S4236-2011 Actions

• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Mar 24, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4236-2011 Memo

BILL NUMBER:S4236

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
subdivision 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.
Currently the per diem rate is $171 for every full day in Albany;
this can translate to roughly $36,252 in state spending for each
additional day members of the legislature are in session due to a
late budget.

PRIOR LEGISLATIVE HISTORY:
New Bill.

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.

S4236-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4236

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 24, 2011
                                 ___________

  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
  amended  by section 1 of part M-1 of chapter 407 of the laws of 1999, is
  amended to read as follows:

    2. Each member of the legislature shall receive payment of actual  and
  necessary  transportation expenses and a per diem equivalent to the most
  recent federal per diem rates published by the General Services Adminis-
  tration and set forth in 41 CFR (Code of Federal Regulations) Part  301,
  App.  A, while in travel status in the performance of his or her duties;
  and such other reasonable expenses as may be necessary for the  perform-
  ance  of  the  member's  responsibilities as determined by the temporary
  president of the senate or speaker of the assembly for their  respective
  houses  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.   The per  diem  allow-
  ances,  including partial per diem allowances, shall be made pursuant to
  regulations promulgated by the temporary president of the senate and the
  speaker of the assembly  for  their  respective  houses,  on  audit  and
  warrant  of the comptroller on vouchers approved by the temporary presi-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10070-03-1

 S. 4236                             2

  dent of the senate or his or her designee and the speaker of the  assem-
  bly or his or her designee for their respective houses.
    S 2. This act shall take effect immediately.