Bill S3048-2013

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies.

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  • Feb 11, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 21, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 31, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 29, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S3048

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 7 of article 5 of the constitution, in relation to removal of pension and retirement benefits from persons convicted of certain felonies

PURPOSE: Provides that any elected official who is convicted of a felony offense involving their position of public trust shall forfeit their pension benefits.

SUMMARY OF PROVISIONS: adds a new section to article 5 section 7 of the Constitution that bars any elected official convicted of a felony offense that occurred during their time in office from collecting their pension benefits earned while in such office.

JUSTIFICATION: At the present time, New York State does not have a policy in place that will forfeit the pension benefits of any elected official who is convicted of a felony offense committed through the abuse of their office.

When an elected official is sworn into office, they take an oath to uphold the Constitution and laws of New York State. This oath sets the highest standards for integrity. Violating that public trust requires criminal penalties. It also demands penalties that bar elected officials from receiving benefits after their conviction and removal from office.

Previous legislation has sought to reduce or eliminate benefits of elected officials convicted of a crime related to their employment. However, these pieces of legislation do not go far enough. It is necessary to amend the New York State Constitution as barring a pension contends with a contractual relationship and as a result those benefits cannot be reduced or impaired simply by changing the law. It is likely those proposals are unconstitutional. Therefore, amending the current State Constitution is necessary.

LEGISLATIVE HISTORY: 2011-12: S. 5006-A - Committed to Rules/A. 9775-A - Referred to Attorney-General for Opinion

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved ( if the Assembly concur), that the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 3048 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 7 of article 5 of the constitution, in relation to removal of pension and retirement benefits from persons convicted of certain felonies Section 1. Resolved (if the Assembly concur), That section 7 of arti- cle 5 of the constitution be amended to read as follows: S 7. After July first, nineteen hundred forty, membership in any pension or retirement system of the state or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be diminished or impaired. ANY ELECTED OFFICIAL WHO IS CONVICTED OF A FELO- NY OFFENSE AGAINST PUBLIC ADMINISTRATION THAT OCCURRED DURING THEIR TIME IN OFFICE SHALL FORFEIT RIGHTS TO THEIR BENEFITS EARNED WHILE IN SUCH OFFICE. S 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89060-01-3

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