Bill Text: NY A01615 | 2011-2012 | General Assembly | Introduced
Bill Title: Imposes a penalty equal to one day's salary upon members of the legislature, the governor, the lieutenant governor and the comptroller for each day the budget is delayed beyond April first of each year.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-05-01 - held for consideration in governmental operations [A01615 Detail]
Download: New_York-2011-A01615-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1615
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law and the executive law, in relation
to the forfeiture of salary by members of the legislature, the gover-
nor, the lieutenant governor, and the comptroller upon failure to
enact a state budget by April first
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The section heading of section 5 of the legislative law, as
2 amended by chapter 141 of the laws of 1994, is amended to read as
3 follows:
4 Compensation of members; PENALTY FOR FAILURE TO ENACT BUDGET BILLS.
5 S 2. Section 5 of the legislative law is amended by adding a new
6 subdivision 2-a to read as follows:
7 2-A. IN ANY YEAR WHERE PRIOR TO APRIL FIRST, THE LEGISLATURE FAILS TO
8 PASS THOSE BILLS, WITH OR WITHOUT AMENDMENTS, SUBMITTED TO IT BY THE
9 GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE SEVEN OF THE CONSTITUTION
10 MAKING APPROPRIATIONS AND REAPPROPRIATIONS FOR THE SUPPORT OF GOVERN-
11 MENT, CONSTITUTING THE EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET,
12 PUBLIC PROTECTION AND GENERAL GOVERNMENT BUDGET, LEGISLATURE AND JUDICI-
13 ARY BUDGET, TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL
14 CONSERVATION BUDGET, HEALTH AND MENTAL HYGIENE BUDGET AND DEBT SERVICE
15 BUDGET, EACH MEMBER OF THE LEGISLATURE SHALL BE PENALIZED IN AN AMOUNT
16 EQUAL TO THE ANNUAL SALARY PAYABLE TO A MEMBER OF THE LEGISLATURE MULTI-
17 PLIED BY A FRACTION THE NUMERATOR OF WHICH IS ONE AND THE DENOMINATOR OF
18 WHICH IS THREE HUNDRED SIXTY-FIVE FOR EACH DAY DURING THE PERIOD BEGIN-
19 NING WITH APRIL FIRST AND ENDING ON THE DAY THE LAST OF SUCH BILLS IS
20 PASSED BY THE LEGISLATURE.
21 S 3. The executive law is amended by adding a new section 13 to read
22 as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01452-01-1
A. 1615 2
1 S 13. COMPENSATION OF THE GOVERNOR AND THE LIEUTENANT GOVERNOR. IN ANY
2 YEAR WHERE PRIOR TO APRIL FIRST, THE LEGISLATURE FAILS TO PASS THOSE
3 BILLS, WITH OR WITHOUT AMENDMENTS, SUBMITTED TO IT BY THE GOVERNOR
4 PURSUANT TO SECTION THREE OF ARTICLE SEVEN OF THE CONSTITUTION MAKING
5 APPROPRIATIONS AND REAPPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT,
6 CONSTITUTING THE EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET, PUBLIC
7 PROTECTION AND GENERAL GOVERNMENT BUDGET, LEGISLATURE AND JUDICIARY
8 BUDGET, TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVA-
9 TION BUDGET, HEALTH AND MENTAL HYGIENE BUDGET AND DEBT SERVICE BUDGET,
10 THE GOVERNOR AND THE LIEUTENANT GOVERNOR SHALL BE PENALIZED IN AN AMOUNT
11 EQUAL TO THE ANNUAL SALARY THEN PAYABLE TO THEM RESPECTIVELY MULTIPLIED
12 BY A FRACTION THE NUMERATOR OF WHICH IS ONE AND THE DENOMINATOR OF WHICH
13 IS THREE HUNDRED SIXTY-FIVE FOR EACH DAY DURING THE PERIOD BEGINNING
14 WITH APRIL FIRST AND ENDING ON THE DAY THE LAST OF SUCH BILLS IS PASSED
15 BY THE LEGISLATURE.
16 S 4. Section 40 of the executive law, subdivision 1 as amended by
17 chapter 630 of the laws of 1998, is amended to read as follows:
18 S 40. Department of audit and control; comptroller. There shall
19 continue to be in the state government a department of audit and
20 control.
21 1. The head of the department of audit and control shall be the comp-
22 troller. He shall be paid an annual salary of one hundred fifty-one
23 thousand five hundred dollars.
24 2. IN ANY YEAR WHERE PRIOR TO APRIL FIRST, THE LEGISLATURE FAILS TO
25 PASS THOSE BILLS, WITH OR WITHOUT AMENDMENTS, SUBMITTED TO IT BY THE
26 GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE SEVEN OF THE CONSTITUTION
27 MAKING APPROPRIATIONS AND REAPPROPRIATIONS FOR THE SUPPORT OF GOVERN-
28 MENT, CONSTITUTING THE EDUCATION, LABOR AND FAMILY ASSISTANCE BUDGET,
29 PUBLIC PROTECTION AND GENERAL GOVERNMENT BUDGET, LEGISLATURE AND JUDICI-
30 ARY BUDGET, TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL
31 CONSERVATION BUDGET, HEALTH AND MENTAL HYGIENE BUDGET AND DEBT SERVICE
32 BUDGET, THE COMPTROLLER SHALL BE PENALIZED IN AN AMOUNT EQUAL TO THE
33 ANNUAL SALARY PAYABLE TO THE COMPTROLLER MULTIPLIED BY A FRACTION THE
34 NUMERATOR OF WHICH IS ONE AND THE DENOMINATOR OF WHICH IS THREE HUNDRED
35 SIXTY-FIVE FOR EACH DAY DURING THE PERIOD BEGINNING WITH APRIL FIRST AND
36 ENDING ON THE DAY THE LAST OF SUCH BILLS IS PASSED BY THE LEGISLATURE.
37 3. The organization of the department of audit and control is contin-
38 ued until changed by or pursuant to law. The comptroller may establish
39 such divisions, bureaus, sections and units in the department as he may
40 deem necessary and may consolidate, alter or abolish any of them.
41 [3.] 4. The functions of the comptroller, and his powers and duties
42 pertaining thereto, shall be exercised and performed in the department
43 of audit and control by the comptroller and by such divisions, bureaus,
44 sections, units and officers in the department as he may designate.
45 S 5. This act shall take effect immediately.
