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S05570 Summary:

BILL NOS05570
 
SAME ASSAME AS A06493
 
SPONSORLANZA
 
COSPNSR
 
MLTSPNSR
 
Amd Part E §§2 & 3, Chap 60 of 2015
 
Decreases the membership and removes judicial compensation from the purview of the commission on legislative, judicial and executive compensation; provides for determination of and a cost of living adjustment for judges and justices of the unified court system.
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S05570 Actions:

BILL NOS05570
 
03/08/2023REFERRED TO FINANCE
01/03/2024REFERRED TO FINANCE
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S05570 Memo:

Memo not available
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S05570 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5570
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      March 8, 2023
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        AN ACT to amend part E of chapter 60 of the laws of 2015, establishing a
          commission  on  legislative, judicial  and executive compensation, and
          providing for the powers and duties of  the  commission  and  for  the
          dissolution  of  the commission, in relation to decreasing the members
          of the commission and removing judicial compensation from the  purview
          of  the  commission; and relating to compensation and a cost of living
          adjustment for 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.  Section 2 and subdivisions 1 and 7 of section 3 of part E
     2  of chapter 60 of the laws of 2015, establishing a commission on legisla-
     3  tive, judicial,   and   executive compensation, and  providing  for  the
     4  powers  and  duties of the commission and for  the  dissolution  of  the
     5  commission, section 2 and subdivision 7  of  section  3  as  amended  by
     6  section  1  of part WW of chapter 55 of the laws of 2020, are amended to
     7  read as follows:
     8    § 2. 1. [(a)] On the first of June of every  fourth  year,  commencing
     9  June  1,  2015, there shall be established a commission on legislative[,
    10  judicial] and executive  compensation  to  examine,  evaluate  and  make
    11  recommendations  with  respect  to  adequate  levels of compensation and
    12  non-salary benefits for members of the legislature, [judges and justices
    13  of the state-paid courts of the unified court system,] statewide elected
    14  officials, and those state officers referred to in section  169  of  the
    15  executive law.
    16    [(b)  Notwithstanding  any  provision of this act to the contrary, the
    17  commission established in the year 2019 may examine, evaluate  and  make
    18  recommendations  with  respect  to  adequate  levels of compensation and
    19  non-salary benefits for judges and justices of the state-paid courts  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10082-01-3

        S. 5570                             2

     1  the  unified court system during its examination of and making recommen-
     2  dations for legislative and executive compensation in the year 2020.]
     3    2.  (a) In accordance with the provisions of this section, the commis-
     4  sion shall examine[: (1)] the prevailing  adequacy  of  pay  levels  and
     5  other non-salary benefits received by members of the legislature, state-
     6  wide  elected officials, and those state officers referred to in section
     7  169 of the executive law[; and
     8    (2) the prevailing adequacy of  pay  levels  and  non-salary  benefits
     9  received  by  the  judges  and  justices of the state-paid courts of the
    10  unified court system and housing judges of the civil court of  the  city
    11  of New York and determine whether any of such pay levels warrant adjust-
    12  ment]; and
    13    (b)  The  commission shall determine whether[: (1) for any of the four
    14  years commencing on the first of April of such years, following the year
    15  in which the commission is established or  authorized  by  this  act  to
    16  evaluate  and make recommendations on such salaries, the annual salaries
    17  for the judges and justices of the  state-paid  courts  of  the  unified
    18  court  system  and  housing judges of the civil court of the city of New
    19  York warrant an increase; and
    20    (2)], on the first of January after the November general  election  at
    21  which members of the state legislature are elected following the year in
    22  which the commission is established, and on the first of January follow-
    23  ing  the  next such election, the like annual salaries and allowances of
    24  members of the legislature, and salaries of statewide elected  officials
    25  and  state  officers  referred  to  in  section 169 of the executive law
    26  warrant an increase.
    27    3. In discharging its responsibilities under subdivision two  of  this
    28  section,  the commission shall take into account all appropriate factors
    29  including, but not limited to: the overall economic  climate;  rates  of
    30  inflation; changes in public-sector spending; the levels of compensation
    31  and  non-salary  benefits  received  by  executive  branch officials and
    32  legislators of other states and of the federal government; the levels of
    33  compensation  and  non-salary  benefits  received  by  professionals  in
    34  government,  academia  and  private  and  nonprofit  enterprise; and the
    35  state's ability to fund increases in compensation and  non-salary  bene-
    36  fits.
    37    1.  The  commission  shall  consist  of  [seven]  five  members  to be
    38  appointed as follows: three shall be  appointed  by  the  governor;  one
    39  shall  be  appointed  by  the temporary president of the senate; and one
    40  shall be appointed by the speaker of the assembly;  [and  two  shall  be
    41  appointed  by  the chief judge of the state, one of whom shall serve as]
    42  The chair of the commission  shall  be  chosen  by  a  majority  of  the
    43  appointed members.  [With regard to any matters regarding legislative or
    44  executive compensation, the chair shall preside but not vote.] Vacancies
    45  in  the  commission  shall  be  filled  in  the  same manner as original
    46  appointments. To the extent practicable, members of the commission shall
    47  have experience in one or more of the following: determination of execu-
    48  tive compensation, human resource administration  or  financial  manage-
    49  ment.  The terms of the members of the commission appointed by the chief
    50  judge  of the state shall terminate on the effective date of the chapter
    51  of the laws of 2023 which amended this subdivision.
    52    7. The commission shall make a  report  to  the  governor[,]  and  the
    53  legislature  [and the chief judge of the state] of its findings, conclu-
    54  sions, determinations and recommendations, if any, not  later  than  the
    55  [thirty-first  of December of the year in which the commission is estab-
    56  lished for judicial compensation and  the]  fifteenth  of  November  the

        S. 5570                             3
 
     1  following  year  for  legislative  and executive compensation; provided,
     2  however, the report made by the commission  in  the  year  two  thousand
     3  twenty  regarding judicial, legislative and executive compensation shall
     4  be  issued not later than November 15, 2020.  Any findings, conclusions,
     5  determinations and recommendations in the report must be  adopted  by  a
     6  majority  vote of the commission and shall also be supported by at least
     7  one member appointed by each appointing authority.  Each  recommendation
     8  made  to  implement  a determination pursuant to section two of this act
     9  shall have the force of law, and  shall  supersede,  where  appropriate,
    10  inconsistent provisions of article 7-B of the judiciary law, section 169
    11  of  the  executive  law,  and sections 5 and 5-a of the legislative law,
    12  unless modified or abrogated by statute prior to April first of the year
    13  as to which such determination  applies  to  judicial  compensation  and
    14  January  first  of  the  year  as to which such determination applies to
    15  legislative and executive compensation.
    16    § 2. 1. Cost of  living  adjustment.  (a)  Notwithstanding  any  other
    17  provision  of  law,  regulation, rule, or report, the salaries and addi-
    18  tions to salary established by law of judges and justices of the unified
    19  court system shall be increased as of January 1, 2020, and annually each
    20  year thereafter by a cost of living adjustment  (COLA).  Any  limitation
    21  established  by law for allowable travel and transportation expenses for
    22  a judge or justice serving outside her or his home  territory  shall  be
    23  adjusted  by  the  same proportion on the same date as the annual salary
    24  adjustment.
    25    (b) Calculation of adjustment. The COLA referred to in  paragraph  (a)
    26  of  this  subdivision shall be equal to the percentage increase, rounded
    27  to the nearest tenth of one percent, in the average Consumer Price Index
    28  for Urban Wage Earners and Clerical Workers (CPI-W)  determined  by  the
    29  United  States  Bureau  of Labor Statistics for the third quarter of the
    30  preceding calendar year compared to the average for the third quarter of
    31  the calendar year before the preceding   calendar  year.  If  the  CPI-W
    32  declines  or  the increase is less than 0.05 percent during such period,
    33  the COLA shall be zero.
    34    2. Catch-Up Payments. (a) The COLAs under paragraph (b) of subdivision
    35  one of this section for January 1, 2020, 2021, 2022, and  2023  are  1.6
    36  percent, 1.3 percent, 5.9 percent, and 8.7 percent, respectively.
    37   (b)  Any amount of salary or addition to salary due under paragraph (a)
    38  of this subdivision for a year prior to the effective date of  this  act
    39  shall  be  paid  in two equal installments on April 1, 2023 and April 1,
    40  2024.
    41    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    42  sion, section or part of this act shall be  adjudged  by  any  court  of
    43  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    44  impair, or invalidate the remainder thereof, but shall  be  confined  in
    45  its  operation  to the clause, sentence, paragraph, subdivision, section
    46  or part thereof directly involved in the controversy in which such judg-
    47  ment shall have been rendered. It is hereby declared to be the intent of
    48  the legislature that this act would  have  been  enacted  even  if  such
    49  invalid provisions had not been included herein.
    50    § 4. This act shall take effect immediately; provided that section two
    51  of this act shall be deemed to have been in full force and effect on and
    52  after January 1, 2020.
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