This bill has been amended

Bill S5006-2011

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.

Details

Actions

  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.394
  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jun 22, 2011: OPINION REFERRED TO JUDICIARY
  • May 9, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • May 2, 2011: REFERRED TO JUDICIARY

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Mar 20, 2012
Ayes (15): Bonacic, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Gianaris, Krueger, Serrano, Squadron
Ayes W/R (4): DeFrancisco, Breslin, Dilan, Stavisky
Nays (3): Hassell-Thompson, Espaillat, Perkins
Absent (1): Adams

Memo

BILL NUMBER:S5006

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 from collecting their pension benefits.

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 these proposals are unconstitutional. Therefore, amending the current State Constitution is necessary.

LEGISLATIVE HISTORY: New Legislation.

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 ________________________________________________________________________ 5006 2011-2012 Regular Sessions IN SENATE May 2, 2011 ___________
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 SHALL FORFEIT RIGHTS TO THEIR BENEFITS. 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. LBD89129-01-1

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