NY State Senate Bill 2009-S6009

Senate Bill S6009

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 - In Senate Committee Judiciary 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Jun 19, 2009	referred to rules

2009-S6009 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary

2009-S6009 (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-S6009 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6009

 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 salary increases to state officers


 PURPOSE :

This bill would provide for a special commission on judicial
compensation 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, determinations and recommendations by September 1, 2010.

Every four years the Commission would examine, evaluate and make

recommendations with respect to judicial compensation. The Commission
would determine what the judicial salaries shall be and would make
recommendations to effect the changes to salaries. Such
recommendations would become effective on April 1, 2011.  The
recommendations of the Commission would have the force of law.

Section 2 of the bill would provide for the payroll period on which
such salary increases would be effective.

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

 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. The
salaries of the approximately 2,250 part-time town and villages
justices are set by their local governing authorities, such as an
elected town board. They range from less than $8,000 a year to more
than $50,000, depending on the population, workload and financial
resources of the local community. The salaries of the more than 1,250
statewide judges and justices are set by the state Legislature, which
also sets the salaries of its own members and the state's Executive
officers and commissioners, subject to approval or veto by the
Governor, as with other legislation.

In recent years, judicial salaries have been the subject of much
controversy. Efforts have been made to tie such salaries to other
legislative enactments, impeding the ability of the Legislature and
Executive to properly address the issue.

This bill would establish a quadrennial Commission on Judicial
Compensation to ensure that the proper salary level is set on a
regular basis.  The members of the Commission would include
representatives of the Executive, Legislature and Judiciary, so as to
ensure input from all different branches of government in determining
judicial compensation.

 BUDGET IMPLICATIONS :

The cost to the state is negligible. To the extent the Commission
recommends a salary increase for judges, those increases will have a
fiscal impact on the State.

 EFFECTIVE DATE :
This bill would take effect immediately upon enactment.

2009-S6009 (ACTIVE) - Bill Text download pdf

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

                                  6009

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced by Sen. SAMPSON -- (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, 2010, 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  determine  whether  any  of  such  pay  levels
warrant adjustment; and
  (ii)  determine  whether, for any of the four 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
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
government; the levels of compensation and non-salary benefits  received
by  professionals  in  government,  academia  and  private and nonprofit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD12081-05-9

S. 6009                             2

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 employ and at its pleasure remove such person-
nel as it may deem necessary for the performance of  its  functions  and
fix  compensation  within  amounts  made available therefor by appropri-
ation.
  (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
the  effective  date of such increase as provided in this act, or at the

S. 6009                             3

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.