Relates to requiring the commission on legislative, judicial and executive compensation to define "outside active employment" and the types of prohibited income for legislators and requires the commission to issue a report on their findings of legislative compensation and prohibited income from outside active employment.
STATE OF NEW YORK
________________________________________________________________________
6449
IN SENATE
January 13, 2016
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend part E of chapter 60 of the laws of 2015, relating to
establishing a commission on legislative, judicial and executive
compensation, and providing for the powers and duties of the commis-
sion, in relation to prohibiting compensation from outside active
employment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of part E of chapter 60 of the laws of 2015
2 relating to establishing a commission on legislative, judicial and exec-
3 utive compensation, and providing for the powers and duties of the
4 commission is amended to read as follows:
5 § 2. 1. On the first of June of every fourth year, commencing June 1,
6 2015, there shall be established a commission on legislative, judicial
7 and executive compensation to examine, evaluate and make recommendations
8 with respect to adequate levels of compensation and non-salary benefits
9 for members of the legislature, judges and justices of the state-paid
10 courts of the unified court system, statewide elected officials, and
11 those state officers referred to in section 169 of the executive law.
12 2. (a) In accordance with the provisions of this section, the commis-
13 sion shall examine: (1) the prevailing adequacy of pay levels and other
14 non-salary benefits received by members of the legislature, statewide
15 elected officials, and those state officers referred to in section 169
16 of the executive law; and
17 (2) the prevailing adequacy of pay levels and non-salary benefits
18 received by the judges and justices of the state-paid courts of the
19 unified court system and housing judges of the civil court of the city
20 of New York and determine whether any of such pay levels warrant adjust-
21 ment; and
22 (b) The commission shall determine whether: (1) for any of the four
23 years commencing on the first of April of such years, following the year
24 in which the commission is established, the annual salaries for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13501-03-6
S. 6449 2
1 judges and justices of the state-paid courts of the unified court system
2 and housing judges of the civil court of the city of New York warrant an
3 increase; and
4 (2) on the first of January after the November general election at
5 which members of the state legislature are elected following the year in
6 which the commission is established, and on the first of January follow-
7 ing the next such election, the like annual salaries and allowances of
8 members of the legislature, and salaries of statewide elected officials
9 and state officers referred to in section 169 of the executive law
10 warrant an increase. Additionally, the commission shall define "outside
11 active employment" and the types of prohibited income for members of the
12 legislature pursuant to section 6-a of article 3 of the constitution.
13 3. In discharging its responsibilities under subdivision two of this
14 section, the commission shall take into account all appropriate factors
15 including, but not limited to: the overall economic climate; rates of
16 inflation; changes in public-sector spending; the levels of compensation
17 and non-salary benefits received by executive branch officials and
18 legislators of other states and of the federal government; the levels of
19 compensation and non-salary benefits received by professionals in
20 government, academia and private and nonprofit enterprise; [and] the
21 state's ability to fund increases in compensation and non-salary bene-
22 fits; and the definitions of income from outside active employment
23 utilized by the United States Congress and other state legislatures
24 where applicable.
25 § 2. Paragraph 7 of section 3 of part E of chapter 60 of the laws of
26 2015 relating to establishing a commission on legislative, judicial and
27 executive compensation, and providing for the powers and duties of the
28 commission is amended to read as follows:
29 7. The commission shall make a report to the governor, the legislature
30 and the chief judge of the state of its findings, conclusions, determi-
31 nations and recommendations, if any, not later than the thirty-first of
32 December of the year in which the commission is established for judicial
33 compensation and the fifteenth of November the following year for
34 [legislative and] executive compensation and legislative compensation
35 and prohibited income from outside active employment. Any findings,
36 conclusions, determinations and recommendations in the report must be
37 adopted by a majority vote of the commission and findings, conclusions,
38 determinations and recommendations with respect to executive [and legis-
39 lative] compensation and legislative compensation and prohibited income
40 from outside active employment shall also be supported by at least one
41 member appointed by each appointing authority. Each recommendation made
42 to implement a determination pursuant to section two of this act shall
43 have the force of law, and shall supersede, where appropriate, incon-
44 sistent provisions of article 7-B of the judiciary law, section 169 of
45 the executive law, and sections 5 and 5-a of the legislative law, unless
46 modified or abrogated by statute prior to April first of the year as to
47 which such determination applies to judicial compensation and January
48 first of the year as to which such determination applies to [legislative
49 and] executive compensation and legislative compensation and prohibited
50 income from outside active employment.
51 § 3. This act shall take effect on the first of January next succeed-
52 ing the date upon which the people shall approve and ratify amendments
53 to Article III of the constitution by a majority of the electors voting
54 thereon, as proposed by legislative bill number S.6356 of 2016.
