-  This bill is not active in this session.
 

S07496 Summary:

BILL NOS07496
 
SAME ASSAME AS A07654
 
SPONSORBAILEY
 
COSPNSRLIU, SEPULVEDA, STAVISKY
 
MLTSPNSR
 
 
Authorizes the office of court administration to pay certain judicial compensation to certain supreme court and appellate division justices for the period January 1, 2021 to June 14, 2021.
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S07496 Actions:

BILL NOS07496
 
05/31/2023REFERRED TO JUDICIARY
06/07/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/07/2023ORDERED TO THIRD READING CAL.1723
06/07/2023PASSED SENATE
06/07/2023DELIVERED TO ASSEMBLY
06/07/2023referred to judiciary
06/09/2023substituted for a7654
06/09/2023ordered to third reading rules cal.784
06/09/2023passed assembly
06/09/2023returned to senate
06/23/2023DELIVERED TO GOVERNOR
06/30/2023SIGNED CHAP.185
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S07496 Committee Votes:

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S07496 Floor Votes:

DATE:06/09/2023Assembly Vote  YEA/NAY: 135/11
Yes
Alvarez
Yes
Carroll
Yes
Flood
Yes
Kim
Yes
Palmesano
Yes
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
Yes
Slater
Yes
Angelino
Yes
Chang
No
Friend
Yes
Lee
Yes
Peoples-Stokes
Yes
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
No
Lemondes
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
Yes
Colton
Yes
Gallahan
Yes
Levenberg
Yes
Pirozzolo
Yes
Solages
Yes
Barclay
Yes
Conrad
Yes ‡
Gandolfo
Yes ‡
Lucas
Yes
Pretlow
Yes
Steck
Yes
Barrett
Yes
Cook
Yes
Gibbs
Yes
Lunsford
No
Ra
Yes
Stern
Yes
Beephan
Yes
Cruz
Yes
Giglio JA
Yes
Lupardo
Yes
Raga
Yes
Stirpe
Yes
Bendett
Yes
Cunningham
No
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
No
Tague
Yes
Benedetto
Yes
Curran
Yes
Glick
Yes
Maher
Yes
Ramos
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Tapia
Yes
Blankenbush
Yes
Davila
No
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Taylor
Yes
Blumencranz
Yes
De Los Santos
Yes
Gray
Yes
McDonald
Yes
Rivera
Yes
Thiele
Yes
Bores
Yes
DeStefano
Yes
Gunther
Yes ‡
McDonough
ER
Rosenthal D
Yes
Vanel
Yes
Brabenec
Yes ‡
Dickens
No
Hawley
Yes
McGowan
Yes
Rosenthal L
Yes
Walker
Yes
Braunstein
No
Dilan
Yes ‡
Hevesi
Yes
McMahon
ER
Rozic
Yes
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Meeks
Yes
Santabarbara
Yes
Walsh
Yes
Brook-Krasny
No
DiPietro
Yes
Hyndman
Yes
Mikulin
Yes
Sayegh
Yes
Weinstein
Yes
Brown E
Yes
Durso
Yes
Jackson
Yes
Miller
Yes
Seawright
Yes
Weprin
ER
Brown K
Yes
Eachus
Yes
Jacobson
Yes
Mitaynes
Yes
Septimo
Yes
Williams
Yes
Burdick
ER
Eichenstein
Yes
Jean-Pierre
Yes
Morinello
Yes
Shimsky
Yes
Woerner
Yes
Burgos
Yes
Epstein
Yes
Jensen
Yes
Norris
Yes
Shrestha
Yes
Zaccaro
Yes
Burke
Yes
Fahy
Yes
Jones
Yes
Novakhov
Yes
Sillitti
Yes
Zebrowski
Yes
Buttenschon
Yes
Fall
Yes
Joyner
Yes ‡
O'Donnell
Yes
Simon
Yes
Zinerman
No
Byrnes
No
Fitzpatrick
Yes
Kelles
Yes
Otis
Yes
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S07496 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7496
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 31, 2023
                                       ___________
 
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN ACT to authorize the office of court administration  to  pay  certain
          judicial compensation
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The legislature finds and declares the following:
     2    Under New York state law, supreme court justices must retire on Decem-
     3  ber 31 of the year that they turn 70, unless they request permission  to
     4  continue  to  serve  an  additional  six years, in three two-year terms,
     5  until the age of 76, under a process called certification.  Until  2020,
     6  justices  were routinely granted certification. In September 2020, 46 of
     7  the 49 supreme court and  appellate  court  justices  who  applied  were
     8  denied  certification  by  the  office  of court administration based on
     9  potential future budget cuts that never materialized, despite an  actual
    10  need  for  the  services  of  those  justices. The justices who had been
    11  denied certification were permitted to reapply in April 2021,  but  were
    12  not  permitted  to resume their service as justices until June 15, 2021.
    13  15 of the justices denied certification continue to serve the people  of
    14  New  York as supreme court justices or appellate division justices. As a
    15  result of that denial of certification, those justices were deprived  of
    16  salaries  they  otherwise  would  have  been  paid for five and one-half
    17  months, for the period from January 1, 2021 to June 14, 2021, as well as
    18  the concomitant pension credit for that period. Those justices who  took
    19  their  pensions  during  that period and continue to work as of June 15,
    20  2023, will be required to repay the New York state and local  employees'
    21  retirement system the full amount of the pension payments received, with
    22  interest.  In  2021  the  legislature  allocated monies to the office of
    23  court administration to make those 15 justices whole.
    24    This body is in agreement with the  office  of  court  administration,
    25  that  in  the interest of fairness, and for the purpose of remedying the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11644-01-3

        S. 7496                             2
 
     1  injury to those justices who were, through no fault of their own, denied
     2  their compensation and the opportunity to continue to serve  the  people
     3  of  the  state  of New York, those justices should be made whole, to the
     4  extent possible, in terms of their salary and their pensions.
     5    §  2.  Notwithstanding any other provision of law, rule or regulation,
     6  the office of court administration  is  authorized  to  pay  to  fifteen
     7  supreme  court  justices  and  appellate  division  justices,  who  were
     8  initially denied certification in September 2020 but resumed service  in
     9  June  2021,  the  salaries they would have earned during the period from
    10  January 1, 2021 to June 14, 2021. In the event that  any  such  justices
    11  worked  full-  or part-time during the period of January 1, 2021 to June
    12  15, 2021, outside earnings from such employment shall be  deducted  from
    13  the  amount  payable  as judicial compensation, so that his or her total
    14  wages shall not exceed the amount that such justice would have earned as
    15  wages from New York state during that period. The office of court admin-
    16  istration is also authorized to pay to the  New  York  state  and  local
    17  employees'  retirement  system  the amount that would have been deducted
    18  and paid to such retirement system for the  pension  credit  accrued  by
    19  each  justice during that period. All such payments shall be made out of
    20  moneys appropriated therefor. The New York state  and  local  employees'
    21  retirement system is authorized to reinstate the fifteen justices to the
    22  retirement  system  for  that  period nunc pro tunc, and to adjust their
    23  seniority and credit accordingly. The comptroller is authorized to waive
    24  the payment of interest by any of the fifteen justices who took  his  or
    25  her pension during the period from January 1, 2021 to June 14, 2021, and
    26  is now required to repay it.
    27    § 3. This act shall take effect immediately.
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