NY State Senate Bill 2023-S4639

Archive: Last Bill Status - Stricken

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
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to investigations and government operations
Feb 13, 2023	referred to investigations and government operations

2023-S4639 (ACTIVE) - Details

Law Section:: Legislative Law
Laws Affected:: Amd §5, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4236
2013-2014: S363
2015-2016: S1550
2017-2018: S1820
2019-2020: S641
2021-2022: S3970

2023-S4639 (ACTIVE) - Summary

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

2023-S4639 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4639

SPONSOR: KENNEDY
 
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 subdivi-
sion 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

2015-16: S.1550 Referred to Investigations and Government Operations

2017-18: S.1820 Referred to Investigations and Government Operations

2019-20: S.641 Referred to Investigations and Government Operations

2021-22: S.3970 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.

2023-S4639 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4639
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 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 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09246-01-3

 S. 4639                             2
 
 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.
   § 2. This act shall take effect immediately.

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Senate Bill S4639

Sponsored By

Archive: Last Bill Status - Stricken

2023-S4639 (ACTIVE) - Details

2023-S4639 (ACTIVE) - Summary

2023-S4639 (ACTIVE) - Sponsor Memo

2023-S4639 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4639

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - Stricken

2023-S4639 (ACTIVE) - Details

2023-S4639 (ACTIVE) - Summary

2023-S4639 (ACTIVE) - Sponsor Memo

2023-S4639 (ACTIVE) - Bill Text download pdf

Comments