BILL NUMBER:A10354
TITLE OF BILL: An act to amend the legislative law and the executive
law, in relation to the forfeiture of salary by members of the legisla-
ture, the governor, the lieutenant governor, and the comptroller upon
failure to enact a state budget by April first
PURPOSE OR GENERAL IDEA OF BILL: To provide an incentive for passing
the state budget by the April 1 deadline.
SUMMARY OF SPECIFIC PROVISIONS: Provides a financial penalty on members
of the state legislature and the governor for failure to enact a timely
state budget. Each member of the State Senate and Assembly, as well as
the Governor will pay a penalty equivalent to one day's 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.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: The emergency
extender legislation passed in order to pay state employees after fail-
ure to enact a state budget within the April 1 deadline, will not
include members of the legislature and the governor.
JUSTIFICATION: In the past nineteen 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
S T A T E O F N E W Y O R K
________________________________________________________________________
10354
I N A S S E M B L Y
March 19, 2010
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law and the executive law, in relation
to the forfeiture of salary by members of the legislature, the gover-
nor, the lieutenant governor, and the comptroller upon failure to
enact a state budget by April first
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 BILLS.
S 2. Section 5 of the legislative law is amended by adding a new
subdivision 2-a to read as follows:
2-A. IN ANY YEAR WHERE PRIOR TO APRIL FIRST, THE LEGISLATURE FAILS TO
PASS THOSE 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 EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET,
PUBLIC PROTECTION AND GENERAL GOVERNMENT BUDGET, LEGISLATURE AND JUDICI-
ARY BUDGET, TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL
CONSERVATION BUDGET, HEALTH AND MENTAL HYGIENE BUDGET AND DEBT SERVICE
BUDGET, EACH MEMBER OF THE LEGISLATURE SHALL BE PENALIZED IN AN AMOUNT
EQUAL TO THE ANNUAL SALARY PAYABLE TO A MEMBER OF THE LEGISLATURE MULTI-
PLIED 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 BEGIN-
NING WITH APRIL FIRST AND ENDING ON THE DAY THE LAST OF SUCH BILLS IS
PASSED BY THE LEGISLATURE.
S 3. The executive law is amended by adding a new section 13 to read
as follows:
S 13. COMPENSATION OF THE GOVERNOR AND THE LIEUTENANT GOVERNOR. IN ANY
YEAR WHERE PRIOR TO APRIL FIRST, THE LEGISLATURE FAILS TO PASS THOSE
BILLS, WITH OR WITHOUT AMENDMENTS, SUBMITTED TO IT BY THE GOVERNOR
PURSUANT TO SECTION THREE OF ARTICLE SEVEN OF THE CONSTITUTION MAKING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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.