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Sponsors
3 Co-sponsors
History
- Referred to governmental operations
Full text
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Sponsor's memo
BILL NUMBER:A10366
Title of bill
An act to amend the legislative law and the executive law, in relation to assessing a penalty upon members of the legislature and the governor for failure to enact a timely state budget
Purpose or general idea of bill
To provide an incentive for passing the state budget by the April 1 deadline and to prevent lawmakers who are penalized for failing to pass a budget on time from recovering parts of their salary. Under the current provisions of the State Constitution, the salary of lawmakers is specified. This would change the constitution to allow penalties to be imposed.
Summary of specific provisions
Provides a financial penalty on members of the state legislature and the governor, Lt. governor, and comp- troller for failure to enact a timely state budget. Each member of the State Senate and Assembly, as well as the Governor will forfeit one day's pro-rate salary for each day the budget is not enacted after the April 1 deadline, until the last of the budget bills is passed by the legislature. This amendment will supersede the provisions of the State Constitution which specify the salary of lawmakers who may be penalized. All monies withheld shall be placed in the New York State Children and Families Trust Fund.
Effects of present law which this bill would alter
The emergency extender legislation passed in order to pay state employees after fail- ure to enact a state budget within the April 1 deadline, will not include members of the Legislature and the Governor.
Justification
In the past seven of the last nine years the State Legis- lature and the Governor have failed to pass the state budget by the April 1 deadline. The Executive Budget is proposed in January allowing sufficient time for members to reach agreement by April 1. Failure to meet this deadline is costly to New York State and localities, and should result in a financial penalty for legislative members and the Governor. Further, lawmakers should have no right to sue, under the state constitution, to recover the portion of their salaries which they have lost due to such a penalty.
Prior legislative history
2008: A.4848; Held for consideration in Governmental Operations 2007: A.4848; Referred to Governmental Operations 2006: A.2698; Referred to Governmental Operations 2005: A.2698; Held for consideration in Governmental Operations 2004: A.2217; Held for consideration for Governmental Operations 2003: A.2217; Referred to Governmental Operations 2002: A.3371; Held for consideration for Governmental Operations 2001: A.3371; Referred to Governmental Operations 2000: A.2920; Held for consideration for Governmental Operations 1999: A.2920; Referred to Governmental Operations 1998: A.3325; Held for consideration for Governmental Operations
1997: A.3325; Referred to Governmental Operations 1996: A.2214; Held for consideration for Governmental Operations 1995: A.2214; Referred to Governmental Operations 1994: A.8372; Referred to Governmental Operations 1993: A.8372; Held for consideration for Governmental Operations
Fiscal implications for state and local governments
Benefits to the Children and Family Trust Fund resulting from this legislation shall not be used to offset any annual appropriations made to the Department of Social Services.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.