S T A T E O F N E W Y O R K
________________________________________________________________________
9453
I N A S S E M B L Y
(PREFILED)
January 6, 2010
___________
Introduced by M. of A. BOYLE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the legislative law, in relation to withholding pay if
governor or the legislature delays annual appropriations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 5 of the legislative law, as
amended by chapter 635 of the laws of 1998, is amended to read as
follows:
1. Effective January first, nineteen hundred ninety-nine, each member
of the legislature shall receive a salary of seventy-nine thousand five
hundred dollars per annum. Such salary of a member of the legislature
shall be payable in twenty-six bi-weekly installments provided, however,
that if:
(A) 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, the net amount of any such bi-weekly salary installment payments
to be paid on or after such day shall be withheld and not paid until
such legislative passage of the budget has occurred whereupon bi-weekly
salary installment payments shall resume and an amount equal to the
accrued, withheld and unpaid installments shall be promptly paid to each
member; OR
(B) THE GOVERNOR OR THE LEGISLATURE DELAYS ANNUAL APPROPRIATIONS, THE
NET AMOUNT OF ANY SUCH BI-WEEKLY SALARY INSTALLMENT PAYMENTS TO BE PAID
ON OR AFTER SUCH DAY SHALL BE WITHHELD AND NOT PAID UNTIL SUCH ANNUAL
APPROPRIATIONS HAVE OCCURRED WHEREUPON BI-WEEKLY SALARY INSTALLMENT
PAYMENTS SHALL RESUME AND AN AMOUNT EQUAL TO THE ACCRUED, WITHHELD AND
UNPAID INSTALLMENTS SHALL BE PROMPTLY PAID TO EACH MEMBER.
For purposes of this section, net amount shall mean gross salary minus
any or all of the following deductions: federal taxes, state taxes,
social security taxes, city taxes, payments on retirement loans, retire-
ment contributions, contributions to health insurance or other group
insurance programs, child support and court ordered payments.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14961-02-9