S T A T E O F N E W Y O R K
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2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
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Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02639-01-5
A. 3333 2
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
FUND AND SHALL NOT BE USED TO OFFSET OTHER ANNUAL APPROPRIATIONS MADE TO
THE DEPARTMENT OF FAMILY ASSISTANCE FOR PURPOSES OF ARTICLE TEN-A OF THE
SOCIAL SERVICES LAW.
S 3. The executive law is amended by adding a new section 13 to read
as follows:
S 13. COMPENSATION OF THE GOVERNOR. (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 REAPPROPRI-
ATIONS FOR THE SUPPORT OF GOVERNMENT, CONSTITUTING THE STATE BUDGET, THE
GOVERNOR SHALL BE PENALIZED IN AN AMOUNT EQUAL TO ONE HUNDRED
SEVENTY-NINE THOUSAND DOLLARS MULTIPLIED BY A FRACTION THE NUMERATOR OF
WHICH IS TWO 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 LEGISLATURE.
(B) THE COMPTROLLER SHALL TRANSFER ANY FUNDS RESULTING FROM THE OPERA-
TION OF SUBDIVISION (A) OF THIS SECTION 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 FUND AND SHALL
NOT BE USED TO OFFSET OTHER ANNUAL APPROPRIATIONS MADE TO THE DEPARTMENT
OF FAMILY ASSISTANCE FOR PURPOSES OF ARTICLE TEN-A OF THE SOCIAL
SERVICES LAW.
S 4. This act shall take effect immediately.