A10152 Summary:

BILL NOA10152A
 
SAME ASSAME AS S07408-A
 
SPONSORGunther
 
COSPNSRLupardo, Woerner, Russell, Magee, Skoufis, Hawley, McDonald, Barrett, Oaks, Blankenbush, Stec, Galef
 
MLTSPNSRMcDonough, Skartados
 
Amd §700, County L
 
Relates to the payment of salaries for certain district attorneys; requires the state to provide state aid to pay such salaries; and appropriates $1,600,000 therefor.
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A10152 Actions:

BILL NOA10152A
 
05/13/2016referred to ways and means
05/17/2016amend (t) and recommit to ways and means
05/17/2016print number 10152a
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A10152 Committee Votes:

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A10152 Floor Votes:

There are no votes for this bill in this legislative session.
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A10152 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10152A
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the county law, in relation to the payment of salaries for certain district attorneys; and making an appropriation therefor   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to provide for state aid for salary increases for certain district attorneys.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 and section 2 amend subdivision 11 of section 700 of county law to provide that counties shall receive one hundred percent state aid for the increase in salary costs for district attorneys as enacted in the 2017 FY state budget. Section 3 appropriates $1.6 million dollars to carry out the provisions of this act. Section 4 provides for an immediate effective date.   JUSTIFICATION: This bill would provide 100 percent state aid to counties for increases in local District Attorneys' (DA) full-time salaries that were imposed by the New York State Commission of Legislative, Judicial, and Executive Compensation's recent actions on judicial pay, since they are statutori- ly tied together. The pay raises for judges and full-time DAs are binding per the Commis- sion, and this year's state budget did not provide funding to the coun- ties to cover the cost of either of the increases that were mandated by the Commission. The state's judicial system sets its own budget, which incorporated the pay raise for judges within its current budget. However, funding for the additional costs for DAs was not included in the governor's FY 2017 Executive Budget proposal, or in the final state budget. In the past, the state has consistently funded the DA salary increases in the state budget. In 2015, New York state covered about 50 percent of local DA salaries, and each respective county's budget covered the remaining salary cost. As a result of not providing for additional aid in the Executive Budget Proposal, or the final budget, counties must cover this additional cost for full-time DAs, which approximately is a 15 percent increase, or about $30,000 per county, without any additional assistance from New York State. This unanticipated DA full-time salary increase disproportionately impacts county budgets in many parts of the state where median incomes are significantly lower, and in counties that do not have strong reserves or that do not otherwise have the ability to absorb this increased salary cost. This bill provides needed relief to the counties from the Judicial Pay Commission's mandated salary increase for full-time DA salaries.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: Approximately $1.6 million.   EFFECTIVE DATE: This act shall take effect immediately.
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A10152 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10152--A
 
                   IN ASSEMBLY
 
                                      May 13, 2016
                                       ___________
 
        Introduced by M. of A. GUNTHER, LUPARDO, WOERNER, RUSSELL, NOJAY -- read
          once  and  referred  to  the  Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the county law, in relation to the payment  of  salaries
          for certain district attorneys; and making an appropriation therefor

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 11 of section 700 of the coun-
     2  ty law, as amended by section 1 of part E of chapter 412 of the laws  of
     3  1999, is amended to read as follows:
     4    (c)  Commencing  with the nineteen hundred eighty-seven calendar year,
     5  the comptroller shall annually determine the amount of state aid payable
     6  to each county pursuant to paragraphs (a) [and], (b) and (d) hereof  for
     7  each calendar year and shall pay such amount on his audit and warrant to
     8  the chief fiscal officer of each such county during the month of Septem-
     9  ber  in  each  such year. Where a county first becomes entitled to state
    10  aid pursuant to paragraphs (a) [and], (b) and (d) hereof on a day  other
    11  than January first, nineteen hundred ninety-nine or January first of any
    12  other year thereafter, the amount of state aid payable to such county in
    13  the  year  it first becomes entitled to such state aid shall be prorated
    14  accordingly.
    15    § 2. Subdivision 11 of section 700 of the county  law  is  amended  by
    16  adding a new paragraph (d) to read as follows:
    17    (d) In addition to the state aid provided in paragraphs (a) and (b) of
    18  this  subdivision,  each  county, the salary of the district attorney of
    19  which is determined pursuant to section one  hundred  eighty-three-a  of
    20  the  judiciary law, shall be entitled to receive state aid in the amount
    21  of one hundred percent of the difference between the amount required  to
    22  be paid to such district attorney pursuant to section one hundred eight-
    23  y-three-a  of  the  judiciary law on and after April first, two thousand
    24  sixteen and the amount required to be  paid  pursuant  to  such  section
    25  immediately prior to such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15165-03-6

        A. 10152--A                         2
 
     1    § 3. The sum of one million six hundred thousand dollars ($1,600,000),
     2  or  so  much  thereof as may be necessary, is hereby appropriated to the
     3  department of audit and control out of any moneys in the state  treasury
     4  in  the  general fund to the credit of the local assistance account, not
     5  otherwise  appropriated, and made immediately available, for the purpose
     6  of carrying out the provisions of this act. Such moneys shall be payable
     7  on the audit and warrant of the comptroller to the chief fiscal  officer
     8  of each such county as prescribed by law.
     9    § 4. This act shall take effect immediately.
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