NY State Senate Bill 2015-S7417

Senate Bill S7417

2015-2016 Legislative Session

Directs the state to provide reimbursement to counties for mandated increases in compensation paid to district attorneys after April 1, 2016

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2016	referred to finance

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2015-S7417 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Appropriations

2015-S7417 (ACTIVE) - Summary

Directs the state to provide reimbursement to counties for mandated increases in compensation paid to district attorneys after April 1, 2016; appropriates $1,600,000 therefor.

2015-S7417 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7417

 TITLE OF BILL :

An act to direct the state to provide financial assistance to counties
for mandated district attorney salary increases; and making an
appropriation therefor

 PURPOSE :

The bill will require the state to pay state aid and assistance to
each county in the state equal to the difference in the annual
compensation required to be paid to the district attorney of the
county during the 2015 calendar year and the compensation required to
be paid to such district attorney on and after April 1, 2016.

 SUMMARY OF PROVISIONS :

Section 1 requires the department of state to pay state aid and
assistance to each county in the state equal to the difference in the
annual compensation required to be paid to the difference n the annual
compensation required to be paid to the district attorney of the
county during the 2015 calendar year, and the compensation required to
be paid to such district attorney on and after April 1, 2016 as a
result of the increase in compensation announced this year.

Section 2 states that one million six hundred thousand dollars will be
appropriated to the department of state out of any moneys in the
general fund to the credit of the local assistance account, and made
immediately available. Moneys shall be payable on the audit and
warrant of the comptroller on vouchers certified or approved by the
secretary of state in the manner prescribed by law.

Section 3 of the bill states this act shall take effect immediately.

 JUSTIFICATION :

On December 24, 2015, the New York State Commission on Legislative,
Judicial, and Executive Compensation voted to recommend increasing all
state judge salaries in 2016 and 2018. The recommended increase placed
Supreme Court judges' salaries at $193,000 in 2016 and $203,000.00 in
2018 and placed County Court Judges at 95% of a Supreme Court
Justice's salary. On April 1st the State approved the Commission's
recommendation. State Judicial Law 183-a links judicial salaries with
county district attorneys' (DA's) salaries, requiring DA's salaries to
be equal or higher than either the County Court Judge or Supreme Court
Judge in a county, depending on full or part-time status.

For over 50 years, the state has paid for every DA salary increase
mandated on counties. The state has historically funded these salary
increases through the state budget. On April 1, 2016 the State adopted
a budget that is over $150 billion statewide, but did not include the
approximately $1.6 million for counties to fund the DA salary
increases.  Interestingly, the state also did not include a general
fund allocation for the judges' salaries, forcing those raises to come
out of the Judiciary budget.

The raise will cost each county approximately $30,000.00 in funds not
allocated from their 2016 county budgets - a cost of approximately 1/3
of their total allowable property tax cap growth for all government
operations in 2016. This legislation will provide state funding to
alleviate the burden placed upon counties through this mandate.

 LEGISLATIVE HISTORY :

None
 FISCAL IMPLICATIONS :

One million six hundred thousand dollars ($1,600,000)

 EFFECTIVE DATE :
Immediately

2015-S7417 (ACTIVE) - Bill Text download pdf

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

                                  7417

                            I N  S E N A T E

                             April 29, 2016
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to direct the state to provide financial assistance  to  counties
  for  mandated district attorney salary increases; and making an appro-
  priation therefor

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

  Section 1. Notwithstanding any other provision of law to the contrary,
the  state,  acting  by  and  through the department of state, shall pay
state aid and assistance to each  county  in  the  state  equal  to  the
difference  in  the  annual  compensation  required  to  be  paid to the
district attorney of the county during the 2015 calendar year,  and  the
compensation  required to be paid to such district attorney on and after
April 1, 2016 as the result of the  increase  in  compensation  paid  to
district  attorneys  pursuant  to section 183-a of the judiciary law and
the implementation of the recommendations of the New York state  commis-
sion  on  legislative,  judicial and executive compensation, relating to
compensation paid to supreme court justices and county court judges.
  S 2. The sum of one million six hundred thousand dollars ($1,600,000),
or so much thereof as may be necessary, is hereby  appropriated  to  the
department  of  state  out  of  any  moneys in the state treasury in the
general fund to the credit of the local assistance account,  not  other-
wise  appropriated,  and  made immediately available, for the purpose of
carrying out the provisions of this act. Such moneys shall be payable on
the audit and warrant  of  the  comptroller  on  vouchers  certified  or
approved by the secretary of state in the manner prescribed by law.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15174-01-6

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