S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   10

                       Third Extraordinary Session

                          I N  A S S E M B L Y

                            November 29, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  once and referred to the Committee on Ways and Means

AN ACT in relation to establishing a special commission on compensation,
  and  providing  for  their  powers and duties; and to provide periodic
  salary increases to state officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. (a) On the first of April of every fourth year, commencing
April 1, 2011, there shall be established for such year a commission  on
judicial compensation to examine, evaluate and make recommendations with
respect  to  adequate levels of compensation and non-salary benefits for
judges and justices of  the  state-paid  courts  of  the  unified  court
system.   In accordance with the provisions of this section, the commis-
sion shall:
  (i) examine the prevailing adequacy of pay levels and non-salary bene-
fits received by the judges and justices of the state-paid courts of the
unified court system and housing judges of the civil court of  the  city
of New York and determine whether any of such pay levels warrant adjust-
ment; and
  (ii)  determine  whether,  for any of the four years commencing on the
first of April of such years, following the year in which the commission
is established, the annual salaries for the judges and justices  of  the
state-paid  courts of the unified court system and housing judges of the
civil court of the city of New York warrant adjustment.
  In discharging its responsibilities under paragraphs (i) and  (ii)  of
this subdivision, the commission shall take into account all appropriate
factors  including,  but  not  limited to: the overall economic climate;
rates of inflation; changes in public-sector  spending;  the  levels  of
compensation  and  non-salary  benefits  received  by  judges, executive
branch officials and legislators of other  states  and  of  the  federal
government;  the levels of compensation and non-salary benefits received

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12081-06-0
              

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by professionals in  government,  academia  and  private  and  nonprofit
enterprise;  and  the  state's ability to fund increases in compensation
and non-salary benefits.
  (b)  The  commission  shall  consist  of  7 members to be appointed as
follows: 3 shall be appointed by the governor; 1 shall be  appointed  by
the  temporary  president  of  the  senate;  1 shall be appointed by the
speaker of the assembly; and 2 shall be appointed by the chief judge  of
the  state.  Of  the  members  appointed by an official pursuant to this
subdivision, where such official has more than one such appointment,  at
least  one-half (at least a majority, in the case of the governor) shall
not be employees of the state or any political subdivision thereof,  and
at  least  one-half  shall  not be members of the bar of the state.  The
governor shall designate the chair of  the  commission  from  among  the
members so appointed. Vacancies in the commission shall be filled in the
same manner as original appointments. To the extent practicable, members
of the commission shall have experience in one or more of the following:
determination  of  executive compensation, human resource administration
and financial management.
  (c) The commission may meet within and without  the  state,  may  hold
public hearings and shall have all the powers of a legislative committee
pursuant to the legislative law.
  (d)  The  members  of the commission shall receive no compensation for
their services but shall be allowed their actual and necessary  expenses
incurred in the performance of their duties hereunder.
  (e) No member of the commission shall be disqualified from holding any
other  public office or employment, nor shall he or she forfeit any such
office or employment by reason of his or  her  appointment  pursuant  to
this  section, notwithstanding the provisions of any general, special or
local law, regulation, ordinance or city charter.
  (f) To the maximum extent feasible, the commission shall  be  entitled
to  request  and  receive  and  shall  utilize and be provided with such
facilities, resources and  data  of  any  court,  department,  division,
board,  bureau,  commission,  agency or public authority of the state or
any political subdivision thereof as it may reasonably request to  carry
out properly its powers and duties pursuant to this section.
  (g)  The commission may request, and shall receive, reasonable assist-
ance from state agency personnel as necessary for the performance of its
functions.
  (h) The commission shall make a report to the governor,  the  legisla-
ture  and  the  chief  judge  of the state of its findings, conclusions,
determinations and recommendations, if any, not later than  one  hundred
fifty  days  after its establishment. Each recommendation made to imple-
ment a determination pursuant to paragraph (ii) of  subdivision  (a)  of
this section shall have the force of law, and shall supersede inconsist-
ent  provisions  of article 7-B of the judiciary law, unless modified or
abrogated by statute prior to April first of the year as to  which  such
determination applies.
  (i)  Upon  the  making of its report as provided in subdivision (h) of
this section, each commission established pursuant to this section shall
be deemed dissolved.
  S 2. Date of  entitlement  to  salary  increase.  Notwithstanding  the
provisions  of  this act or of any other law, each increase in salary or
compensation of any officer or employee provided by this  act  shall  be
added  to  the salary or compensation of such officer or employee at the
beginning of that payroll period the first day of which  is  nearest  to
the  effective  date of such increase as provided in this act, or at the

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beginning of the earlier of two payroll periods the first days of  which
are  nearest  but equally near to the effective date of such increase as
provided in this act; provided, however,  the  payment  of  such  salary
increase  pursuant to this section on a date prior thereto instead of on
such effective date, shall not operate to confer any  additional  salary
rights or benefits on such officer or employee.
  S  3.  The  annual salaries as prescribed pursuant to this act for the
state-paid judges and justices of  the  unified  court  system  whenever
adjusted  pursuant to the provisions of this act, shall be rounded up to
the nearest multiple of one hundred dollars.
  S 4. This act shall take effect immediately.