S T A T E O F N E W Y O R K
________________________________________________________________________
4807
2015-2016 Regular Sessions
I N A S S E M B L Y
February 6, 2015
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Introduced by M. of A. RAIA, MONTESANO, DenDEKKER, PALMESANO, McDONOUGH,
KATZ, GIGLIO, TENNEY, LUPINACCI, HAWLEY, FINCH -- Multi-Sponsored by
-- M. of A. CERETTO, DiPIETRO, McLAUGHLIN, THIELE -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the civil service law, the public authorities law, the
legislative law, the public officers law, the general municipal law,
the executive law and the judiciary law, in relation to placing a
limit on the annual salary of state officers and employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 130 of the civil service law is amended by adding a
new subdivision 15 to read as follows:
15. NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR PROVISION OF LAW
TO THE CONTRARY, NO OFFICER OR EMPLOYEE TO WHOM THE PROVISIONS OF THIS
SUBDIVISION APPLY SHALL BE ENTITLED TO AN INCREASE IN ANNUAL SALARY, IF
THE ANNUAL SALARY OF THAT OFFICER OR EMPLOYEE AT THE TIME EQUALS OR
EXCEEDS, OR WITH THE INCREASE WOULD EQUAL OR EXCEED, THE ANNUAL SALARY
OF THE GOVERNOR, UNLESS SUCH INCREASE IS APPROVED BY A MAJORITY VOTE OF
BOTH THE SENATE AND ASSEMBLY; PROVIDED FURTHER THAT THIS SUBDIVISION
SHALL NOT APPLY WHERE AN AGREEMENT BETWEEN THE STATE AND A CERTIFIED
EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS
CHAPTER PROVIDES FOR SUCH AN INCREASE ON BEHALF OF A POSITION IN A
COLLECTIVE NEGOTIATING UNIT REPRESENTED BY SUCH EMPLOYEE ORGANIZATION.
S 2. The title heading of title 1 of article 1 of the public authori-
ties law, as added by chapter 506 of the laws of 2009, is amended to
read as follows:
SHORT TITLE; DEFINITIONS; EMPLOYEES SALARY CAP
S 3. The public authorities law is amended by adding a new section 3
to read as follows:
S 3. EMPLOYEES SALARY CAP. NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO OFFICER OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07164-01-5
A. 4807 2
EMPLOYEE OF ANY PUBLIC AUTHORITY SHALL BE ENTITLED TO AN INCREASE IN
ANNUAL SALARY, IF THE ANNUAL SALARY OF THAT OFFICER OR EMPLOYEE AT THE
TIME EQUALS OR EXCEEDS, OR WITH THE INCREASE WOULD EQUAL OR EXCEED, THE
ANNUAL SALARY OF THE GOVERNOR, UNLESS SUCH INCREASE IS APPROVED BY A
MAJORITY VOTE OF BOTH THE SENATE AND ASSEMBLY; PROVIDED FURTHER THAT
THIS SECTION SHALL NOT APPLY WHERE AN EMPLOYMENT AGREEMENT BETWEEN A
PUBLIC AUTHORITY AND SUCH OFFICER OR EMPLOYEE ENTERED INTO PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION PROVIDES FOR SUCH AN INCREASE.
S 4. Section 10 of the legislative law, as amended by chapter 230 of
the laws of 1949, is amended to read as follows:
S 10. Compensation of officers and employees. A. The secretary of the
senate, the clerk of the assembly, and all other officers and employees
of the senate and assembly, shall be paid the compensation fixed by the
appointing officer within the amount provided by appropriation.
B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, NO OFFICER OR EMPLOYEE OF THE LEGISLA-
TURE SHALL BE ENTITLED TO AN INCREASE IN ANNUAL SALARY, IF THE ANNUAL
SALARY OF THAT OFFICE OR EMPLOYEE AT THE TIME EQUALS OR EXCEEDS, OR WITH
THE INCREASE WOULD EQUAL OR EXCEED, THE ANNUAL SALARY OF THE GOVERNOR,
UNLESS SUCH INCREASE IS APPROVED BY A MAJORITY VOTE OF BOTH THE SENATE
AND ASSEMBLY; PROVIDED FURTHER THAT THIS SECTION SHALL NOT APPLY WHERE
AN EMPLOYMENT AGREEMENT BETWEEN THE LEGISLATURE AND SUCH OFFICER OR
EMPLOYEE PROVIDES FOR SUCH AN INCREASE.
S 5. The public officers law is amended by adding a new section 71-a
to read as follows:
S 71-A. STATE AND LOCAL OFFICERS AND EMPLOYEES SALARY CAP. NOTWITH-
STANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW TO
THE CONTRARY, NO STATE OFFICER OR LOCAL OFFICER, AS DEFINED IN SECTION
TWO OF THIS CHAPTER, OR EMPLOYEE THEREOF, SHALL BE ENTITLED TO AN
INCREASE IN ANNUAL SALARY, IF THE ANNUAL SALARY OF THAT OFFICER OR
EMPLOYEE AT THE TIME EQUALS OR EXCEEDS, OR WITH THE INCREASE WOULD EQUAL
OR EXCEED, THE ANNUAL SALARY OF THE GOVERNOR, UNLESS SUCH INCREASE IS
APPROVED BY A MAJORITY VOTE OF BOTH THE SENATE AND ASSEMBLY; PROVIDED
FURTHER THAT THIS SECTION SHALL NOT APPLY WHERE AN EMPLOYMENT AGREEMENT
BETWEEN SUCH STATE OR LOCAL OFFICE AND SUCH OFFICER OR EMPLOYEE ENTERED
INTO PROVIDES FOR SUCH AN INCREASE.
S 6. The general municipal law is amended by adding a new section 90-a
to read as follows:
S 90-A. PUBLIC OFFICERS AND EMPLOYEES SALARY CAP. NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW TO THE CONTRARY,
NO PUBLIC OFFICER OR OTHER EMPLOYEE EMPLOYED BY A MUNICIPAL CORPORATION,
AS DEFINED IN SECTION TWO OF THIS CHAPTER, SHALL BE ENTITLED TO AN
INCREASE IN ANNUAL SALARY, IF THE ANNUAL SALARY OF THAT OFFICER OR
EMPLOYEE AT THE TIME EQUALS OR EXCEEDS, OR WITH THE INCREASE WOULD EQUAL
OR EXCEED, THE ANNUAL SALARY OF THE GOVERNOR, UNLESS SUCH INCREASE IS
APPROVED BY A MAJORITY VOTE OF BOTH THE SENATE AND ASSEMBLY; PROVIDED
FURTHER THAT THIS SECTION SHALL NOT APPLY WHERE AN EMPLOYMENT AGREEMENT
BETWEEN SUCH MUNICIPAL CORPORATION AND SUCH OFFICER OR EMPLOYEE PROVIDES
FOR SUCH AN INCREASE.
S 7. Section 30 of the executive law is amended to read as follows:
S 30. Executive department. A. There shall continue to be in the state
government an executive department. The head of the executive department
shall be the governor. The governor may appoint such subordinates and
employees as may be necessary for the exercise of his powers and the
performance of his duties as head of the executive department, and may
A. 4807 3
prescribe their duties and fix their compensation within the amounts
appropriated therefor.
B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, NO SUBORDINATE OR EMPLOYEE EMPLOYED BY
THE EXECUTIVE DEPARTMENT SHALL BE ENTITLED TO AN INCREASE IN ANNUAL
SALARY, IF THE ANNUAL SALARY OF THAT OFFICER OR EMPLOYEE AT THE TIME
EQUALS OR EXCEEDS, OR WITH THE INCREASE WOULD EQUAL OR EXCEED, THE ANNU-
AL SALARY OF THE GOVERNOR, UNLESS SUCH INCREASE IS APPROVED BY A MAJORI-
TY VOTE OF BOTH THE SENATE AND ASSEMBLY; PROVIDED FURTHER THAT THIS
SECTION SHALL NOT APPLY WHERE AN EMPLOYMENT AGREEMENT BETWEEN SUCH
MUNICIPAL CORPORATION AND SUCH OFFICER OR EMPLOYEE ENTERED INTO PROVIDES
FOR SUCH AN INCREASE.
S 8. Section 37 of the judiciary law is amended by adding a new subdi-
vision 4-a to read as follows:
4-A. SALARY CAP. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO NON-JUDICIAL OFFICER OR
EMPLOYEE SHALL BE ENTITLED TO AN INCREASE IN ANNUAL SALARY, IF THE ANNU-
AL SALARY OF THAT OFFICER OR EMPLOYEE AT THE TIME EQUALS OR EXCEEDS, OR
WITH THE INCREASE WOULD EQUAL OR EXCEED, THE ANNUAL SALARY OF THE GOVER-
NOR, UNLESS SUCH INCREASE IS APPROVED BY A MAJORITY VOTE OF BOTH THE
SENATE AND ASSEMBLY; PROVIDED FURTHER THAT THIS SECTION SHALL NOT APPLY
WHERE AN AGREEMENT, BETWEEN THE STATE AND A CERTIFIED EMPLOYEE ORGANIZA-
TION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW
PROVIDES FOR SUCH AN INCREASE ON BEHALF OF A POSITION IN A COLLECTIVE
NEGOTIATING UNIT REPRESENTED BY SUCH EMPLOYEE ORGANIZATION OR WHERE ANY
OTHER EMPLOYMENT AGREEMENT BETWEEN THE STATE AND SUCH OFFICER OR EMPLOY-
EES PROVIDES FOR SUCH AN INCREASE.
S 9. This act shall take effect immediately.