Bill Text: NY S02394 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-05-15 - REPORTED AND COMMITTED TO FINANCE [S02394 Detail]

Download: New_York-2017-S02394-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2394
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced by Sens. GIANARIS, HOYLMAN, KRUEGER -- read twice and ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations 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
    23  defense fund or legal defense funds have been established, shall not  be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01588-01-7
        S. 2394                             2
     1  eligible  for reimbursement pursuant to this section until all moneys in
     2  such fund or funds have been  expended  for  the  employees'  reasonable
     3  attorneys' fees and/or litigation expenses.
     4    (c)  Upon  the application for reimbursement for reasonable attorneys'
     5  fees or litigation expenses or both made by or on behalf of an  employee
     6  as  provided  in subdivision three of this section, the attorney general
     7  shall determine, based upon his investigation  and  his  review  of  the
     8  facts  and  circumstances, whether such reimbursement shall be paid. The
     9  attorney general shall notify the employee in writing of  such  determi-
    10  nation. Upon determining that such reimbursement should be provided, the
    11  attorney  general shall so certify to the comptroller. Upon such certif-
    12  ication, reimbursement shall be made for such fees or expenses  or  both
    13  upon  the  audit  and  warrant  of the comptroller. On or before January
    14  fifteenth the comptroller, in consultation with the  department  of  law
    15  and  other  agencies as may be appropriate, shall submit to the governor
    16  and the legislature an  annual  accounting  of  judgments,  settlements,
    17  fees,  and  litigation expenses paid pursuant to this section during the
    18  preceding and current fiscal years. Such accounting shall  include,  but
    19  not be limited to the number, type and amount of claims so paid, as well
    20  as  an estimate of claims to be paid during the remainder of the current
    21  fiscal year and during the  following  fiscal  year.  Any  dispute  with
    22  regard  to  entitlement  to  reimbursement  or  the amount of litigation
    23  expenses or the reasonableness of attorneys' fees shall be resolved by a
    24  court of competent jurisdiction upon appropriate motion or by way  of  a
    25  special proceeding.
    26    § 2. This act shall take effect immediately.