senate Bill S6196

Amended

Prohibits members of the legislature from receiving certain income and establishes the commission on legislative compensation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 07 / Apr / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 07 / Apr / 2014
    • PRINT NUMBER 6196A

Summary

Prohibits members of the legislature from receiving certain income and establishes the commission on legislative compensation.

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Bill Details

Versions:
S6196
S6196A
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Add §§5-b & 5-c, Leg L

Sponsor Memo

BILL NUMBER:S6196

TITLE OF BILL: An act to amend the legislative law, in relation to
prohibiting members of the legislature from receiving certain income
and establishing the commission on legislative compensation

PURPOSE OR GENERAL IDEA OF BILL: Clarifies that the New York State
Legislature is a full-time legislative body by prohibiting legislators
from earning outside income during their term in office, and
establishing a quadrennial commission on legislative compensation to
periodically examine, evaluate, and recommend adequate levels of
compensation and non-salary benefits for state legislators.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the legislative law by adding two new
sections, 5-b and 5-c.

§ 5-b prohibits members of the legislature from receiving outside
earned income for the duration of their terms in office. This
prohibition does not include salary, benefits, or allowances made by
New York State, income from military or National Guard service, income
from pensions or other continuing benefits from previous employment,
copyright royalties, or compensation for services rendered prior to
becoming a member of the legislature.

§ 5-c establishes the Commission on Legislative Compensation ("the
Commission"). The Commission will convene every four years starting
April 1, 2015, and is charged with examining, evaluating, and making
recommendations with respect to adequate levels of compensation and
non-salary benefits for state legislators, taking into account a
number of economic and budgetary factors.

The Commission will consist of nine members: three appointed by the
Governor, one each appointed by the majority and minority leaders of
the Senate and Assembly, and two appointed by the Comptroller.

The Commission shall make its final determination within 150 days
after its establishment, and its recommendations are binding unless
modified or abrogated by statute before taking effect.

Section 2 of the bill provides that the act shall take effect January
1, 2015.

JUSTIFICATION: Over the past several decades, the public's trust in
their state legislators has steadily eroded as scandal after scandal
has rocked Albany. In July 2013, Governor Cuomo convened the Moreland
Commission to Investigate Public Corruption to "probe systemic public
corruption and the appearance of public corruption" in state
government.

In the Commission's December 2013 report, they note that the New York
State Legislature is "part-time," and a majority of legislators
supplement their $79,500 base salary with other jobs - many as
attorneys employed by firms representing clients who have business
before the state. The Commission acknowledges that legislators holding
outside employment inherently creates the appearance - at the very


least - of competing interests between responsibilities as a lawmaker
and their outside job. The Commission has issued subpoenas to certain
lawmakers, seeking details on income derived from sources outside of
their legislative work, and for legislators who are practicing
attorneys, a list of their clients.

This legislation would establish the legislature as "full-time" by
banning most forms of outside income, removing the appearance of
impropriety that comes hand-in-hand with legislators earning outside
income and helping to refocus legislators' priority to representing
their constituents.

A quadrennial commission, similar to the model recently established
for state judges, would be created to periodically examine and adjust
legislative pay to help ensure that members of the legislature are
compensated at levels commensurate with the full-time work they are
expected to perform.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect January 1, 2015.

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

                                  6196

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- 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, in relation to prohibiting  members
  of  the legislature from receiving certain income and establishing the
  commission on legislative compensation

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

  Section  1.  The legislative law is amended by adding two new sections
5-b and 5-c to read as follows:
  S 5-B. PROHIBITION ON OUTSIDE EARNED INCOME FOR MEMBERS.  1.  NOTWITH-
STANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, MEMBERS OF THE
LEGISLATURE ARE PROHIBITED FROM RECEIVING OUTSIDE EARNED INCOME FOR  THE
DURATION OF THEIR TERM IN OFFICE.
  2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "OUTSIDE EARNED INCOME"
INCLUDES, BUT IS NOT LIMITED TO,  WAGES,  SALARIES,  HONORARIA,  COMMIS-
SIONS, PROFESSIONAL FEES, AND OTHER FORMS OF COMPENSATION FOR SERVICES.
  3.  FOR THE PURPOSES OF THIS SECTION, THE TERM "OUTSIDE EARNED INCOME"
DOES NOT INCLUDE:
  A. SALARY, BENEFITS, AND ALLOWANCES PAID BY THE STATE OF NEW YORK;
  B. INCOME ATTRIBUTABLE  TO  SERVICE  WITH  THE  MILITARY  RESERVES  OR
NATIONAL GUARD;
  C.  INCOME FROM PENSIONS AND OTHER CONTINUING BENEFITS ATTRIBUTABLE TO
PREVIOUS EMPLOYMENT OR SERVICES;
  D. INCOME FROM INVESTMENT ACTIVITIES WHERE THE MEMBER'S  SERVICES  ARE
NOT A MATERIAL FACTOR IN THE PRODUCTION OF INCOME;
  E.  COPYRIGHT  ROYALTIES,  FEES, AND THEIR FUNCTIONAL EQUIVALENT, FROM
THE USE OR SALE OF COPYRIGHT, PATENT AND SIMILAR FORMS  OF  INTELLECTUAL
PROPERTY  RIGHTS,  WHEN RECEIVED FROM ESTABLISHED USERS OR PURCHASERS OF
THOSE RIGHTS; OR
  F. COMPENSATION FOR SERVICES RENDERED  PRIOR  TO  JANUARY  FIRST,  TWO
THOUSAND FIFTEEN, OR BEFORE BECOMING A MEMBER OF THE LEGISLATURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13254-02-3

S. 6196                             2

  S  5-C.  COMMISSION  ON LEGISLATIVE COMPENSATION.   1. ON THE FIRST OF
APRIL OF  EVERY  FOURTH  YEAR,  COMMENCING  APRIL  FIRST,  TWO  THOUSAND
FIFTEEN, THERE SHALL BE ESTABLISHED FOR SUCH YEAR A COMMISSION ON LEGIS-
LATIVE  COMPENSATION  TO EXAMINE, EVALUATE AND MAKE RECOMMENDATIONS WITH
RESPECT  TO  ADEQUATE LEVELS OF COMPENSATION AND NON-SALARY BENEFITS FOR
MEMBERS OF THE STATE LEGISLATURE. IN ACCORDANCE WITH THE  PROVISIONS  OF
THIS SECTION, THE COMMISSION SHALL:
  A.  EXAMINE THE PREVAILING ADEQUACY OF PAY LEVELS AND NON-SALARY BENE-
FITS RECEIVED BY MEMBERS OF THE STATE LEGISLATURE AND DETERMINE  WHETHER
ANY OF SUCH PAY LEVELS WARRANT ADJUSTMENT; AND
  B.  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 MEMBERS OF THE STATE  LEGIS-
LATURE WARRANT ADJUSTMENT.
  IN  DISCHARGING  ITS RESPONSIBILITIES UNDER PARAGRAPHS A AND B 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
BY PROFESSIONALS IN  GOVERNMENT,  ACADEMIA  AND  PRIVATE  AND  NONPROFIT
ENTERPRISE;  AND  THE  STATE'S ABILITY TO FUND INCREASES IN COMPENSATION
AND NON-SALARY BENEFITS.
  2. THE COMMISSION SHALL CONSIST OF NINE MEMBERS  TO  BE  APPOINTED  AS
FOLLOWS:  THREE  SHALL  BE  APPOINTED  BY  THE  GOVERNOR;  ONE  SHALL BE
APPOINTED BY THE  TEMPORARY  PRESIDENT  OF  THE  SENATE;  ONE  SHALL  BE
APPOINTED  BY THE SPEAKER OF THE ASSEMBLY; ONE SHALL BE APPOINTED BY THE
SENATE MINORITY LEADER; ONE SHALL BE APPOINTED BY THE ASSEMBLY  MINORITY
LEADER; AND TWO SHALL BE APPOINTED BY THE STATE COMPTROLLER. THE MEMBERS
APPOINTED  SHALL NOT BE EMPLOYEES OF THE STATE OR ANY POLITICAL SUBDIVI-
SION THEREOF. 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.
  3.  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 THIS CHAPTER.
  4. 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.
  5. TO THE MAXIMUM EXTENT FEASIBLE, THE COMMISSION SHALL BE ENTITLED TO
REQUEST AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH  FACILI-
TIES,  RESOURCES  AND  DATA  OF  ANY COURT, DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLI-
TICAL SUBDIVISION THEREOF AS IT MAY REASONABLY REQUEST TO PROPERLY CARRY
OUT ITS POWERS AND DUTIES PURSUANT TO THIS SECTION.
  6. THE COMMISSION MAY REQUEST, AND SHALL RECEIVE,  REASONABLE  ASSIST-
ANCE FROM STATE AGENCY PERSONNEL AS NECESSARY FOR THE PERFORMANCE OF ITS
FUNCTIONS.
  7. THE COMMISSION SHALL MAKE A REPORT TO THE GOVERNOR, THE STATE COMP-
TROLLER AND THE LEGISLATURE OF ITS FINDINGS, CONCLUSIONS, DETERMINATIONS
AND RECOMMENDATIONS, IF ANY, NOT LATER THAN ONE HUNDRED FIFTY DAYS AFTER
ITS ESTABLISHMENT. EACH RECOMMENDATION MADE TO IMPLEMENT A DETERMINATION

S. 6196                             3

PURSUANT  TO  PARAGRAPH  B OF SUBDIVISION ONE OF THIS SECTION SHALL HAVE
THE FORCE OF LAW, AND SHALL SUPERSEDE INCONSISTENT PROVISIONS OF SECTION
FIVE OF THIS ARTICLE, UNLESS MODIFIED OR ABROGATED BY STATUTE  PRIOR  TO
APRIL FIRST OF THE YEAR AS TO WHICH SUCH DETERMINATION APPLIES.
  8.  UPON  THE MAKING OF ITS REPORT AS PROVIDED IN SUBDIVISION SEVEN OF
THIS SECTION, EACH COMMISSION ESTABLISHED PURSUANT TO THIS SECTION SHALL
BE DEEMED DISSOLVED.
  9. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR OF ANY OTHER LAW,
EACH INCREASE IN SALARY OR COMPENSATION OF ANY MEMBER OF THE LEGISLATURE
PROVIDED BY THIS SECTION SHALL BE ADDED TO THE SALARY OR COMPENSATION OF
SUCH MEMBER 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 SECTION, 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  SECTION;  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 MEMBER.
  10. THE ANNUAL SALARIES AS PRESCRIBED PURSUANT TO THIS SECTION FOR THE
MEMBERS  OF  THE  STATE  LEGISLATURE  WHENEVER  ADJUSTED PURSUANT TO THE
PROVISIONS OF THIS SECTION, SHALL BE ROUNDED UP TO THE NEAREST  MULTIPLE
OF ONE HUNDRED DOLLARS.
  S 2. This act shall take effect January 1, 2015.

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