Senate Bill S4478

2011-2012 Legislative Session

Freezes salary increases and other payment increases of employees of the state for one year; authorizes municipal corporations to institute such freezes

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Archive: Last Bill Status - In Senate Committee Local Government 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to local government
Apr 06, 2011	referred to local government

2011-S4478 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §25, Gen Muni L; add §137, Civ Serv L

2011-S4478 (ACTIVE) - Summary

Freezes salary or wage increases of employees of the state which would otherwise take effect pursuant to collective bargaining agreements or similar agreements for one year; freezes increased payments to state employees for holiday and vacation differentials, shift differentials and salary adjustments for one year; authorizes municipal corporations to institute such wage or increased payment freezes for their employees.

2011-S4478 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4478

TITLE OF BILL:
An act
to amend the general municipal law and
the civil service law,
in relation to
freezing salary or wage increases of employees of the state and
authorizing municipal corporations to institute such wage freezes for
their employees; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill would permit local
governments, by local law, and state government, to establish a wage
freeze for governmental employees for a period not to exceed a year.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - Legislative findings and declarations.

Section 2 - Adds new §25 to the General Municipal Law allowing any
municipality to freeze and suspend all increases in salary or wages
of its employees for a period of no more than one year. No
retroactive pay adjustments may be made at the conclusion of the wage
freeze.

Section 3 - Adds new §137 to the Civil Service Law requiring New York
State to freeze and suspend all increases in salary or wages of its
employees for a period of no more than one year. No retroactive pay
adjustments may be made at the conclusion of the ~age freeze.

Section 4 - Sets the enacting date and sunset date of one year.

JUSTIFICATION:
Real Property Taxes in New York State are too high, and the burden
they place upon citizens, homeowners and businesses, is making it
difficult for New York State to thrive, prosper and succeed. The only
way to realistically reduce the real property tax burden upon our
citizens, homeowners and businesses, is to place a comprehensive
approach in State law which controls costs and spending for local
governments, and provides significant mandate relief with respect to
their fiscal obligations. Real property tax relief and local
government mandate reform must be achieved by establishing a
comprehensive approach to reduce real property taxes across the
state, the controlling government costs, and providing significant
mandate relief to local governments.

In recognition that New York State has been impacted by the national
recession, a fiscal emergency currently exists. A structural
imbalance has contributed to New York becoming one of the highest
taxed states in the country. During this time of fiscal crisis, the
State and local municipalities are experiencing extreme pressures to
continue to provide adequate infrastructure and core services to
their residence while also
keeping taxes reasonable and affordable. A combination of enhanced
budgetary discipline and short-term budgetary relief is necessary to


assist the state, and local governments and the taxpayers of both to
facilitate a return to economic stability.

Even while experiencing significant revenue declines and increasing
costs in pensions and health insurance that are largely unavoidable,
both the state and municipalities are locked into multi-year
collective bargaining agreements that require temporarily
unaffordable salary increases. Even if there is no contract currently
in effect, step increases must still be granted due to the Triborough
Amendment. consequently, while private sector employers may avoid
layoffs by freezing salaries, local government employers have no such
option. This legislation would provide the state and its local
governments with the ability to impose a wage freeze for a period of
one year, giving them greater ability to address the fiscal
challenges they are confronting, without having to dramatically
reduce their workforce or curtail essential municipal services.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
Cost savings to New York State and Local Governments.

EFFECTIVE DATE:
This act shall take effect
immediately and shall expire and be deemed repealed one year
after effective date.

2011-S4478 (ACTIVE) - Bill Text download pdf

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

                                  4478

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law and the civil service law,  in
  relation  to  freezing  salary  or  wage increases of employees of the
  state and authorizing municipal corporations to  institute  such  wage
  freezes  for  their  employees;  and  providing for the repeal of such
  provisions upon expiration thereof

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

  Section  1.    Legislative findings and declarations.  The legislature
hereby finds and determines that real property taxes in New  York  state
are  too  high,  and  that the burden that they place upon our citizens,
homeowners and businesses, is making it difficult for New York state  to
thrive, prosper and succeed.
  The  legislature  further  finds  and  determines that the only way to
realistically reduce the real property tax  burden  upon  our  citizens,
homeowners and businesses, is to place a comprehensive approach in state
law  which  controls  costs  and  spending  for  local  governments, and
provides significant mandate relief with respect to their  fiscal  obli-
gations.
  The  legislature  also  finds  and  determines  that real property tax
relief and local government mandate reform must be  achieved  by  estab-
lishing  a  comprehensive  approach to reduce real property taxes across
the state,  controlling  government  costs,  and  providing  significant
mandate relief to local governments.
  The  legislature  also  finds,  determines  and declares that a fiscal
emergency exists in the state of  New  York.  That  the  state's  fiscal
condition,  and that of its municipalities, has been significantly weak-
ened by the impact of the national economic recession. This has led to a
structural  imbalance  between  revenues  and  expenditures  which   has

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10512-01-1

S. 4478                             2

contributed  to New York becoming one of the highest taxed states in the
nation.
  The  legislature  additionally finds, determines and declares that the
state, and many of its municipalities, are in a state of fiscal  crisis,
and  that the welfare of taxpayers in the state is seriously threatened.
As a result, the state, and its municipalities, are experiencing extreme
pressures to  continue  to  provide  adequate  infrastructure  and  core
services  to  their  residents  while  also  ensuring  that taxes remain
affordable.
  The legislature further finds, determines and declares that a combina-
tion of enhanced budgetary discipline and short-term budgetary relief is
necessary to assist the  state,  and  its  municipalities,  as  well  as
taxpayers to facilitate a return to fiscal and economic stability, while
ensuring adequate funding for the provision of essential services.
  S  2.  The general municipal law is amended by adding a new section 25
to read as follows:
  S 25. WAGE FREEZE. 1. NOTWITHSTANDING ANY LAW, RULE OR  REGULATION  TO
THE  CONTRARY,  ANY MUNICIPAL CORPORATION, BY LOCAL LAW OF THE GOVERNING
BODY OF THE MUNICIPAL CORPORATION, MAY FREEZE AND SUSPEND FOR  A  PERIOD
OF NOT MORE THAN ONE YEAR, ALL INCREASES IN SALARY OR WAGES OF EMPLOYEES
OF  THE  MUNICIPAL  CORPORATION, WHICH WOULD OTHERWISE TAKE EFFECT AFTER
THE EFFECTIVE DATE OF THIS SECTION, PURSUANT  TO  COLLECTIVE  BARGAINING
AGREEMENTS,  OTHER  ANALOGOUS  CONTRACTS OR INTEREST ARBITRATION AWARDS,
NOW IN EXISTENCE OR HEREAFTER ENTERED INTO. ADDITIONALLY, ANY  MUNICIPAL
CORPORATION,  BY LOCAL LAW OF THE GOVERNING BODY OF THE MUNICIPAL CORPO-
RATION, MAY FURTHER FREEZE AND SUSPEND FOR A PERIOD OF NOT MORE THAN ONE
YEAR, ALL INCREASED PAYMENTS FOR  HOLIDAY  AND  VACATION  DIFFERENTIALS,
SHIFT  DIFFERENTIALS,  SALARY ADJUSTMENTS ACCORDING TO PLAN AND STEP-UPS
OR INCREMENTS FOR SUCH EMPLOYEES. FOR  THE  PURPOSES  OF  COMPUTING  THE
PENSION  BASE  OF  RETIREMENT  ALLOWANCES,  ANY SUSPENDED SALARY OR WAGE
INCREASES AND ANY OTHER SUSPENDED PAYMENTS SHALL NOT  BE  CONSIDERED  AS
PART OF COMPENSATION OR FINAL COMPENSATION OR OF ANNUAL SALARY EARNED OR
EARNABLE.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
NO RETROACTIVE PAY ADJUSTMENTS OF ANY KIND SHALL ACCRUE OR BE DEEMED  TO
ACCRUE  DURING THE PERIOD OF WAGE FREEZE, AND NO SUCH ADDITIONAL AMOUNTS
SHALL BE PAID AT THE TIME A WAGE FREEZE IS LIFTED, OR AT ANY TIME THERE-
AFTER.
  S 3. The civil service law is amended by adding a new section  137  to
read as follows:
  S  137. WAGE FREEZE. 1. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
THE CONTRARY ALL INCREASES IN SALARY OR WAGES OF EMPLOYEES OF THE STATE,
WHICH WILL TAKE EFFECT AFTER THE EFFECTIVE DATE OF THIS SECTION PURSUANT
TO COLLECTIVE BARGAINING AGREEMENTS, OTHER ANALOGOUS CONTRACTS OR INTER-
EST ARBITRATION AWARDS, NOW IN  EXISTENCE  OR  HEREAFTER  ENTERED  INTO,
REQUIRING  SUCH  SALARY  OR WAGE INCREASES AS OF ANY DATE THEREAFTER ARE
SUSPENDED FOR A PERIOD OF ONE YEAR. FURTHER, ALL INCREASED PAYMENTS  FOR
HOLIDAY  AND VACATION DIFFERENTIALS, SHIFT DIFFERENTIALS, SALARY ADJUST-
MENTS ACCORDING TO PLAN AND STEP-UPS OR INCREMENTS FOR EMPLOYEES OF  THE
STATE  WHICH  WILL  TAKE  EFFECT AFTER THE DATE OF THE ORDER PURSUANT TO
COLLECTIVE BARGAINING AGREEMENTS, OTHER ANALOGOUS CONTRACTS OR  INTEREST
ARBITRATION  AWARDS  REQUIRING  SUCH  INCREASED  PAYMENTS AS OF ANY DATE
THEREAFTER ARE, IN THE SAME MANNER, SUSPENDED FOR A PERIOD OF ONE  YEAR.
FOR THE PURPOSES OF COMPUTING THE PENSION BASE OF RETIREMENT ALLOWANCES,
ANY  SUSPENDED SALARY OR WAGE INCREASES AND ANY OTHER SUSPENDED PAYMENTS

S. 4478                             3

SHALL NOT BE CONSIDERED AS PART OF COMPENSATION OR FINAL COMPENSATION OR
OF ANNUAL SALARY EARNED OR EARNABLE.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
NO RETROACTIVE PAY ADJUSTMENTS OF ANY KIND SHALL ACCRUE OR BE DEEMED  TO
ACCRUE  DURING THE PERIOD OF WAGE FREEZE, AND NO SUCH ADDITIONAL AMOUNTS
SHALL BE PAID AT THE TIME A WAGE FREEZE IS LIFTED, OR AT ANY TIME THERE-
AFTER.
  S 4. Preference of appeals. If any section, part or provision of  this
act  shall be adjudged unconstitutional or invalid or ineffective by any
court of this state, any party in interest shall have a direct appeal as
of right to the court of appeals of the state  of  New  York,  and  such
appeal  shall  have  preference  over all other causes. Service upon the
adverse party of a notice of appeal shall stay the effect of  the  judg-
ment or order appealed from pending the hearing and determination of the
appeal.
  S  5.  This  act shall take effect immediately and shall expire and be
deemed repealed one year after such effective date.

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Senate Bill S4478

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2011-S4478 (ACTIVE) - Details

2011-S4478 (ACTIVE) - Summary

2011-S4478 (ACTIVE) - Sponsor Memo

2011-S4478 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2011-S4478 (ACTIVE) - Details

2011-S4478 (ACTIVE) - Summary

2011-S4478 (ACTIVE) - Sponsor Memo

2011-S4478 (ACTIVE) - Bill Text download pdf

Comments