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S68010 Summary:

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S68010 Floor Votes:

S68010 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           10
 
                               Third Extraordinary Session
 
                    IN SENATE
 
                                    November 29, 2010
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Rules
 
        AN ACT in relation to establishing a special commission on compensation,
          and providing for their powers and duties;  and  to  provide  periodic
          salary increases to state officers
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. (a) On the first of April of every fourth year,  commencing
     2  April  1, 2011, there shall be established for such year a commission on
     3  judicial compensation to examine, evaluate and make recommendations with
     4  respect to adequate levels of compensation and non-salary  benefits  for
     5  judges  and  justices  of  the  state-paid  courts  of the unified court
     6  system.  In accordance with the provisions of this section, the  commis-
     7  sion shall:
     8    (i) examine the prevailing adequacy of pay levels and non-salary bene-
     9  fits received by the judges and justices of the state-paid courts of the
    10  unified  court  system and housing judges of the civil court of the city
    11  of New York and determine whether any of such pay levels warrant adjust-
    12  ment; and

    13    (ii) determine whether, for any of the four years  commencing  on  the
    14  first of April of such years, following the year in which the commission
    15  is  established,  the annual salaries for the judges and justices of the
    16  state-paid courts of the unified court system and housing judges of  the
    17  civil court of the city of New York warrant adjustment.
    18    In  discharging  its responsibilities under paragraphs (i) and (ii) of
    19  this subdivision, the commission shall take into account all appropriate
    20  factors including, but not limited to:  the  overall  economic  climate;
    21  rates  of  inflation;  changes  in public-sector spending; the levels of
    22  compensation and  non-salary  benefits  received  by  judges,  executive
    23  branch  officials  and  legislators  of  other states and of the federal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD12081-06-0
        S. 10                               2
 
     1  government; the levels of compensation and non-salary benefits  received
     2  by  professionals  in  government,  academia  and  private and nonprofit
     3  enterprise; and the state's ability to fund  increases  in  compensation
     4  and non-salary benefits.
     5    (b)  The  commission  shall  consist  of  7 members to be appointed as
     6  follows: 3 shall be appointed by the governor; 1 shall be  appointed  by
     7  the  temporary  president  of  the  senate;  1 shall be appointed by the
     8  speaker of the assembly; and 2 shall be appointed by the chief judge  of
     9  the  state.  Of  the  members  appointed by an official pursuant to this

    10  subdivision, where such official has more than one such appointment,  at
    11  least  one-half (at least a majority, in the case of the governor) shall
    12  not be employees of the state or any political subdivision thereof,  and
    13  at  least  one-half  shall  not be members of the bar of the state.  The
    14  governor shall designate the chair of  the  commission  from  among  the
    15  members so appointed. Vacancies in the commission shall be filled in the
    16  same manner as original appointments. To the extent practicable, members
    17  of the commission shall have experience in one or more of the following:
    18  determination  of  executive compensation, human resource administration
    19  and financial management.
    20    (c) The commission may meet within and without  the  state,  may  hold
    21  public hearings and shall have all the powers of a legislative committee
    22  pursuant to the legislative law.

    23    (d)  The  members  of the commission shall receive no compensation for
    24  their services but shall be allowed their actual and necessary  expenses
    25  incurred in the performance of their duties hereunder.
    26    (e) No member of the commission shall be disqualified from holding any
    27  other  public office or employment, nor shall he or she forfeit any such
    28  office or employment by reason of his or  her  appointment  pursuant  to
    29  this  section, notwithstanding the provisions of any general, special or
    30  local law, regulation, ordinance or city charter.
    31    (f) To the maximum extent feasible, the commission shall  be  entitled
    32  to  request  and  receive  and  shall  utilize and be provided with such
    33  facilities, resources and  data  of  any  court,  department,  division,
    34  board,  bureau,  commission,  agency or public authority of the state or

    35  any political subdivision thereof as it may reasonably request to  carry
    36  out properly its powers and duties pursuant to this section.
    37    (g)  The commission may request, and shall receive, reasonable assist-
    38  ance from state agency personnel as necessary for the performance of its
    39  functions.
    40    (h) The commission shall make a report to the governor,  the  legisla-
    41  ture  and  the  chief  judge  of the state of its findings, conclusions,
    42  determinations and recommendations, if any, not later than  one  hundred
    43  fifty  days  after its establishment. Each recommendation made to imple-
    44  ment a determination pursuant to paragraph (ii) of  subdivision  (a)  of
    45  this section shall have the force of law, and shall supersede inconsist-
    46  ent  provisions  of article 7-B of the judiciary law, unless modified or
    47  abrogated by statute prior to April first of the year as to  which  such

    48  determination applies.
    49    (i)  Upon  the  making of its report as provided in subdivision (h) of
    50  this section, each commission established pursuant to this section shall
    51  be deemed dissolved.
    52    § 2. Date of  entitlement  to  salary  increase.  Notwithstanding  the
    53  provisions  of  this act or of any other law, each increase in salary or
    54  compensation of any officer or employee provided by this  act  shall  be
    55  added  to  the salary or compensation of such officer or employee at the
    56  beginning of that payroll period the first day of which  is  nearest  to
        S. 10                               3
 
     1  the  effective  date of such increase as provided in this act, or at the
     2  beginning of the earlier of two payroll periods the first days of  which
     3  are  nearest  but equally near to the effective date of such increase as

     4  provided  in  this  act;  provided,  however, the payment of such salary
     5  increase pursuant to this section on a date prior thereto instead of  on
     6  such  effective  date, shall not operate to confer any additional salary
     7  rights or benefits on such officer or employee.
     8    § 3. The annual salaries as prescribed pursuant to this  act  for  the
     9  state-paid  judges  and  justices  of  the unified court system whenever
    10  adjusted pursuant to the provisions of this act, shall be rounded up  to
    11  the nearest multiple of one hundred dollars.
    12    § 4. This act shall take effect immediately.