NY State Senate Bill 2017-S4353

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
Jan 03, 2018	referred to investigations and government operations
Feb 10, 2017	referred to investigations and government operations

2017-S4353 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Amd §5, Leg L; add §13, Exec L

2017-S4353 (ACTIVE) - Summary

Provides that members of the legislature shall be penalized one day's salary for each day the state budget is late; provides that legislative leaders and the governor shall be penalized two days pay for each day the state budget is late with all monies to be placed in the New York State children and families trust fund.

2017-S4353 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4353

 TITLE OF BILL :

An act to amend the legislative law and the executive law, in relation
to assessing a penalty upon members of the legislature and the
governor for failure to enact a timely state budget

 PURPOSE OR GENERAL IDEA OF BILL :

To provide an incentive for passing the state budget by the April 1
deadline and to prevent lawmakers who are penalized for failing to
pass a budget on time from recovering parts of their salary. Under the
current provisions of the State Constitution, the salary of lawmakers
is specified. This would change the constitution to allow penalties to
be imposed.

 SUMMARY OF SPECIFIC PROVISIONS :

Provides a financial penalty on members of the state legislature and
the governor, Lt. governor, and comptroller for failure to enact a
timely state budget. Each member of the State Senate and Assembly, as
well as the Governor will forfeit one day's pro-rate salary for each
day the budget is not enacted after the April 1 deadline, until the
last of the budget bills is passed by the legislature. This amendment
will supersede the provisions of the State Constitution, which specify

the salary of lawmakers who may be penalized. All monies withheld
shall be placed in the New York State Children and Families Trust
Fund.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

The emergency extender legislation passed in order to pay state
employees after failure to enact a state budget within the April 1
deadline, will not include members of the Legislature and the
Governor.

 JUSTIFICATION :

In past years the State Legislature and the Governor have failed to
pass the state budget by the April 1 deadline. The Executive Budget is
proposed in January allowing sufficient time for members to reach
agreement by April 1. Failure to meet this deadline is costly to New
York State and localities, and should result in a financial penalty
for legislative members and the Governor. Further, lawmakers should
have no right to sue, under the state constitution, to recover the
portion of their salaries which they have lost due to such a penalty.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Benefits to the Children and Family Trust Fund resulting from this
legislation shall not be used to offset any annual appropriations made
to the Department of Social Services.

 EFFECTIVE DATE :
Immediately.

2017-S4353 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4353
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the legislative law and the executive law,  in  relation
   to  assessing a penalty upon members of the legislature and the gover-
   nor for failure to enact a timely state budget

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 5 of the legislative law, as
 amended  by  chapter  141  of  the  laws  of 1994, is amended to read as
 follows:
   Compensation of members; PENALTY FOR FAILURE TO ENACT BUDGET.
   § 2. Section 5 of the legislative law  is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.  (A)  IN ANY YEAR WHERE PRIOR TO APRIL FIRST, THE LEGISLATURE FAILS
 TO PASS THE BILLS, WITH OR WITHOUT AMENDMENTS, SUBMITTED TO  IT  BY  THE
 GOVERNOR  PURSUANT TO SECTION THREE OF ARTICLE SEVEN OF THE CONSTITUTION
 MAKING APPROPRIATIONS AND REAPPROPRIATIONS FOR THE  SUPPORT  OF  GOVERN-
 MENT,  CONSTITUTING  THE  STATE  BUDGET,  THE TEMPORARY PRESIDENT OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY
 AND  THE MINORITY LEADER OF THE ASSEMBLY SHALL BE PENALIZED IN AN AMOUNT
 EQUAL TO SEVENTY-NINE THOUSAND FIVE  HUNDRED  DOLLARS  MULTIPLIED  BY  A
 FRACTION  THE  NUMERATOR OF WHICH IS TWO AND THE DENOMINATOR OF WHICH IS
 THREE HUNDRED SIXTY-FIVE AND ALL OTHER MEMBERS OF THE LEGISLATURE  SHALL
 BE  PENALIZED  IN  AN AMOUNT EQUAL TO SEVENTY-NINE THOUSAND FIVE HUNDRED
 DOLLARS MULTIPLIED BY A FRACTION THE NUMERATOR OF WHICH IS ONE  AND  THE
 DENOMINATOR OF WHICH IS THREE HUNDRED SIXTY-FIVE FOR EACH DAY DURING THE
 PERIOD BEGINNING WITH APRIL FIRST AND ENDING ON THE DAY THE LAST OF SUCH
 BILLS ARE PASSED BY THE HOUSE IN WHICH HE SERVES.
   (B) THE COMPTROLLER SHALL TRANSFER ANY FUNDS RESULTING FROM THE OPERA-
 TION  OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  FROM THE STATE PURPOSES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06368-01-7

 S. 4353                             2
 
 ACCOUNT IN THE GENERAL FUND TO THE WILLIAM B. HOYT MEMORIAL CHILDREN AND
 FAMILY TRUST FUND ESTABLISHED PURSUANT TO SECTION FOUR  HUNDRED  EIGHTY-
 ONE-F  OF  THE  SOCIAL  SERVICES LAW. SUCH FUNDS SO TRANSFERRED SHALL BE
 SUPPLEMENTAL  TO  ANY  OTHER APPROPRIATIONS MADE FOR THE BENEFIT OF SUCH
 FUND AND SHALL NOT BE USED TO OFFSET OTHER ANNUAL APPROPRIATIONS MADE TO
 THE DEPARTMENT OF FAMILY ASSISTANCE FOR PURPOSES OF ARTICLE TEN-A OF THE
 SOCIAL SERVICES LAW.
   § 3.  The executive law is amended by adding a new section 13 to  read
 as follows:
   §  13.  COMPENSATION  OF  THE GOVERNOR. (A) IN ANY YEAR WHERE PRIOR TO
 APRIL FIRST, THE LEGISLATURE FAILS TO PASS THE BILLS,  WITH  OR  WITHOUT
 AMENDMENTS, SUBMITTED TO IT BY THE GOVERNOR PURSUANT TO SECTION THREE OF
 ARTICLE  SEVEN OF THE CONSTITUTION MAKING APPROPRIATIONS AND REAPPROPRI-
 ATIONS FOR THE SUPPORT OF GOVERNMENT, CONSTITUTING THE STATE BUDGET, THE
 GOVERNOR SHALL BE PENALIZED IN AN AMOUNT EQUAL TO ONE  HUNDRED  SEVENTY-
 NINE THOUSAND DOLLARS MULTIPLIED BY A FRACTION THE NUMERATOR OF WHICH IS
 TWO  AND  THE  DENOMINATOR OF WHICH IS THREE HUNDRED SIXTY-FIVE FOR EACH
 DAY DURING THE PERIOD BEGINNING WITH APRIL FIRST AND ENDING ON  THE  DAY
 THE LAST OF SUCH BILLS ARE PASSED BY THE LEGISLATURE.
   (B) THE COMPTROLLER SHALL TRANSFER ANY FUNDS RESULTING FROM THE OPERA-
 TION  OF SUBDIVISION (A) OF THIS SECTION FROM THE STATE PURPOSES ACCOUNT
 IN THE GENERAL FUND TO THE WILLIAM B. HOYT MEMORIAL CHILDREN AND  FAMILY
 TRUST  FUND ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED EIGHTY-ONE-F OF
 THE SOCIAL SERVICES LAW. SUCH FUNDS SO TRANSFERRED SHALL BE SUPPLEMENTAL
 TO ANY OTHER APPROPRIATIONS MADE FOR THE BENEFIT OF SUCH FUND AND  SHALL
 NOT BE USED TO OFFSET OTHER ANNUAL APPROPRIATIONS MADE TO THE DEPARTMENT
 OF  FAMILY  ASSISTANCE  FOR  PURPOSES  OF  ARTICLE  TEN-A  OF THE SOCIAL
 SERVICES LAW.
   § 4. This act shall take effect immediately.

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Senate Bill S4353

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2017-S4353 (ACTIVE) - Details

2017-S4353 (ACTIVE) - Summary

2017-S4353 (ACTIVE) - Sponsor Memo

2017-S4353 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4353

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2017-S4353 (ACTIVE) - Details

2017-S4353 (ACTIVE) - Summary

2017-S4353 (ACTIVE) - Sponsor Memo

2017-S4353 (ACTIVE) - Bill Text download pdf

Comments