S T A T E O F N E W Y O R K
________________________________________________________________________
9199
I N S E N A T E
December 14, 2018
___________
Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend chapter 59 of the laws of 2018, relating to establishing
a compensation committee to determine the appropriate salaries for
members of the legislature and certain other state officials, in
relation to requiring the approval of the voters of the recommendation
of the committee
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 4 of part HHH of chapter 59 of the
laws of 2018, relating to establishing a compensation committee to
determine the appropriate salaries for members of the legislature and
certain other state officials, is amended to read as follows:
2. [Each recommendation made to implement a determination pursuant to
section two of this act shall have the force of law, and shall super-
sede, where appropriate, inconsistent provisions of section 169 of the
executive law, and sections 5 and 5-a of the legislative law, unless
modified or abrogated by statute prior to January first of the year as
to which such determination applies to legislative and executive compen-
sation.] A. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, ANY RECOMMEN-
DATIONS MADE TO IMPLEMENT A DETERMINATION PURSUANT TO SECTION TWO OF
THIS PART SHALL NOT HAVE THE FORCE OF LAW, NOR SHALL THEY SUPERSEDE
INCONSISTENT PROVISIONS OF SECTION 169 OF THE EXECUTIVE LAW OR SECTIONS
5 AND 5-A OF THE LEGISLATIVE LAW, UNLESS SUCH RECOMMENDATIONS HAVE FIRST
PASSED BY A MAJORITY OF ELECTORS OF THE STATE VOTING ON THE MEASURE
STATE-WIDE IN THE NEXT GENERAL ELECTION HELD AT LEAST ONE HUNDRED EIGHT
DAYS AFTER ANY RECOMMENDATIONS PURSUANT TO SECTION TWO OF THIS PART.
B. AT LEAST NINETY DAYS PRIOR TO A GENERAL ELECTION PURSUANT TO PARA-
GRAPH A OF THIS SUBDIVISION, THE ATTORNEY GENERAL OF THE STATE OF NEW
YORK SHALL PREPARE A TITLE AND SUMMARY FOR THE MEASURE, NOT TO EXCEED
ONE HUNDRED WORDS, WHICH SHALL APPEAR ON THE BALLOT AND SHALL GIVE INDI-
CATION OF SUPPORT OR OPPOSITION TO SUCH MEASURE.
C. ANY ACTION OR PROCEEDING WHICH CHALLENGES THE TITLE AND SUMMARY OF
SUCH MEASURE PREPARED BY THE ATTORNEY GENERAL AS FAILING TO ACCURATELY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16762-01-8
S. 9199 2
DESCRIBE SUCH MEASURE, SHALL BE HEARD IN THE SUPREME COURT OF THE STATE
AND PREFERRED OVER ALL OTHER CIVIL CAUSES IN ALL COURTS OF THE STATE AND
SHALL BE HEARD AND DETERMINED IN PREFERENCE TO ALL THE OTHER CIVIL BUSI-
NESS PENDING THEREIN. NO ACTION OR PROCEEDING WHICH CHALLENGES ANY
ACTION OR INACTION BY THE ATTORNEY GENERAL RESPECTING THE TITLE OR
SUMMARY OF SUCH MEASURE MAY BE BROUGHT MORE THAN FOURTEEN DAYS AFTER
ACTION BY THE ATTORNEY GENERAL PURSUANT TO PARAGRAPH B OF THIS SECTION
OR, IF THE ATTORNEY GENERAL FAILS TO ACT, THE NO LATER THAN FOURTEEN
DAYS AFTER THE DEADLINE FOR SUCH ACTION PURSUANT TO SUCH PARAGRAPH B.
D. A MEASURE APPROVED BY A MAJORITY OF VOTES THEREON SHALL TAKE EFFECT
ON THE FIRST OF JANUARY NEXT SUCCEEDING THE GENERAL ELECTION, OR FIVE
DAYS AFTER THE DATE OF THE OFFICIAL DECLARATION OF THE VOTE BY THE STATE
BOARD OF ELECTIONS, WHICHEVER IS LATER.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivision 2 of section 4 of part HHH of chapter 59
of the laws of 2018 made by section one of this act shall not affect the
expiration of such part and shall be deemed to expire therewith.