NY State Senate Bill 2015-S1550A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
Feb 02, 2016	print number 1550a
Feb 02, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jan 13, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2015-S1550 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Amd §5, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4236
2013-2014: S363
2017-2018: S1820
2019-2020: S641
2021-2022: S3970
2023-2024: S4639

2015-S1550 - Summary

Forfeits per diem payments to members of the legislature when the budget is not passed by April 1.

2015-S1550 - Sponsor Memo

                                BILL NUMBER:S1550

TITLE OF BILL:

An act to amend the legislative law, in relation to eliminating per
diem payments to members of the legislature when the legislature has
not passed a budget by the first day of the fiscal year

PURPOSE:

An act to amend the legislative law, in relation to eliminating per
diem payments to members of the legislature when the legislature has
not passed a budget by the first day of the fiscal year.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 5 of the legislative law to
provide that members of the legislature shall permanently forfeit per
diem payments for any days after the first day of the fiscal year in
which the legislature has failed to pass a budget as defined in
subdivision 3 of section 5.

Section 2 relates to the effective date.

JUSTIFICATION:

The New York State Legislature has failed to pass an on time budget on
numerous occasions in recent years. Most recently in 2010 when the
state budget was 125 days late, but additionally in 2004 when the
budget was 133 days late, and 1997 and 1999 when the budget was 126
days late. In addition, from 1985-2010 there have only been 3
occasions when the State Legislature has passed an on time budget.

Late budgets negatively impact many areas of the state, including:
delays in greatly needed infrastructure and development projects,
uncertainty in revenue and spending policy, interruptions in vital
services, and increased expense to New York State taxpayers.

Members of the legislature should not benefit financially from late
budgets, and the taxpayers should not have to bare any additional
expenses from late budgets. To help rectify this problem, legislators
should not be eligible for per diem payments for any days in which the
state budget is late. This would prevent any personal financial gain
for members of the legislature during a late budget process.
Currently the per diem rate is $171 for every full day in Albany; this
can translate to roughly $36,252 in state spending for each additional
day members of the legislature are in session due to a late budget.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.4236 Referred to Investigations and Government Operations
2013-14: S.363 Referred to Investigations and Government Operations

FISCAL IMPLICATIONS FOR THE STATE:

None when the budget is passed on time. However, there would be a cost
savings to the state in the event that the budget is late.


EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1550 - Bill Text download pdf

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

                                  1550

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the legislative law, in relation to eliminating per diem
  payments to members of the legislature when the  legislature  has  not
  passed a budget by the first day of the fiscal year

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

  Section 1. Subdivision 2 of section  5  of  the  legislative  law,  as
amended  by section 1 of part M-1 of chapter 407 of the laws of 1999, is
amended to read as follows:
  2. Each member of the legislature shall receive payment of actual  and
necessary  transportation expenses and a per diem equivalent to the most
recent federal per diem rates published by the General Services Adminis-
tration and set forth in 41 CFR (Code of Federal Regulations) Part  301,
App.  A, while in travel status in the performance of his or her duties;
and such other reasonable expenses as may be necessary for the  perform-
ance  of  the  member's  responsibilities as determined by the temporary
president of the senate or speaker of the assembly for their  respective
houses  PROVIDED, HOWEVER, THAT IF LEGISLATIVE PASSAGE OF THE BUDGET, AS
DEFINED IN SUBDIVISION THREE OF THIS SECTION, HAS NOT OCCURRED PRIOR  TO
THE  FIRST DAY OF ANY FISCAL YEAR, ANY SUCH PER DIEM PAYMENTS TO BE PAID
ON OR AFTER SUCH DAY SHALL BE PERMANENTLY FORFEITED BY SUCH MEMBERS FROM
THE FIRST DAY OF THE FISCAL YEAR UNTIL  THE  DAY  THAT  THE  LEGISLATURE
PASSES  THE  BUDGET.  MEMBERS  SHALL  BE  ELIGIBLE  TO  RECEIVE PER DIEM
PAYMENTS FOR ANY DAYS WORKED AFTER SUCH PASSAGE.   The per  diem  allow-
ances,  including partial per diem allowances, shall be made pursuant to
regulations promulgated by the temporary president of the senate and the
speaker of the assembly  for  their  respective  houses,  on  audit  and
warrant  of the comptroller on vouchers approved by the temporary presi-
dent of the senate or his or her designee and the speaker of the  assem-
bly or his or her designee for their respective houses.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03193-01-5

2015-S1550A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Amd §5, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4236
2013-2014: S363
2017-2018: S1820
2019-2020: S641
2021-2022: S3970
2023-2024: S4639

2015-S1550A (ACTIVE) - Summary

Forfeits per diem payments to members of the legislature when the budget is not passed by April 1.

2015-S1550A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1550A

 TITLE OF BILL :  An act to amend the legislative law, in relation to
eliminating per diem payments to members of the legislature when the
legislature has not passed a budget by the first day of the fiscal
year

 PURPOSE :

An act to amend the legislative law, in relation to eliminating per
diem payments to members of the legislature when the legislature has
not passed a budget by the first day of the fiscal year.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 2 of section 5 of the legislative law to
provide that members of the legislature shall permanently forfeit per
diem payments for any days after the first day of the fiscal year in
which the legislature has failed to pass a budget as defined in
subdivision 3 of section 5.

Section 2 relates to the effective date.

 JUSTIFICATION :

The New York State Legislature has failed to pass an on time budget on

numerous occasions in recent years. Most recently in 2010 when the
state budget was 125 days late, but additionally in 2004 when the
budget was 133 days late, and 1997 and 1999 when the budget was 126
days late. In addition, from 1985-2010 there have only been 3
occasions when the State Legislature has passed an on time budget.

Late budgets negatively impact many areas of the state, including:
delays in greatly needed infrastructure and development projects,
uncertainty in revenue and spending policy, interruptions in vital
services, and increased expense to New York State taxpayers.

Members of the legislature should not benefit financially from late
budgets, and the taxpayers should not have to bare any additional
expenses from late budgets. To help rectify this problem, legislators
should not be eligible for per diem payments for any days in which the
state budget is late. This would prevent any personal financial gain
for members of the legislature during a late budget process.

 PRIOR LEGISLATIVE HISTORY :

2011-12: S.4236 Referred to Investigations and Government Operations
2013-14: S.363 Referred to Investigations and Government Operations

 FISCAL IMPLICATIONS FOR THE STATE :

None when the budget is passed on time. However, there would be a cost
savings to the state in the event that the budget is late.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S1550A (ACTIVE) - Bill Text download pdf

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

                                 1550--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the legislative law, in relation to eliminating per diem
  payments  to  members  of the legislature when the legislature has not
  passed a budget by the first day of the fiscal year

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

  Section 1. Subdivision 2 of section 5 of the legislative law, as added
by section 7 of part CC of chapter 56 of the laws of 2015, is amended to
read as follows:
  2.  (a)  Each  member of the legislature, upon verification of attend-
ance, which shall be by electronic  verification  when  practicable,  in
compliance  with  the  policies set forth by the speaker of the assembly
and the temporary president of the senate for their  respective  bodies,
shall  be  eligible  to  receive  payment of actual and necessary travel
expenses and a per diem equivalent to the most recent federal  per  diem
rates  published  by the general services administration as set forth in
41 CFR (Code of Federal Regulations) Part 301, App. A, for the  time  in
which  the  member was in travel status in the performance of his or her
duties during the months in which the legislature is scheduled to be  in
regular  session,  PROVIDED, HOWEVER, THAT IF LEGISLATIVE PASSAGE OF THE
BUDGET, AS DEFINED  IN  SUBDIVISION  THREE  OF  THIS  SECTION,  HAS  NOT
OCCURRED  PRIOR  TO  THE FIRST DAY OF ANY FISCAL YEAR, ANY SUCH PER DIEM
PAYMENTS TO BE PAID ON OR AFTER SUCH DAY SHALL BE PERMANENTLY  FORFEITED
BY SUCH MEMBERS FROM THE FIRST DAY OF THE FISCAL YEAR UNTIL THE DAY THAT
THE  LEGISLATURE PASSES THE BUDGET. MEMBERS SHALL BE ELIGIBLE TO RECEIVE
PER DIEM PAYMENTS FOR ANY DAYS WORKED AFTER SUCH PASSAGE.    During  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03193-02-6

S. 1550--A                          2

months  when  the legislature is not scheduled to be in regular session,
members shall receive such actual and necessary travel expenses and  per
diems, in compliance with verification policies and in accord with stan-
dards and limits for reimbursable events set forth by the speaker of the
assembly  and the temporary president of the senate for their respective
bodies. The per diem allowances including partial  per  diem  allowances
shall  be  made  on  audit  and  warrant  of the comptroller on vouchers
approved by the temporary president of the senate or his or her designee
and speaker of the assembly or his or her designee for their  respective
houses.
  (b)  Each  house shall make available on its website all documentation
otherwise available to the public pursuant to  section  eighty-eight  of
the  public  officers  law related to the payment of travel expenses and
per diems.
  S 2. This act shall take effect immediately.

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Senate Bill S1550A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2015-S1550 - Details

2015-S1550 - Summary

2015-S1550 - Sponsor Memo

2015-S1550 - Bill Text download pdf

2015-S1550A (ACTIVE) - Details

2015-S1550A (ACTIVE) - Summary

2015-S1550A (ACTIVE) - Sponsor Memo

2015-S1550A (ACTIVE) - Bill Text download pdf

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2015-S1550 - Details

2015-S1550 - Summary

2015-S1550 - Sponsor Memo

2015-S1550 - Bill Text download pdf

2015-S1550A (ACTIVE) - Details

2015-S1550A (ACTIVE) - Summary

2015-S1550A (ACTIVE) - Sponsor Memo

2015-S1550A (ACTIVE) - Bill Text download pdf

Comments