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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7913
SPONSOR: Silver (MS) TITLE OF BILL: 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 appro-
priation 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
SUMMARY:
This bill would set the salaries of Justices of the Supreme Court to
$165,200 per year effective January 1, 2007, and would set the salaries
of all other State-paid judges at a certain percentage above or below
the salaries of Justices of the Supreme Court in a uniform manner.
Beginning April 1, 2008, the salaries of Justices of the Supreme Court
would be set to the level of Judges of the United States District Court,
and the salaries of certain statewide elected officials and other State
officers would be increased by the same percentage as the increase given
to a Justice of the-Supreme Court on an annual basis. Beginning January
1, 2009 and every other year thereafter, the annual salaries of members
of the Legislature would also be increased by the same percentage
increase by which a Justice of the Supreme Court was increased.
The bill further provides for a special commission to examine, evaluate
and make recommendations with respect to compensation, adjustments and
non-salary benefits of certain statewide elected officials and other
State officers, members of the Legislature, and State-paid judges and
justices of the Unified Court System. The commission would consist of
thirteen members and would be required to report its findings, conclu-
sions, determinations and recommendations by September 1, 2007. Such
recommendations would become effective on January 1, 2008, except for
members of the Legislature, for whom the recommendations would become
effective on January 1, 2009. The recommendations of the commission
would have the force of law.
Finally, this bill establishes a quadrennial commission beginning April
1, 2011 on Executive, Legislative and Judicial compensation to examine,
evaluate and make recommendations with respect to adequate levels of
compensation and non-salary benefits for certain statewide elected offi-
cials and other State officers, members of the Legislature, and State-
paid judges and justices of the Unified Court System. The commission
would consist of thirteen members and would be required to report its
findings, conclusions, determinations and recommendations no later than
one hundred fifty days after its establishment. Such recommendations
would have the force of law.
JUSTIFICATION:
Salaries for statewide elected officials and other State officers,
members of the Legislature, and State-paid judges and justices of the
Unified Court System were last increased pursuant to Chapter 630 of the
Laws of 1998.. This bill would provide for increases in such salaries
across the board, and would provide for a mechanism for automatic
increases thereafter. Additionally, a quadrennial commission would be
established to ensure that the proper level of compensation is provided
on a more regular basis.
FISCAL IMPACT:
An appropriation of $48.2 million is included to cover the provisions of
this legislation.
EFFECTIVE DATE:
Effective immediately with certain sections deemed to have been in full
force and effect on and after January 1, 2007.
STATE OF NEW YORK
________________________________________________________________________
7913
2007-2008 Regular Sessions
IN ASSEMBLY
April 27, 2007
___________
Introduced by M. of A. SILVER, FARRELL, CANESTRARI, GREENE -- read once
and referred to the Committee on Ways and Means
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.
9 (b) State-paid judges and justices shall receive annual salaries as
10 follows:
11 1. (i) A justice of the supreme court shall receive an annual salary
12 of one hundred sixty-five thousand two hundred dollars, effective Janu-
13 ary first, two thousand seven.
14 (ii) Except as otherwise provided by law, on the first day of April in
15 each year commencing on or after two thousand eight, if the annual sala-
16 ry of a judge of the United States district court was increased within
17 the preceding twelve months, the annual salary of a justice of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11739-02-7
A. 7913 2
1 supreme court shall be increased by adding thereto a percentage thereof
2 equaling the percentage by which the salary of a judge of the United
3 States district court was increased in such twelve-month period.
4 2. The following judges and justices shall receive an annual salary
5 equaling that of a justice of the supreme court plus a percentage there-
6 of as set forth in this paragraph:
7 (i) chief judge of the court of appeals, fourteen and twelve one
8 hundredths percent;
9 (ii) associate judges of the court of appeals, ten and sixty-one one
10 hundredths percent;
11 (iii) presiding justices of the appellate division, seven and ninety-
12 seven one hundredths percent;
13 (iv) associate justices of the appellate division, the presiding judge
14 of the court of claims and judges who are designated deputy chief admin-
15 istrative judges, five and thirty-four one hundredths percent;
16 (v) presiding justices of the appellate term, judges who are desig-
17 nated deputy or assistant administrative judges within the city of New
18 York and judges and justices who are designated administrative judges
19 for a judicial district or county outside the city of New York, three
20 and and fifty-one one hundredths percent;
21 (vi) associate justices of the appellate term, two and nineteen one
22 hundredths percent; and
23 (vii) judges of the court of claims, no additional percentage.
24 3. The following judges shall receive an annual salary equaling a
25 percentage of that of a justice of the supreme court, as set forth in
26 this paragraph:
27 (i) judges of the county court, judges of the family court and judges
28 of the surrogate's court, ninety-five percent;
29 (ii) judges of the New York city civil court, judges of the New York
30 city criminal court and judges of the district court, ninety-three
31 percent; and
32 (iii) judges of a city court outside the city of New York who are not
33 permitted to practice law, ninety percent.
34 Notwithstanding the other provisions of this paragraph, any judge
35 specified in subparagraph (i) of this paragraph, in an office that on
36 December thirty-first, two thousand six was paid an annual salary that
37 was more than ninety-five percent of the annual salary paid a justice of
38 the supreme court on such date, shall receive an annual salary equaling
39 an amount bearing the same proportion to the salary of a justice of the
40 supreme court as the annual salary of his or her office bore to the
41 salary of a justice of the supreme court on December thirty-first, two
42 thousand six. In the event a new judgeship is established for a county
43 court, family court or surrogate's court on a date after December thir-
44 ty-first, two thousand six, the annual salary for such office shall
45 equal the annual salary for each other judgeship already established
46 for such court on such date.
47 4. (i) Each judge of a city court outside the city of New York, who is
48 permitted to practice law, shall receive an annual salary equaling an
49 amount bearing the same proportion to the salary of the lowest-paid
50 judge of a city court who is not permitted to practice law as the sala-
51 ry of his or her office on December thirty-first, two thousand six bore
52 to the salary of such lowest-paid judge on such date; except that,
53 effective April first, two thousand seven, each judge of a city court
54 outside the city of New York who is permitted to practice law shall
55 receive an annual salary equaling an amount bearing the same proportion
56 to the salary of the lowest-paid judge of a city court who is not
A. 7913 3
1 permitted to practice law as the salary of his or her office on April
2 first, two thousand seven bears to the salary for such lowest-paid judge
3 on such date pursuant to the provisions of chapter four hundred ninety-
4 three of the laws of two thousand six.
5 (ii) In the event a new judgeship is established for a city court
6 outside the city of New York on a date after December thirty-first, two
7 thousand six, and the person who holds such office is permitted to prac-
8 tice law, the annual salary for such office on the date of its estab-
9 lishment shall be as provided by law. Thereafter the annual salary of
10 such office shall be as provided in subparagraph (i) of this paragraph
11 except that, for purposes of such subparagraph (i), the date on which
12 such office was established shall be substituted for the date specified
13 therein.
14 5. Notwithstanding any other provision of this section, the annual
15 salaries of each of the following judges, as specified in paragraph
16 three of this subdivision, shall be increased by the amounts set forth
17 in this paragraph:
18 (i) each chief judge of a city court outside the city of New York, who
19 is not permitted to practice law, an amount equal to one and five one
20 hundredths percent of his or her annual salary; and
21 (ii) each president of the board of judges of a district court, an
22 amount equal to three and forty-two one hundredths percent of his or her
23 annual salary.
24 § 2. Subdivision (f) of section 110 of the New York city civil court
25 act, as amended by chapter 324 of the laws of 2001, is amended to read
26 as follows:
27 (f) The housing judges shall be appointed by the administrative judge
28 from a list of persons selected annually as qualified by training,
29 interest, experience, judicial temperament and knowledge of federal,
30 state and local housing laws and programs by the advisory council for
31 the housing part. The annual salary of a housing judge shall [be one
32 hundred fifteen thousand four hundred dollars] equal an amount repres-
33 enting ninety-five percent of the annual salary of a judge of the New
34 York city civil court.
35 § 3. (a) There shall be established a special commission on executive
36 and legislative compensation to:
37 (i) examine, evaluate and make recommendations with respect to the
38 level of compensation for the governor, lieutenant governor, attorney
39 general, comptroller and those state officers referred to in section 169
40 of the executive law, effective January 1, 2008 or on any sooner date
41 not earlier than January 1, 2007; and for members of the legislature,
42 effective January 1, 2009;
43 (ii) determine whether, for any period of four years beginning with
44 the year 2008, the formula for annual salary adjustment set forth in
45 subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
46 the judiciary law, as added by section one of this act, warrants adjust-
47 ment; and
48 (iii) examine, evaluate and make recommendations with respect to non-
49 salary benefits of the governor, lieutenant governor, attorney general,
50 comptroller, those state officers referred to in section 169 of the
51 executive law, members of the legislature, and state-paid judges and
52 justices of the unified court system.
53 (b) In discharging its responsibilities under subdivision (a) of this
54 section, the commission shall take into account all appropriate factors
55 including, but not limited to: the overall economic climate; inflation
56 and changes in public sector spending since January 1, 1999; the levels
A. 7913 4
1 of compensation and non-salary benefits received by executive branch
2 officials and legislators of other states and of the federal government;
3 the levels of compensation and non-salary benefits received by profes-
4 sionals in government, academia and private and nonprofit enterprise;
5 and the state's ability to fund increases in compensation and non-salary
6 benefits.
7 (c) The commission shall consist of 13 members to be appointed as
8 follows: 4 shall be appointed by the governor; 2 shall be appointed by
9 the temporary president of the senate; 1 shall be appointed by the
10 minority leader of the senate; 2 shall be appointed by the speaker of
11 the assembly; 1 shall be appointed by the minority leader of the assem-
12 bly; and 3 shall be appointed by the chief judge of the state. Of the
13 members appointed by an official pursuant to this subdivision, where
14 such official has more than one such appointment, at least one-half (at
15 least a majority, in the case of the governor) shall not be employees of
16 the state or any political subdivision thereof, and at least one-half
17 shall not be members of the bar of the state. The governor shall desig-
18 nate the chair of the commission from among the members so appointed.
19 Vacancies in the commission shall be filled in the same manner as
20 original appointments. To the extent practicable, members of the commis-
21 sion shall have experience in one or more of the following: determi-
22 nation of executive compensation, human resource administration and
23 financial management.
24 (d) The commission may meet within and without the state, may hold
25 public hearings and shall have all the powers of a legislative committee
26 pursuant to the legislative law.
27 (e) The members of the commission shall receive no compensation for
28 their services but shall be allowed their actual and necessary expenses
29 incurred in the performance of their duties pursuant to this section.
30 (f) No member of the commission shall be disqualified from holding any
31 other public office or employment, nor shall he or she forfeit any such
32 office or employment by reason of his or her appointment pursuant to
33 this section, notwithstanding the provisions of any general, special or
34 local law, regulation, ordinance or city charter.
35 (g) To the maximum extent feasible, the commission shall be entitled
36 to request and receive and shall utilize and be provided with such
37 facilities, resources and data of any court, department, division,
38 board, bureau, commission, agency or public authority of the state or
39 any political subdivision thereof as it may reasonably request to carry
40 out properly its powers and duties pursuant to this section.
41 (h) The commission may employ and at its pleasure remove such person-
42 nel as it may deem necessary for the performance of its functions and
43 fix compensation within amounts made available therefor by appropri-
44 ation.
45 (i) (i) The commission shall make a report to the governor, the legis-
46 lature and the chief judge of the state of its findings, conclusions,
47 determinations and recommendations not later than September 1, 2007.
48 (ii) Effective January 1, 2008, the levels of compensation recommended
49 by the commission pursuant to paragraph (i) of subdivision (a) of this
50 section, except those applying to members of the legislature, the gover-
51 nor and lieutenant governor shall have the force of law and shall super-
52 sede inconsistent provisions of subdivision 1 of section 40, section 60
53 and paragraph (a) of subdivision 2 of section 169 of the executive law
54 unless sooner modified or abrogated by statute.
55 (iii) Effective January 1, 2009, the levels of compensation recom-
56 mended by the commission pursuant to paragraph (i) of subdivision (a) of
A. 7913 5
1 this section for members of the legislature shall have the force of law
2 and shall supersede inconsistent provisions of subdivision 1 of section
3 5 of the legislative law unless sooner modified or abrogated by statute.
4 (iv) Each recommendation of the commission made to implement a deter-
5 mination pursuant to paragraph (ii) of subdivision (a) of this section
6 shall have the force of law, and shall supersede inconsistent provisions
7 of subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
8 the judiciary law, as added by section one of this act, unless modified
9 or abrogated by statute prior to April first of the year as to which
10 such determination applies.
11 (j) Upon the making of its report as provided in subdivision (i) of
12 this section, the commission established pursuant to this section shall
13 be deemed dissolved.
14 § 4. (a) On the first of April of every fourth year, commencing April
15 1, 2011, there shall be established for such year a commission on execu-
16 tive, legislative and judicial compensation to examine, evaluate and
17 make recommendations with respect to adequate levels of compensation and
18 non-salary benefits for the governor, lieutenant governor, attorney
19 general, comptroller, those state officers referred to in section 169 of
20 the executive law, members of the legislature, and judges and justices
21 of the state-paid courts of the unified court system. In accordance with
22 the provisions of this section, the commission shall:
23 (i) examine the prevailing adequacy of pay levels and non-salary bene-
24 fits received by the governor, lieutenant governor, attorney general,
25 comptroller, those state officers referred to in section 169 of the
26 executive law, members of the legislature, and judges and justices of
27 the state-paid courts of the unified court system and determine whether
28 any of such pay levels warrant adjustment; and
29 (ii) determine whether, for any of the four years following the year
30 in which the commission is established, the formula for annual salary
31 adjustment set forth in subparagraph (ii) of paragraph 1 of subdivision
32 (b) of section 221 of the judiciary law, as added by section one of this
33 act, warrants adjustment.
34 In discharging its responsibilities under paragraphs (i) and (ii) of
35 this subdivision, the commission shall take into account all appropriate
36 factors including, but not limited to: the overall economic climate;
37 rates of inflation; changes in public-sector spending; the levels of
38 compensation and non-salary benefits received by judges, executive
39 branch officials and legislators of other states and of the federal
40 government; the levels of compensation and non-salary benefits received
41 by professionals in government, academia and private and nonprofit
42 enterprise; and the state's ability to fund increases in compensation
43 and non-salary benefits.
44 (b) The commission shall consist of 13 members to be appointed as
45 follows: 4 shall be appointed by the governor; 2 shall be appointed by
46 the temporary president of the senate; 1 shall be appointed by the
47 minority leader of the senate; 2 shall be appointed by the speaker of
48 the assembly; 1 shall be appointed by the minority leader of the assem-
49 bly; and 3 shall be appointed by the chief judge of the state. Of the
50 members appointed by an official pursuant to this subdivision, where
51 such official has more than one such appointment, at least one-half (at
52 least a majority, in the case of the governor) shall not be employees of
53 the state or any political subdivision thereof, and at least one-half
54 shall not be members of the bar of the state. The governor shall desig-
55 nate the chair of the commission from among the members so appointed.
56 Vacancies in the commission shall be filled in the same manner as
A. 7913 6
1 original appointments. To the extent practicable, members of the commis-
2 sion shall have experience in one or more of the following: determi-
3 nation of executive compensation, human resource administration and
4 financial management.
5 (c) The commission may meet within and without the state, may hold
6 public hearings and shall have all the powers of a legislative committee
7 pursuant to the legislative law.
8 (d) The members of the commission shall receive no compensation for
9 their services but shall be allowed their actual and necessary expenses
10 incurred in the performance of their duties hereunder.
11 (e) No member of the commission shall be disqualified from holding any
12 other public office or employment, nor shall he or she forfeit any such
13 office or employment by reason of his or her appointment pursuant to
14 this section, notwithstanding the provisions of any general, special or
15 local law, regulation, ordinance or city charter.
16 (f) To the maximum extent feasible, the commission shall be entitled
17 to request and receive and shall utilize and be provided with such
18 facilities, resources and data of any court, department, division,
19 board, bureau, commission, agency or public authority of the state or
20 any political subdivision thereof as it may reasonably request to carry
21 out properly its powers and duties pursuant to this section.
22 (g) The commission may employ and at its pleasure remove such person-
23 nel as it may deem necessary for the performance of its functions and
24 fix compensation within amounts made available therefor by appropri-
25 ation.
26 (h) The commission shall make a report to the governor, the legisla-
27 ture and the chief judge of the state of its findings, conclusions,
28 determinations and recommendations, if any, not later than one hundred
29 fifty days after its establishment. Each recommendation made to imple-
30 ment a determination pursuant to paragraph (ii) of subdivision (a) of
31 this section shall have the force of law, and shall supersede inconsist-
32 ent provisions of subparagraph (ii) of paragraph 1 of subdivision (b) of
33 section 221 of the judiciary law, as added by section one of this act,
34 unless modified or abrogated by statute prior to April first of the year
35 as to which such determination applies.
36 (i) Upon the making of its report as provided in subdivision (h) of
37 this section, each commission established pursuant to this section shall
38 be deemed dissolved.
39 § 5. (a) On the first of April in each year commencing on or after
40 2008, the annual salaries of the attorney general, the comptroller and
41 those state officers referred to in section 169 of the executive law
42 shall each be increased by adding thereto a percentage thereof equaling
43 the percentage, if any, by which the salary of a justice of the supreme
44 court is increased on such date pursuant to subparagraph (ii) of para-
45 graph 1 of subdivision (b) of section 221 of the judiciary law, as added
46 by section one of this act.
47 (b) On January 1, 2009 and on the first of January of every second
48 year thereafter, the annual salaries of members of the legislature shall
49 be increased by adding thereto a percentage thereof equaling the
50 percentage, if any, by which the salary of a justice of the supreme
51 court was increased during the preceding two-year period pursuant to
52 subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
53 the judiciary law, as added by section one of this act.
54 § 6. Date of entitlement to salary increase. Notwithstanding the
55 provisions of this act or of any other law, each increase in salary or
56 compensation of any officer or employee provided by this act shall be
A. 7913 7
1 added to the salary or compensation of such officer or employee at the
2 beginning of that payroll period the first day of which is nearest to
3 the effective date of such increase as provided in this act, or at the
4 beginning of the earlier of two payroll periods the first days of which
5 are nearest but equally near to the effective date of such increase as
6 provided in this act; provided, however, the payment of such salary
7 increase pursuant to this section on a date prior thereto instead of on
8 such effective date, shall not operate to confer any additional salary
9 rights or benefits on such officer or employee.
10 § 7. The annual salaries as prescribed pursuant to this act for the
11 comptroller, the attorney general, officers holding positions referred
12 to in subdivision 1 of section 169 of the executive law, state-paid
13 judges and justices of the unified court system and members of the
14 legislature, whenever adjusted pursuant to the provisions of this act,
15 shall be rounded up to the nearest multiple of one hundred dollars.
16 § 8. The sum of forty-eight million two hundred thousand dollars
17 ($48,200,000), or so much thereof as may be necessary, is hereby appro-
18 priated out of any moneys in the state treasury in the general fund to
19 the credit of the state purposes account, not otherwise appropriated,
20 and made immediately available to the administrative office of the
21 courts for payment pursuant to the provisions of sections one and two of
22 this act.
23 § 9. This act shall take effect immediately; provided, that the
24 provisions of sections one and two of this act shall be deemed to have
25 been in full force and effect on and after January 1, 2007.
