Provides for annual increase in the compensation paid to the judges and justices of the unified court system and New York city housing judges; establishes commissions to annually determine the compensation payable to the governor, lieutenant governor, comptroller, attorney-general and state commissioners; provides for the biennial adjustment of the compensation payable to the members of the legislature; appropriates $48,200,000 for judicial pay raises.
STATE OF NEW YORK
________________________________________________________________________
5313
2007-2008 Regular Sessions
IN SENATE
April 25, 2007
___________
Introduced by Sens. DeFRANCISCO, ADAMS, ALESI, BONACIC, BRESLIN, BRUNO,
CONNOR, DIAZ, DILAN, DUANE, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN,
GONZALEZ, GRIFFO, HANNON, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON,
O. JOHNSON, KLEIN, KRUEGER, KRUGER, LANZA, LARKIN, LAVALLE, LEIBELL,
LIBOUS, LITTLE, MALTESE, MARCELLINO, MAZIARZ, MONTGOMERY, MORAHAN,
NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PARKER, PERKINS, RATH,
ROBACH, SABINI, SALAND, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO,
SEWARD, SKELOS, SMITH, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMP-
SON, TRUNZO, VALESKY, VOLKER, WINNER, WRIGHT, YOUNG -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance
AN ACT to amend the judiciary law, in relation to the compensation of
state-paid judges and justices of the unified court system; to amend
the New York city civil court act, in relation to the compensation
paid to New York city housing judges; to establish special commissions
on compensation, and providing for their powers and duties; to provide
periodic salary increases to state officers; making an appropriation
for compensation increases to state-paid judges and justices of the
unified court system and New York city housing judges; and to repeal
certain provisions of the judiciary law relating to the compensation
of state-paid judges and justices of the unified court system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 221, 221-a, 221-b, 221-bb, 221-c, 221-d, 221-e,
2 221-f, 221-g, 221-h, 221-i and 223 of the judiciary law are REPEALED and
3 a new section 221 is added to read as follows:
4 § 221. Annual salaries of state-paid judges and justices of the
5 unified court system. (a) Each state-paid judge and justice of the
6 unified court system shall receive the annual salary prescribed for his
7 or her office on a schedule to be promulgated by the chief administrator
8 of the courts in accordance with law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11739-02-7
S. 5313 2
1 (b) State-paid judges and justices shall receive annual salaries as
2 follows:
3 1. (i) A justice of the supreme court shall receive an annual salary
4 of one hundred sixty-five thousand two hundred dollars, effective Janu-
5 ary first, two thousand seven.
6 (ii) Except as otherwise provided by law, on the first day of April in
7 each year commencing on or after two thousand eight, if the annual sala-
8 ry of a judge of the United States district court was increased within
9 the preceding twelve months, the annual salary of a justice of the
10 supreme court shall be increased by adding thereto a percentage thereof
11 equaling the percentage by which the salary of a judge of the United
12 States district court was increased in such twelve-month period.
13 2. The following judges and justices shall receive an annual salary
14 equaling that of a justice of the supreme court plus a percentage there-
15 of as set forth in this paragraph:
16 (i) chief judge of the court of appeals, fourteen and twelve one
17 hundredths percent;
18 (ii) associate judges of the court of appeals, ten and sixty-one one
19 hundredths percent;
20 (iii) presiding justices of the appellate division, seven and ninety-
21 seven one hundredths percent;
22 (iv) associate justices of the appellate division, the presiding judge
23 of the court of claims and judges who are designated deputy chief admin-
24 istrative judges, five and thirty-four one hundredths percent;
25 (v) presiding justices of the appellate term, judges who are desig-
26 nated deputy or assistant administrative judges within the city of New
27 York and judges and justices who are designated administrative judges
28 for a judicial district or county outside the city of New York, three
29 and and fifty-one one hundredths percent;
30 (vi) associate justices of the appellate term, two and nineteen one
31 hundredths percent; and
32 (vii) judges of the court of claims, no additional percentage.
33 3. The following judges shall receive an annual salary equaling a
34 percentage of that of a justice of the supreme court, as set forth in
35 this paragraph:
36 (i) judges of the county court, judges of the family court and judges
37 of the surrogate's court, ninety-five percent;
38 (ii) judges of the New York city civil court, judges of the New York
39 city criminal court and judges of the district court, ninety-three
40 percent; and
41 (iii) judges of a city court outside the city of New York who are not
42 permitted to practice law, ninety percent.
43 Notwithstanding the other provisions of this paragraph, any judge
44 specified in subparagraph (i) of this paragraph, in an office that on
45 December thirty-first, two thousand six was paid an annual salary that
46 was more than ninety-five percent of the annual salary paid a justice of
47 the supreme court on such date, shall receive an annual salary equaling
48 an amount bearing the same proportion to the salary of a justice of the
49 supreme court as the annual salary of his or her office bore to the
50 salary of a justice of the supreme court on December thirty-first, two
51 thousand six. In the event a new judgeship is established for a county
52 court, family court or surrogate's court on a date after December thir-
53 ty-first, two thousand six, the annual salary for such office shall
54 equal the annual salary for each other judgeship already established
55 for such court on such date.
S. 5313 3
1 4. (i) Each judge of a city court outside the city of New York, who is
2 permitted to practice law, shall receive an annual salary equaling an
3 amount bearing the same proportion to the salary of the lowest-paid
4 judge of a city court who is not permitted to practice law as the sala-
5 ry of his or her office on December thirty-first, two thousand six bore
6 to the salary of such lowest-paid judge on such date; except that,
7 effective April first, two thousand seven, each judge of a city court
8 outside the city of New York who is permitted to practice law shall
9 receive an annual salary equaling an amount bearing the same proportion
10 to the salary of the lowest-paid judge of a city court who is not
11 permitted to practice law as the salary of his or her office on April
12 first, two thousand seven bears to the salary for such lowest-paid judge
13 on such date pursuant to the provisions of chapter four hundred ninety-
14 three of the laws of two thousand six.
15 (ii) In the event a new judgeship is established for a city court
16 outside the city of New York on a date after December thirty-first, two
17 thousand six, and the person who holds such office is permitted to prac-
18 tice law, the annual salary for such office on the date of its estab-
19 lishment shall be as provided by law. Thereafter the annual salary of
20 such office shall be as provided in subparagraph (i) of this paragraph
21 except that, for purposes of such subparagraph (i), the date on which
22 such office was established shall be substituted for the date specified
23 therein.
24 5. Notwithstanding any other provision of this section, the annual
25 salaries of each of the following judges, as specified in paragraph
26 three of this subdivision, shall be increased by the amounts set forth
27 in this paragraph:
28 (i) each chief judge of a city court outside the city of New York, who
29 is not permitted to practice law, an amount equal to one and five one
30 hundredths percent of his or her annual salary; and
31 (ii) each president of the board of judges of a district court, an
32 amount equal to three and forty-two one hundredths percent of his or her
33 annual salary.
34 § 2. Subdivision (f) of section 110 of the New York city civil court
35 act, as amended by chapter 324 of the laws of 2001, is amended to read
36 as follows:
37 (f) The housing judges shall be appointed by the administrative judge
38 from a list of persons selected annually as qualified by training,
39 interest, experience, judicial temperament and knowledge of federal,
40 state and local housing laws and programs by the advisory council for
41 the housing part. The annual salary of a housing judge shall [be one
42 hundred fifteen thousand four hundred dollars] equal an amount repres-
43 enting ninety-five percent of the annual salary of a judge of the New
44 York city civil court.
45 § 3. (a) There shall be established a special commission on executive
46 and legislative compensation to:
47 (i) examine, evaluate and make recommendations with respect to the
48 level of compensation for the governor, lieutenant governor, attorney
49 general, comptroller and those state officers referred to in section 169
50 of the executive law, effective January 1, 2008 or on any sooner date
51 not earlier than January 1, 2007; and for members of the legislature,
52 effective January 1, 2009;
53 (ii) determine whether, for any period of four years beginning with
54 the year 2008, the formula for annual salary adjustment set forth in
55 subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
S. 5313 4
1 the judiciary law, as added by section one of this act, warrants adjust-
2 ment; and
3 (iii) examine, evaluate and make recommendations with respect to non-
4 salary benefits of the governor, lieutenant governor, attorney general,
5 comptroller, those state officers referred to in section 169 of the
6 executive law, members of the legislature, and state-paid judges and
7 justices of the unified court system.
8 (b) In discharging its responsibilities under subdivision (a) of this
9 section, the commission shall take into account all appropriate factors
10 including, but not limited to: the overall economic climate; inflation
11 and changes in public sector spending since January 1, 1999; the levels
12 of compensation and non-salary benefits received by executive branch
13 officials and legislators of other states and of the federal government;
14 the levels of compensation and non-salary benefits received by profes-
15 sionals in government, academia and private and nonprofit enterprise;
16 and the state's ability to fund increases in compensation and non-salary
17 benefits.
18 (c) The commission shall consist of 13 members to be appointed as
19 follows: 4 shall be appointed by the governor; 2 shall be appointed by
20 the temporary president of the senate; 1 shall be appointed by the
21 minority leader of the senate; 2 shall be appointed by the speaker of
22 the assembly; 1 shall be appointed by the minority leader of the assem-
23 bly; and 3 shall be appointed by the chief judge of the state. Of the
24 members appointed by an official pursuant to this subdivision, where
25 such official has more than one such appointment, at least one-half (at
26 least a majority, in the case of the governor) shall not be employees of
27 the state or any political subdivision thereof, and at least one-half
28 shall not be members of the bar of the state. The governor shall desig-
29 nate the chair of the commission from among the members so appointed.
30 Vacancies in the commission shall be filled in the same manner as
31 original appointments. To the extent practicable, members of the commis-
32 sion shall have experience in one or more of the following: determi-
33 nation of executive compensation, human resource administration and
34 financial management.
35 (d) The commission may meet within and without the state, may hold
36 public hearings and shall have all the powers of a legislative committee
37 pursuant to the legislative law.
38 (e) The members of the commission shall receive no compensation for
39 their services but shall be allowed their actual and necessary expenses
40 incurred in the performance of their duties pursuant to this section.
41 (f) No member of the commission shall be disqualified from holding any
42 other public office or employment, nor shall he or she forfeit any such
43 office or employment by reason of his or her appointment pursuant to
44 this section, notwithstanding the provisions of any general, special or
45 local law, regulation, ordinance or city charter.
46 (g) To the maximum extent feasible, the commission shall be entitled
47 to request and receive and shall utilize and be provided with such
48 facilities, resources and data of any court, department, division,
49 board, bureau, commission, agency or public authority of the state or
50 any political subdivision thereof as it may reasonably request to carry
51 out properly its powers and duties pursuant to this section.
52 (h) The commission may employ and at its pleasure remove such person-
53 nel as it may deem necessary for the performance of its functions and
54 fix compensation within amounts made available therefor by appropri-
55 ation.
S. 5313 5
1 (i) (i) The commission shall make a report to the governor, the legis-
2 lature and the chief judge of the state of its findings, conclusions,
3 determinations and recommendations not later than September 1, 2007.
4 (ii) Effective January 1, 2008, the levels of compensation recommended
5 by the commission pursuant to paragraph (i) of subdivision (a) of this
6 section, except those applying to members of the legislature, the gover-
7 nor and lieutenant governor shall have the force of law and shall super-
8 sede inconsistent provisions of subdivision 1 of section 40, section 60
9 and paragraph (a) of subdivision 2 of section 169 of the executive law
10 unless sooner modified or abrogated by statute.
11 (iii) Effective January 1, 2009, the levels of compensation recom-
12 mended by the commission pursuant to paragraph (i) of subdivision (a) of
13 this section for members of the legislature shall have the force of law
14 and shall supersede inconsistent provisions of subdivision 1 of section
15 5 of the legislative law unless sooner modified or abrogated by statute.
16 (iv) Each recommendation of the commission made to implement a deter-
17 mination pursuant to paragraph (ii) of subdivision (a) of this section
18 shall have the force of law, and shall supersede inconsistent provisions
19 of subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
20 the judiciary law, as added by section one of this act, unless modified
21 or abrogated by statute prior to April first of the year as to which
22 such determination applies.
23 (j) Upon the making of its report as provided in subdivision (i) of
24 this section, the commission established pursuant to this section shall
25 be deemed dissolved.
26 § 4. (a) On the first of April of every fourth year, commencing April
27 1, 2011, there shall be established for such year a commission on execu-
28 tive, legislative and judicial compensation to examine, evaluate and
29 make recommendations with respect to adequate levels of compensation and
30 non-salary benefits for the governor, lieutenant governor, attorney
31 general, comptroller, those state officers referred to in section 169 of
32 the executive law, members of the legislature, and judges and justices
33 of the state-paid courts of the unified court system. In accordance with
34 the provisions of this section, the commission shall:
35 (i) examine the prevailing adequacy of pay levels and non-salary bene-
36 fits received by the governor, lieutenant governor, attorney general,
37 comptroller, those state officers referred to in section 169 of the
38 executive law, members of the legislature, and judges and justices of
39 the state-paid courts of the unified court system and determine whether
40 any of such pay levels warrant adjustment; and
41 (ii) determine whether, for any of the four years following the year
42 in which the commission is established, the formula for annual salary
43 adjustment set forth in subparagraph (ii) of paragraph 1 of subdivision
44 (b) of section 221 of the judiciary law, as added by section one of this
45 act, warrants adjustment.
46 In discharging its responsibilities under paragraphs (i) and (ii) of
47 this subdivision, the commission shall take into account all appropriate
48 factors including, but not limited to: the overall economic climate;
49 rates of inflation; changes in public-sector spending; the levels of
50 compensation and non-salary benefits received by judges, executive
51 branch officials and legislators of other states and of the federal
52 government; the levels of compensation and non-salary benefits received
53 by professionals in government, academia and private and nonprofit
54 enterprise; and the state's ability to fund increases in compensation
55 and non-salary benefits.
S. 5313 6
1 (b) The commission shall consist of 13 members to be appointed as
2 follows: 4 shall be appointed by the governor; 2 shall be appointed by
3 the temporary president of the senate; 1 shall be appointed by the
4 minority leader of the senate; 2 shall be appointed by the speaker of
5 the assembly; 1 shall be appointed by the minority leader of the assem-
6 bly; and 3 shall be appointed by the chief judge of the state. Of the
7 members appointed by an official pursuant to this subdivision, where
8 such official has more than one such appointment, at least one-half (at
9 least a majority, in the case of the governor) shall not be employees of
10 the state or any political subdivision thereof, and at least one-half
11 shall not be members of the bar of the state. The governor shall desig-
12 nate the chair of the commission from among the members so appointed.
13 Vacancies in the commission shall be filled in the same manner as
14 original appointments. To the extent practicable, members of the commis-
15 sion shall have experience in one or more of the following: determi-
16 nation of executive compensation, human resource administration and
17 financial management.
18 (c) The commission may meet within and without the state, may hold
19 public hearings and shall have all the powers of a legislative committee
20 pursuant to the legislative law.
21 (d) The members of the commission shall receive no compensation for
22 their services but shall be allowed their actual and necessary expenses
23 incurred in the performance of their duties hereunder.
24 (e) No member of the commission shall be disqualified from holding any
25 other public office or employment, nor shall he or she forfeit any such
26 office or employment by reason of his or her appointment pursuant to
27 this section, notwithstanding the provisions of any general, special or
28 local law, regulation, ordinance or city charter.
29 (f) To the maximum extent feasible, the commission shall be entitled
30 to request and receive and shall utilize and be provided with such
31 facilities, resources and data of any court, department, division,
32 board, bureau, commission, agency or public authority of the state or
33 any political subdivision thereof as it may reasonably request to carry
34 out properly its powers and duties pursuant to this section.
35 (g) The commission may employ and at its pleasure remove such person-
36 nel as it may deem necessary for the performance of its functions and
37 fix compensation within amounts made available therefor by appropri-
38 ation.
39 (h) The commission shall make a report to the governor, the legisla-
40 ture and the chief judge of the state of its findings, conclusions,
41 determinations and recommendations, if any, not later than one hundred
42 fifty days after its establishment. Each recommendation made to imple-
43 ment a determination pursuant to paragraph (ii) of subdivision (a) of
44 this section shall have the force of law, and shall supersede inconsist-
45 ent provisions of subparagraph (ii) of paragraph 1 of subdivision (b) of
46 section 221 of the judiciary law, as added by section one of this act,
47 unless modified or abrogated by statute prior to April first of the year
48 as to which such determination applies.
49 (i) Upon the making of its report as provided in subdivision (h) of
50 this section, each commission established pursuant to this section shall
51 be deemed dissolved.
52 § 5. (a) On the first of April in each year commencing on or after
53 2008, the annual salaries of the attorney general, the comptroller and
54 those state officers referred to in section 169 of the executive law
55 shall each be increased by adding thereto a percentage thereof equaling
56 the percentage, if any, by which the salary of a justice of the supreme
S. 5313 7
1 court is increased on such date pursuant to subparagraph (ii) of para-
2 graph 1 of subdivision (b) of section 221 of the judiciary law, as added
3 by section one of this act.
4 (b) On January 1, 2009 and on the first of January of every second
5 year thereafter, the annual salaries of members of the legislature shall
6 be increased by adding thereto a percentage thereof equaling the
7 percentage, if any, by which the salary of a justice of the supreme
8 court was increased during the preceding two-year period pursuant to
9 subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
10 the judiciary law, as added by section one of this act.
11 § 6. Date of entitlement to salary increase. Notwithstanding the
12 provisions of this act or of any other law, each increase in salary or
13 compensation of any officer or employee provided by this act shall be
14 added to the salary or compensation of such officer or employee at the
15 beginning of that payroll period the first day of which is nearest to
16 the effective date of such increase as provided in this act, or at the
17 beginning of the earlier of two payroll periods the first days of which
18 are nearest but equally near to the effective date of such increase as
19 provided in this act; provided, however, the payment of such salary
20 increase pursuant to this section on a date prior thereto instead of on
21 such effective date, shall not operate to confer any additional salary
22 rights or benefits on such officer or employee.
23 § 7. The annual salaries as prescribed pursuant to this act for the
24 comptroller, the attorney general, officers holding positions referred
25 to in subdivision 1 of section 169 of the executive law, state-paid
26 judges and justices of the unified court system and members of the
27 legislature, whenever adjusted pursuant to the provisions of this act,
28 shall be rounded up to the nearest multiple of one hundred dollars.
29 § 8. The sum of forty-eight million two hundred thousand dollars
30 ($48,200,000), or so much thereof as may be necessary, is hereby appro-
31 priated out of any moneys in the state treasury in the general fund to
32 the credit of the state purposes account, not otherwise appropriated,
33 and made immediately available to the administrative office of the
34 courts for payment pursuant to the provisions of sections one and two of
35 this act.
36 § 9. This act shall take effect immediately; provided, that the
37 provisions of sections one and two of this act shall be deemed to have
38 been in full force and effect on and after January 1, 2007.
