NY State Senate Bill 2009-S68010

Senate Bill S68010

Signed By Governor

2009-2010 Legislative Session

Establishes a special commission on judicial compensation, and provides for their powers and duties and provides periodic salary increases to state officers

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 10, 2010	signed chap.567
Dec 01, 2010	delivered to governor
Nov 29, 2010	returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.6 substituted for a42010 referred to ways and means delivered to assembly passed senate message of necessity ordered to third reading cal.5 referred to rules

Votes

- Nov 29, 2010 - Floor Vote
  S68010
  
  58
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Nov 29, 2010
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      absent (1)
      
      Espada
      
      excused (2)
      
      Bonacic
      
      Young
  Nov 29, 2010 - Rules Committee Vote
  S68010
  
  20
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Nov 29, 2010
      
      aye (20)
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (2)
      
      Saland
      
      Seward
      
      absent (1)
      
      Espada

2009-S68010 (ACTIVE) - Details

See Assembly Version of this Bill:: A42010
Law Section:: Judiciary

2009-S68010 (ACTIVE) - Summary

Establishes a special commission on judicial compensation, and provides for their powers and duties and provides periodic salary increases to state officers.

2009-S68010 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S68010

TITLE OF BILL:

An act in relation to establishing a special commission on compensation,
and providing for their powers and duties; and to provide periodic sala-
ry increases to state officers

PURPOSE:

This bill would provide for a special commission on judicial compen-
sation to examine, evaluate and make recommendations with respect to
compensation, adjustments and non-salary benefits of certain State-paid
judges and justices of the Unified Court System.

SUMMARY OF PROVISIONS:

Section 1 of the bill would provide for the creation of the Commission
on Judicial Compensation. to consist of seven members appointed as
follows: three by the Governor, one by the Speaker of the Assembly, one
by the Temporary President of the Senate and two by the Chief Judge. The
Commission would be required to report its findings, conclusions, deter-
minations and recommendations within 150 days of its establishment.

Every four years the Commission would examine, evaluate and make recom-
mendations with respect to judicial compensation. The Commission would

determine what the judicial salaries shall be and would make recommenda-
tions to effect the changes to salaries. Such recommendations would
become effective the next fiscal year. The recommendations of the
Commission would have the force of law.

Section 2 of the bill would establish the date the recommendations of
the Commission become effective.

Section 3 of the bill would provide that any adjustment of salaries
under this bill would be funded to the nearest hundred dollar.

Section 4 of the bill would provide for an immediate effective date.

EXISTING LAW:

Salaries for State-paid judges and justices of the Unified Court System
were last increased pursuant to Chapter 630 of the Laws of 1998.

STATEMENT IN SUPPORT:

Salaries for New York State Judges were last adjusted in 1999. As a
result, judicial salaries have become an increasing subject of contro-
versy in recent years.  Moreover, the absence of a pay increase has
produced legal challenges, culminating in the Court of Appeals decision
in In the Matter of Maron v. Silver, 14 N.Y.3d 230 (2010).  In that

decision, the Court found that "whether the Judiciary is entitled to a
compensation increase must be based upon an objective assessment of the
Judiciary's needs." Further, the court stated that the Legislature
should give the matter of judicial compensation "expeditious and appro-
priate consideration."

This bill would address the issue, in a manner consistent with the Court
of Appeals decision, by establishing a quadrennial Commission on Judi-
cial Compensation to ensure that the proper salary level is set on a
regular basis. The members of the Commission would include represen-
tatives of the Executive, Legislature and Judiciary, so as to ensure
input from all different branches of government in determining judicial
compensation,"expeditious and appropriate consideration."

BUDGET IMPLICATIONS:

The cost to the State from the operation of the Commission would be
minimal.  To the extent the Commission recommends a salary increase for
judges, such increase would have a fiscal impact on the State.

EFFECTIVE DATE:

This bill would take effect immediately upon enactment.

2009-S68010 (ACTIVE) - Bill Text download pdf

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

                                   10

                       Third Extraordinary Session

                            I N  S E N A T E

                            November 29, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

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

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

S. 10                               2

government; the levels of compensation and non-salary benefits  received
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

S. 10                               3

the  effective  date of such increase as provided in this act, or at the
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.

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