What's happening
This bill penalizes New York legislators and the governor financially for each day the state budget is late, directing the funds to a children and family trust fund.
Why it matters
Creates a direct financial consequence for legislative leaders and rank-and-file members, as well as the governor, personally tying their compensation to timely passage of the state budget. This could increase political pressure and public accountability for meeting budget deadlines.
Specifies that the money deducted from officials’ paychecks is not simply returned to the state’s general fund, but is earmarked for the William B. Hoyt Memorial Children and Family Trust Fund. This ensures the penalties tangibly benefit social services for children and families, rather than being absorbed elsewhere in the budget.
Prevents the state from using these penalty funds as a substitute for regular appropriations to the children and family fund, requiring that the money be supplemental. This design avoids the risk that the legislature might offset penalty payments by reducing other funding for these services.
Applies a proportional, daily penalty for each day the budget is late, which could create ongoing incentive for prompt action and discourage protracted delays in budget negotiations. This continuous financial impact could affect legislative and executive decision-making during budget impasses.
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Who cares
Headline styles
Fine Officials for Late Budgets
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4353
2017-2018 Regular Sessions
IN SENATE
February 10, 2017
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 governor for failure to enact a timely state budget
The People of the State of New York, represented in Senate and Assembly, 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.
§ 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 government, 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 operation of paragraph (a) of this subdivision from the state purposes
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06368-01-7
S. 4353 2
account in the general fund to the William B. Hoyt Memorial children and family trust fund established pursuant to section four hundred eightyone-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.
§ 3. The executive law is amended by adding a new section 13 to read as follows:
§ 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 reappropriations for the support of government, constituting the state budget, the governor shall be penalized in an amount equal to one hundred seventynine 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 operation 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.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 comptroller 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 failure to enact a state budget within the April 1 deadline, will not include members of the Legislature and the Governor.
Justification
In past years the State Legislature 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
New Bill
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.