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.
BILL NUMBER:A10366
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 comp-
troller 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 fail-
S T A T E O F N E W Y O R K
________________________________________________________________________
10366
I N A S S E M B L Y
March 19, 2010
___________
Introduced by M. of A. TEDISCO, O'MARA, THIELE -- read once and referred
to the Committee on Governmental 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.
S 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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