Bill Text: NY S02054 | 2017-2018 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02054 Detail]

Download: New_York-2017-S02054-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2054--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    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:
     1    Section 1. Section 2 of part E of chapter  60  of  the  laws  of  2015
     2  relating to establishing a commission on legislative, judicial and exec-
     3  utive  compensation,  and  providing  for  the  powers and duties of the
     4  commission is amended to read as follows:
     5    § 2. 1. On the first of June of every fourth year, commencing June  1,
     6  [2015]  2018,  there  shall  be established a commission on legislative,
     7  judicial and executive compensation to examine, evaluate and make recom-
     8  mendations with respect to adequate levels of compensation  and  non-sa-
     9  lary benefits for members of the legislature, judges and justices of the
    10  state-paid  courts  of the unified court system, statewide elected offi-
    11  cials, and those state officers referred to in section 169 of the execu-
    12  tive law.
    13    2. (a) In accordance with the provisions of this section, the  commis-
    14  sion  shall examine: (1) the prevailing adequacy of pay levels and other
    15  non-salary benefits received by members of  the  legislature,  statewide
    16  elected  officials,  and those state officers referred to in section 169
    17  of the executive law; and
    18    (2) the prevailing adequacy of  pay  levels  and  non-salary  benefits
    19  received  by  the  judges  and  justices of the state-paid courts of the
    20  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
     1  of New York and determine whether any of such pay levels warrant adjust-
     2  ment; and
     3    (b)  The  commission  shall determine whether: (1) for any of the four
     4  years commencing on the first of April of such years, following the year
     5  in which the commission is established,  the  annual  salaries  for  the
     6  judges and justices of the state-paid courts of the unified court system
     7  and housing judges of the civil court of the city of New York warrant an
     8  increase; and
     9    (2)  on  the  first  of January after the November general election at
    10  which members of the state legislature are elected following the year in
    11  which the commission is established, and on the first of January follow-
    12  ing the next such election, the like annual salaries and  allowances  of
    13  members  of the legislature, and salaries of statewide elected officials
    14  and state officers referred to in  section  169  of  the  executive  law
    15  warrant  an increase. Additionally, the commission shall define "outside
    16  active employment" and the types of prohibited income for members of the
    17  legislature pursuant to section 6-a of article 3 of the constitution.
    18    3. In discharging its responsibilities under subdivision two  of  this
    19  section,  the commission shall take into account all appropriate factors
    20  including, but not limited to: the overall economic  climate;  rates  of
    21  inflation; changes in public-sector spending; the levels of compensation
    22  and  non-salary  benefits  received  by  executive  branch officials and
    23  legislators of other states and of the federal government; the levels of
    24  compensation  and  non-salary  benefits  received  by  professionals  in
    25  government,  academia  and  private  and nonprofit enterprise; [and] the
    26  state's ability to fund increases in compensation and  non-salary  bene-
    27  fits;  and  the  definitions  of  income  from outside active employment
    28  utilized by the United States  Congress  and  other  state  legislatures
    29  where applicable.
    30    §  2.  Paragraph 7 of section 3 of part E of chapter 60 of the laws of
    31  2015 relating to establishing a commission on legislative, judicial  and
    32  executive  compensation,  and providing for the powers and duties of the
    33  commission is amended to read as follows:
    34    7. The commission shall make a report to the governor, the legislature
    35  and the chief judge of the state of its findings, conclusions,  determi-
    36  nations  and recommendations, if any, not later than the thirty-first of
    37  December of the year in which the commission is established for judicial
    38  compensation and the  fifteenth  of  November  the  following  year  for
    39  [legislative  and]  executive  compensation and legislative compensation
    40  and prohibited income from outside active  employment.    Any  findings,
    41  conclusions,  determinations  and  recommendations in the report must be
    42  adopted by a majority vote of the commission and findings,  conclusions,
    43  determinations and recommendations with respect to executive [and legis-
    44  lative]  compensation and legislative compensation and prohibited income
    45  from outside active employment shall also be supported by at  least  one
    46  member appointed by each appointing authority.  Each recommendation made
    47  to  implement  a determination pursuant to section two of this act shall
    48  have the force of law, and shall supersede,  where  appropriate,  incon-
    49  sistent  provisions  of article 7-B of the judiciary law, section 169 of
    50  the executive law, and sections 5 and 5-a of the legislative law, unless
    51  modified or abrogated by statute prior to April first of the year as  to
    52  which  such  determination  applies to judicial compensation and January
    53  first of the year as to which such determination applies to [legislative
    54  and] executive compensation and legislative compensation and  prohibited
    55  income from outside active employment.
        S. 2054--A                          3
     1    §  3. This act shall take effect on the first of January next succeed-
     2  ing the date upon which the people shall approve and  ratify  amendments
     3  to  Article III of the constitution by a majority of the electors voting
     4  thereon, as proposed by legislative bill number S.2056 of 2017.