NY State Senate Bill 2017-S2054A

Senate Bill S2054A

2017-2018 Legislative Session

Relates to requiring the commission to define "outside active employment" and the types of prohibited income for legislators and requires the commission to issue a report

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
May 22, 2017	print number 5054a
May 22, 2017	amend and recommit to investigations and government operations
Jan 11, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2017-S2054 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislature
Laws Affected:: Amd Part E §§2 & 3, Chap 60 of 2015
Versions Introduced in 2015-2016 Legislative Session:: S6449

2017-S2054 - Summary

Relates to requiring the commission on legislative, judicial and executive compensation to define "outside active employment" and the types of prohibited income for legislators and requires the commission to issue a report on their findings of legislative compensation and prohibited income from outside active employment.

2017-S2054 - Sponsor Memo

                                 BILL NUMBER:  S2054

 TITLE OF BILL :  An act to amend part E of chapter 60 of the laws of
2015, relating to establishing a commission on legislative, judicial
and executive compensation, and providing for the powers and duties of
the commission, in relation to prohibiting compensation from outside
active employment

 PURPOSE OF BILL :

To implement a constitutional prohibition on legislators receiving
outside income from active employment by having the Commission on
Legislative, Judicial and Executive Compensation define "outside
active employment" and the types of prohibited income for members of
the legislature pursuant to Section 6-a of Article 3 of the
Constitution.

 SUMMARY OF PROVISIONS :

Section 1. Amends Section 2 of Part E of Chapter 60 of the laws of
2015 to require the Commission on Legislative, Judicial and Executive
Compensation to define "outside active employment" and the types of
prohibited income for members of the legislature pursuant to Section
6-a of Article 3 of the Constitution.

Section 2. Amends Paragraph 7 of Section 3 of Part E of Chapter 60 of

the laws of 2015 to include the definition of prohibited income from
outside active employment within the report of the Commission on
Legislative, Judicial and Executive Compensation.

Section 3. Effective date.

 JUSTIFICATION :

Numerous government reform organizations throughout New York state
have called for limiting outside income for members of the legislature
in order to restrict the potential for conflicts of interest and
unethical behavior by legislators who are seeking to enrich
themselves. This bill implements the constitutional ban on outside
income from active employment for members of the legislature proposed
by S.6356 of 2016.

 LEGISLATIVE HISTORY :

S.6449 of 2016- Died in Senate Investigation and Government
Operations.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date upon which the people shall approve and ratify amendments to
Article III of the constitution by a majority of the electors voting
thereon, as proposed by legislative bill number S.6356 of 2016.

2017-S2054 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2054
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend part E of chapter 60 of the laws of  2015,  relating  to
   establishing  a  commission  on  legislative,  judicial  and executive
   compensation, and providing for the powers and duties of  the  commis-
   sion,  in  relation  to  prohibiting  compensation from outside active
   employment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2  of  part  E of chapter 60 of the laws of 2015
 relating to establishing a commission on legislative, judicial and exec-
 utive compensation, and providing for  the  powers  and  duties  of  the
 commission is amended to read as follows:
   §  2. 1. On the first of June of every fourth year, commencing June 1,
 [2015] 2016, there shall be established  a  commission  on  legislative,
 judicial and executive compensation to examine, evaluate and make recom-
 mendations  with  respect to adequate levels of compensation and non-sa-
 lary benefits for members of the legislature, judges and justices of the
 state-paid courts of the unified court system, statewide  elected  offi-
 cials, and those state officers referred to in section 169 of the execu-
 tive law.
   2.  (a) In accordance with the provisions of this section, the commis-
 sion shall examine: (1) the prevailing adequacy of pay levels and  other
 non-salary  benefits  received  by members of the legislature, statewide
 elected officials, and those state officers referred to in  section  169
 of the executive law; and
   (2)  the  prevailing  adequacy  of  pay levels and non-salary benefits
 received by the judges and justices of  the  state-paid  courts  of  the
 unified  court  system and housing judges of the civil court of the city
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04645-01-7

 S. 2054                             2
 
 of New York and determine whether any of such pay levels warrant adjust-
 ment; and
   (b)  The  commission  shall determine whether: (1) for any of the four
 years commencing on the first of April of such 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
 and housing judges of the civil court of the city of New York warrant an
 increase; and
   (2)  on  the  first  of January after the November general election at
 which members of the state legislature are elected following the year in
 which the commission is established, and on the first of January follow-
 ing the next such election, the like annual salaries and  allowances  of
 members  of the legislature, and salaries of statewide elected officials
 and state officers referred to in  section  169  of  the  executive  law
 warrant  an increase. ADDITIONALLY, THE COMMISSION SHALL DEFINE "OUTSIDE
 ACTIVE EMPLOYMENT" AND THE TYPES OF PROHIBITED INCOME FOR MEMBERS OF THE
 LEGISLATURE PURSUANT TO SECTION 6-A OF ARTICLE 3 OF THE CONSTITUTION.
   3. In discharging its responsibilities under subdivision two  of  this
 section,  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  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 enterprise; [and] the
 state's ability to fund increases in compensation and  non-salary  bene-
 fits;  AND  THE  DEFINITIONS  OF  INCOME  FROM OUTSIDE ACTIVE EMPLOYMENT
 UTILIZED BY THE UNITED STATES  CONGRESS  AND  OTHER  STATE  LEGISLATURES
 WHERE APPLICABLE.
   §  2.  Paragraph 7 of section 3 of part E of chapter 60 of the laws of
 2015 relating to establishing a commission on legislative, judicial  and
 executive  compensation,  and providing for the powers and duties of the
 commission is amended to read as follows:
   7. The commission shall make a report to the governor, the legislature
 and the chief judge of the state of its findings, conclusions,  determi-
 nations  and recommendations, if any, not later than the thirty-first of
 December of the year in which the commission is established for judicial
 compensation and the  fifteenth  of  November  the  following  year  for
 [legislative  and]  executive  compensation AND LEGISLATIVE COMPENSATION
 AND PROHIBITED INCOME FROM OUTSIDE ACTIVE  EMPLOYMENT.    Any  findings,
 conclusions,  determinations  and  recommendations in the report must be
 adopted by a majority vote of the commission and findings,  conclusions,
 determinations and recommendations with respect to executive [and legis-
 lative]  compensation AND LEGISLATIVE COMPENSATION AND PROHIBITED INCOME
 FROM OUTSIDE ACTIVE EMPLOYMENT shall also be supported by at  least  one
 member appointed by each appointing authority.  Each recommendation made
 to  implement  a determination pursuant to section two of this act shall
 have the force of law, and shall supersede,  where  appropriate,  incon-
 sistent  provisions  of article 7-B of the judiciary law, section 169 of
 the executive law, and sections 5 and 5-a of the legislative law, unless
 modified or abrogated by statute prior to April first of the year as  to
 which  such  determination  applies to judicial compensation and January
 first of the year as to which such determination applies to [legislative
 and] executive compensation AND LEGISLATIVE COMPENSATION AND  PROHIBITED
 INCOME FROM OUTSIDE ACTIVE EMPLOYMENT.

 S. 2054                             3
 
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which the people shall approve and  ratify  amendments
 to  Article III of the constitution by a majority of the electors voting
 thereon, as proposed by legislative bill number S.6356 of 2016.

2017-S2054A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislature
Laws Affected:: Amd Part E §§2 & 3, Chap 60 of 2015
Versions Introduced in 2015-2016 Legislative Session:: S6449

2017-S2054A (ACTIVE) - Summary

2017-S2054A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2054A

 TITLE OF BILL :  An act to amend part E of chapter 60 of the laws of
2015, relating to establishing a commission on legislative, judicial
and executive compensation, and providing for the powers and duties of
the commission, in relation to prohibiting compensation from outside
active employment

 PURPOSE OF BILL :

To implement a constitutional prohibition on legislators receiving
outside income from active employment by having the Commission on
Legislative, Judicial and Executive Compensation define "outside
active employment" and the types of prohibited income for members of
the legislature pursuant to Section 6-a of Article 3 of the
Constitution.

 SUMMARY OF PROVISIONS :

Section 1. Amends Section 2 of Part E of Chapter 60 of the laws of
2015 to require the Commission on Legislative, Judicial and Executive
Compensation to define "outside active employment" and the types of
prohibited income for members of the legislature pursuant to Section
6-a of Article 3 of the Constitution.

Section 2. Amends Paragraph 7 of Section 3 of Part E of Chapter 60 of

the laws of 2015 to include the definition of prohibited income from
outside active employment within the report of the Commission on
Legislative, Judicial and Executive Compensation.

Section 3. Effective date.

 JUSTIFICATION :

Numerous government reform organizations throughout New York state
have called for limiting outside income for members of the legislature
in order to restrict the potential for conflicts of interest and
unethical behavior by legislators who are seeking to enrich
themselves. This bill implements the constitutional ban on outside
income from active employment for members of the legislature proposed
by S.2056 of 2017.

 LEGISLATIVE HISTORY :

S.6449 of 2016- Died in Senate Investigation and Government
Operations.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date upon which the people shall approve and ratify amendments to
Article III of the constitution by a majority of the electors voting
thereon, as proposed by legislative bill number S.2056 of 2017.

2017-S2054A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2054--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend part E of chapter 60 of the laws of 2015, relating to
   establishing a  commission  on  legislative,  judicial  and  executive
   compensation,  and  providing for the powers and duties of the commis-
   sion, in relation to  prohibiting  compensation  from  outside  active
   employment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of part E of chapter  60  of  the  laws  of  2015
 relating to establishing a commission on legislative, judicial and exec-
 utive  compensation,  and  providing  for  the  powers and duties of the
 commission is amended to read as follows:
   § 2. 1. On the first of June of every fourth year, commencing June  1,
 [2015]  2018,  there  shall  be established a commission on legislative,
 judicial and executive compensation to examine, evaluate and make recom-
 mendations with respect to adequate levels of compensation  and  non-sa-
 lary benefits for members of the legislature, judges and justices of the
 state-paid  courts  of the unified court system, statewide elected offi-
 cials, and those state officers referred to in section 169 of the execu-
 tive law.
   2. (a) In accordance with the provisions of this section, the  commis-
 sion  shall examine: (1) the prevailing adequacy of pay levels and other
 non-salary benefits received by members of  the  legislature,  statewide
 elected  officials,  and those state officers referred to in section 169
 of the executive law; and
   (2) the prevailing adequacy of  pay  levels  and  non-salary  benefits
 received  by  the  judges  and  justices of the state-paid courts of the
 unified court system and housing judges of the civil court of  the  city

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

                                                            LBD04645-02-7

 S. 2054--A                          2
 
 of New York and determine whether any of such pay levels warrant adjust-
 ment; and
   (b)  The  commission  shall determine whether: (1) for any of the four
 years commencing on the first of April of such 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
 and housing judges of the civil court of the city of New York warrant an
 increase; and
   (2)  on  the  first  of January after the November general election at
 which members of the state legislature are elected following the year in
 which the commission is established, and on the first of January follow-
 ing the next such election, the like annual salaries and  allowances  of
 members  of the legislature, and salaries of statewide elected officials
 and state officers referred to in  section  169  of  the  executive  law
 warrant  an increase. ADDITIONALLY, THE COMMISSION SHALL DEFINE "OUTSIDE
 ACTIVE EMPLOYMENT" AND THE TYPES OF PROHIBITED INCOME FOR MEMBERS OF THE
 LEGISLATURE PURSUANT TO SECTION 6-A OF ARTICLE 3 OF THE CONSTITUTION.
   3. In discharging its responsibilities under subdivision two  of  this
 section,  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  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 enterprise; [and] the
 state's ability to fund increases in compensation and  non-salary  bene-
 fits;  AND  THE  DEFINITIONS  OF  INCOME  FROM OUTSIDE ACTIVE EMPLOYMENT
 UTILIZED BY THE UNITED STATES  CONGRESS  AND  OTHER  STATE  LEGISLATURES
 WHERE APPLICABLE.
   §  2.  Paragraph 7 of section 3 of part E of chapter 60 of the laws of
 2015 relating to establishing a commission on legislative, judicial  and
 executive  compensation,  and providing for the powers and duties of the
 commission is amended to read as follows:
   7. The commission shall make a report to the governor, the legislature
 and the chief judge of the state of its findings, conclusions,  determi-
 nations  and recommendations, if any, not later than the thirty-first of
 December of the year in which the commission is established for judicial
 compensation and the  fifteenth  of  November  the  following  year  for
 [legislative  and]  executive  compensation AND LEGISLATIVE COMPENSATION
 AND PROHIBITED INCOME FROM OUTSIDE ACTIVE  EMPLOYMENT.    Any  findings,
 conclusions,  determinations  and  recommendations in the report must be
 adopted by a majority vote of the commission and findings,  conclusions,
 determinations and recommendations with respect to executive [and legis-
 lative]  compensation AND LEGISLATIVE COMPENSATION AND PROHIBITED INCOME
 FROM OUTSIDE ACTIVE EMPLOYMENT shall also be supported by at  least  one
 member appointed by each appointing authority.  Each recommendation made
 to  implement  a determination pursuant to section two of this act shall
 have the force of law, and shall supersede,  where  appropriate,  incon-
 sistent  provisions  of article 7-B of the judiciary law, section 169 of
 the executive law, and sections 5 and 5-a of the legislative law, unless
 modified or abrogated by statute prior to April first of the year as  to
 which  such  determination  applies to judicial compensation and January
 first of the year as to which such determination applies to [legislative
 and] executive compensation AND LEGISLATIVE COMPENSATION AND  PROHIBITED
 INCOME FROM OUTSIDE ACTIVE EMPLOYMENT.

 S. 2054--A                          3
 
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which the people shall approve and  ratify  amendments
 to  Article III of the constitution by a majority of the electors voting
 thereon, as proposed by legislative bill number S.2056 of 2017.

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