A00751 Summary:

COSPNSRLupardo, Woerner, Jenne, Magee, Skoufis, Barrett, Galef, Hawley, Oaks, Blankenbush, Stec, McDonald, Jones, Palmesano, Miller B
MLTSPNSRBarclay, McDonough, 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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A00751 Actions:

01/09/2017referred to ways and means
01/03/2018referred to ways and means
01/25/2018amend and recommit to ways and means
01/25/2018print number 751a
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A00751 Committee Votes:

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A00751 Floor Votes:

There are no votes for this bill in this legislative session.
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A00751 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gunther (MS)
  TITLE OF BILL: An act to amend the county law, in relation to the payment of salaries for certain district attorneys; and making an appro- priation 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 & Section 2 amend subdivision 11 of section 700 of county law and a new paragraph (d) is added to provide that counties shall receive one hundred percent state aid for the increase in salary costs for district attorneys as enacted in the 2018 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 the 2016-17 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: 2016: A10152A referred to Ways & Means/S7408A passed Senate   FISCAL IMPLICATIONS: Approximately $1.6 million.   EFFECTIVE DATE: This act shall take effect immediately.
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A00751 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
          PALMESANO, B. MILLER -- Multi-Sponsored by -- M. of A. BARCLAY,  McDO-
          NOUGH,  SKARTADOS  --  read once and referred to the Committee on Ways
          and Means -- recommitted to the Committee on Ways and Means in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 751--A                           2
     1  the  judiciary law, shall be entitled to receive state aid in the amount
     2  of one hundred percent of the difference between the amount required  to
     3  be paid to such district attorney pursuant to section one hundred eight-
     4  y-three-a  of  the  judiciary law on and after April first, two thousand
     5  eighteen and the amount required to be paid  pursuant  to  such  section
     6  immediately prior to such date.
     7    § 3. The sum of one million six hundred thousand dollars ($1,600,000),
     8  or  so  much  thereof as may be necessary, is hereby appropriated to the
     9  department of audit and control out of any moneys in the state  treasury
    10  in  the  general fund to the credit of the local assistance account, not
    11  otherwise appropriated, and made immediately available, for the  purpose
    12  of carrying out the provisions of this act. Such moneys shall be payable
    13  on  the audit and warrant of the comptroller to the chief fiscal officer
    14  of each such county as prescribed by law.
    15    § 4. This act shall take effect immediately.
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A00751 LFIN:

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