New York A 3188: Revokes the public pension of a public officer who stands convicted on an impeachment

Bill Text

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A03188 Summary:

BILL NOA03188 

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SAME ASSAME AS S04772

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SPONSORSantabarbara

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COSPNSR

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MLTSPNSR

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Amd Art 5 §7, Art 6 §24, Constn

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Revokes the public pension of a public officer who stands convicted on an impeachment; applies retroactively.

Go to top A03188 Actions:

BILL NOA03188 

&nbsp

01/23/2025referred to judiciary

01/24/2025to attorney-general for opinion

02/05/2025opinion referred to judiciary

01/07/2026referred to judiciary

01/08/2026to attorney-general for opinion

01/30/2026opinion referred to judiciary

Go to topA03188 Committee&nbspVotes:

Go to topA03188 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03188 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3188

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. SANTABARBARA -- read once and referred 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 the public pension of a public officer

 1 Section 1. Resolved (if the Senate concur), That section 7 of article
 2 5 of the constitution be amended to read as follows:
 3 § 7. (a) After July first, nineteen hundred forty, membership in any
 4 pension or retirement system of the state or of a civil division thereof
 5 shall be a contractual relationship, the benefits of which shall not be
 6 diminished or impaired.
 7 (b) (i) Notwithstanding subdivision (a) of this section, the public
 8 pension of a public officer, as defined in paragraph [(c) of this
 9 section] (ii) of this subdivision, who stands convicted of a felony for
 10 which such felony has a direct and actual relationship to the perform-
 11 ance of the public officer's existing duties, may be reduced or revoked,
 12 following notice and a hearing by an appropriate court, as provided by
 13 law. The court determination whether to reduce or revoke such pension
 14 shall be based on the consideration of factors including the severity of
 15 the crime and the proportionality of a reduction or revocation of such
 16 pension to such crime. When a court issues an order to reduce or revoke
 17 such pension, the court shall consider and determine specific findings
 18 as to the amount of such forfeiture, if any, and whether forfeiture, in
 19 whole or in part, would result in undue hardship or other inequity upon
 20 any dependent children, spouse or other dependents; and other factors as
 21 provided by law. The legislature shall enact legislation to implement
 22 this amendment taking into account interests of justice.
 23 [(c)] (ii) For the purposes of [paragraph (b) of this section] this
 24 subdivision, the term "public officer" shall mean: [(i)] (A) an official
 25 filling an elected office within the state; [(ii)] (B) a holder of
 26 office filled by direct appointment by the governor of this state,
 27 either upon or without senate confirmation; [(iii)] (C) a county, city,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89071-01-5

 A. 3188 2

 1 town or village administrator, manager or equivalent position; [(iv)]
 2 (D) the head or heads of any state or local government department, divi-
 3 sion, board, commission, bureau, public benefit corporation, or public
 4 authority of this state who are vested with authority, direction and
 5 control over such department, division, board, commission, bureau,
 6 public benefit corporation or public authority; [(v)] (E) the chief
 7 fiscal officer or treasurer of any municipal corporation or political
 8 subdivision of the state; [(vi)] (F) a judge or justice of the unified
 9 court system; and [(vii)] (G) a legislative, executive, or judicial
 10 employee of this state who directly assists in the formulation of legis-
 11 lation, rules, regulations, policy, or judicial decision-making and who
 12 is designated as a policymaker as set forth in statute.
 13 [(d) Paragraph (b) of this section] (iii) This subdivision shall only
 14 apply to crimes committed on or after the first of January next succeed-
 15 ing the date upon which the people shall approve and ratify the amend-
 16