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S08521 Summary:

BILL NOS08521
 
SAME ASNo Same As
 
SPONSORWEBER
 
COSPNSR
 
MLTSPNSR
 
Amd §§5 & 5-a, Leg L; amd §24, St Fin L; add §13, Exec L
 
Provides that if legislative passage of the budget has not occurred prior to the first day of any fiscal year, the bi-weekly salary installment payments of the governor and members of the legislature to be paid on or after such day shall be withheld and forfeited in perpetuity until such legislative passage of the budget has occurred.
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S08521 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8521
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     October 3, 2025
                                       ___________
 
        Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the legislative  law  and  the  state  finance  law,  in
          relation  to  the payment of compensation and allowances to members of
          the state legislature; and to amend the executive law, in relation  to
          compensation of the governor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section  5  of  the  legislative  law,  as
     2  amended  by  chapter  635  of the laws of 1998, the opening paragraph as
     3  amended by chapter 841 of the laws  of  2022,  is  amended  to  read  as
     4  follows:
     5    1.  Effective January first, two thousand twenty-three, each member of
     6  the legislature shall receive a salary of one hundred forty-two thousand
     7  dollars per annum. Such salary of a member of the legislature  shall  be
     8  payable  in twenty-six bi-weekly installments provided, however, that if
     9  legislative passage of the budget as defined  in  subdivision  three  of
    10  this section has not occurred prior to the first day of any fiscal year,
    11  the  net  amount of any such bi-weekly salary installment payments to be
    12  paid on or after such day shall be withheld and  [not  paid  until  such
    13  legislative passage of the budget has occurred whereupon bi-weekly sala-
    14  ry installment payments shall resume and an amount equal to the accrued,
    15  withheld and unpaid installments shall be promptly paid to] forfeited in
    16  perpetuity by each member.
    17    For purposes of this section, net amount shall mean gross salary minus
    18  any  or  all  of  the  following deductions: federal taxes, state taxes,
    19  social security taxes, city taxes, payments on retirement loans, retire-
    20  ment contributions, contributions to health  insurance  or  other  group
    21  insurance programs, child support and court ordered payments.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13856-01-5

        S. 8521                             2
 
     1    §  2.  Paragraph  c of subdivision 2 of section 5-a of the legislative
     2  law, as added by chapter 635 of the laws of 1998, is amended to read  as
     3  follows:
     4    c.  If  legislative  passage  of  the budget as defined in subdivision
     5  three of section five of this article has  not  occurred  prior  to  the
     6  first  day  of any fiscal year, the net amount of any allowances author-
     7  ized pursuant to this section to be paid on or after such date shall  be
     8  withheld  and [not paid until such legislative passage of the budget has
     9  occurred whereupon the payment of such allowances in an amount equal  to
    10  the  withheld  and unpaid payments shall be paid pursuant to paragraph b
    11  of this subdivision] forfeited in perpetuity by each member.
    12    For purposes of this section, net amount shall mean gross salary minus
    13  any or all of the following  deductions:  federal  taxes,  state  taxes,
    14  social security taxes, city taxes, payments on retirement loans, retire-
    15  ment  contributions,  contributions  to  health insurance or other group
    16  insurance programs, child support and court ordered payments.
    17    § 3. Subdivision 2 of section 24 of the state finance law  is  amended
    18  by adding a new paragraph (c) to read as follows:
    19    (c)  On or after April first, two thousand twenty-six, any such salary
    20  installment payments to be paid on or after such day to the governor and
    21  members of the legislature shall be withheld and be forfeited in  perpe-
    22  tuity until such legislative passage of the budget has occurred.
    23    §  4.  The executive law is amended by adding a new section 13 to read
    24  as follows:
    25    § 13. Compensation of the governor; legislative passage of the budget.
    26  1. If legislative passage of the budget has not occurred  prior  to  the
    27  first  day  of any fiscal year, the governor's bi-weekly salary install-
    28  ment payments to be paid on or after such  day  shall  be  withheld  and
    29  forfeited in perpetuity until such legislative passage of the budget has
    30  occurred.
    31    2. For the purposes of this section, "legislative passage of the budg-
    32  et"  shall  mean  that  the appropriation bill or bills submitted by the
    33  governor pursuant to section three of article seven of the state consti-
    34  tution have been finally acted on by both houses of the  legislature  in
    35  accordance  with  article  seven of the state constitution and the state
    36  comptroller has determined that such appropriation bill  or  bills  that
    37  have  been  finally  acted  on by the legislature are sufficient for the
    38  ongoing operation and support of state government and  local  assistance
    39  for  the  ensuing fiscal year. In addition, legislation submitted by the
    40  governor pursuant to section three of article seven of the state consti-
    41  tution determined necessary by the legislature for the effective  imple-
    42  mentation of such appropriation bill or bills shall have been acted on.
    43    § 5. This act shall take effect immediately.
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