Bill Text: NY S00295 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits state reimbursement of campaign and political committees, or legal defense funds, for payments made on behalf of the criminal defense of a state employee.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00295 Detail]

Download: New_York-2019-S00295-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           295
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by Sens. GIANARIS, BROOKS, HOYLMAN, KAMINSKY, KRUEGER -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Investigations and Government Operations
        AN ACT to amend the public officers  law,  in  relation  to  prohibiting
          reimbursement  of  campaign  committees  and  legal  defense funds for
          defense costs incurred on behalf of state employees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 2 of section 19 of the public officers law, as
     2  amended by chapter 769 of the laws  of  1985,  is  amended  to  read  as
     3  follows:
     4    2. (a) Upon compliance by the employee with the provisions of subdivi-
     5  sion three of this section, and subject to the restrictions set forth in
     6  paragraph  (b) of this subdivision and the conditions set forth in para-
     7  graph [(b)] (c) of this subdivision, it shall be the duty of  the  state
     8  to pay reasonable attorneys' fees and litigation expenses incurred by or
     9  on  behalf of an employee in his or her defense of a criminal proceeding
    10  in a state or federal court arising out of any act which occurred  while
    11  such  employee  was  acting within the scope of his public employment or
    12  duties upon his acquittal or upon the dismissal of the criminal  charges
    13  against him or reasonable attorneys' fees incurred in connection with an
    14  appearance  before  a  grand jury which returns no true bill against the
    15  employee where such appearance was required as a result of any act which
    16  occurred while such employee was acting within the scope of  his  public
    17  employment  or duties unless such appearance occurs in the normal course
    18  of the public employment or duties of such employee.
    19    (b)  No reimbursement shall be paid pursuant to this  section  to  any
    20  campaign or political committee, or legal defense fund which pays all or
    21  any  portion  of  an  employees' reasonable attorneys' fees and/or liti-
    22  gation expenses.   Furthermore, an employee  on  whose  behalf  a  legal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05020-01-9
        S. 295                              2
     1  defense  fund or legal defense funds have been established, shall not be
     2  eligible for reimbursement pursuant to this section until all moneys  in
     3  such  fund  or  funds  have  been expended for the employees' reasonable
     4  attorneys' fees and/or litigation expenses.
     5    (c)  Upon  the application for reimbursement for reasonable attorneys'
     6  fees or litigation expenses or both made by or on behalf of an  employee
     7  as  provided  in subdivision three of this section, the attorney general
     8  shall determine, based upon his investigation  and  his  review  of  the
     9  facts  and  circumstances, whether such reimbursement shall be paid. The
    10  attorney general shall notify the employee in writing of  such  determi-
    11  nation. Upon determining that such reimbursement should be provided, the
    12  attorney  general shall so certify to the comptroller. Upon such certif-
    13  ication, reimbursement shall be made for such fees or expenses  or  both
    14  upon  the  audit  and  warrant  of the comptroller. On or before January
    15  fifteenth the comptroller, in consultation with the  department  of  law
    16  and  other  agencies as may be appropriate, shall submit to the governor
    17  and the legislature an  annual  accounting  of  judgments,  settlements,
    18  fees,  and  litigation expenses paid pursuant to this section during the
    19  preceding and current fiscal years. Such accounting shall  include,  but
    20  not be limited to the number, type and amount of claims so paid, as well
    21  as  an estimate of claims to be paid during the remainder of the current
    22  fiscal year and during the  following  fiscal  year.  Any  dispute  with
    23  regard  to  entitlement  to  reimbursement  or  the amount of litigation
    24  expenses or the reasonableness of attorneys' fees shall be resolved by a
    25  court of competent jurisdiction upon appropriate motion or by way  of  a
    26  special proceeding.
    27    § 2. This act shall take effect immediately.