STATE OF NEW YORK
________________________________________________________________________
5122
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
___________
Introduced by M. of A. RAIA, MONTESANO, DenDEKKER, PALMESANO, McDONOUGH,
GIGLIO, HAWLEY, FINCH -- Multi-Sponsored by -- M. of A. DiPIETRO,
THIELE -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the civil service law, the public authorities law, the
legislative law, the public officers law, the general municipal law,
the executive law and the judiciary law, in relation to placing a
limit on the annual salary of state officers and employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130 of the civil service law is amended by adding a
2 new subdivision 15 to read as follows:
3 15. Notwithstanding any provision of this section or provision of law
4 to the contrary, no officer or employee to whom the provisions of this
5 subdivision apply shall be entitled to an increase in annual salary, if
6 the annual salary of that officer or employee at the time equals or
7 exceeds, or with the increase would equal or exceed, the annual salary
8 of the governor, unless such increase is approved by a majority vote of
9 both the senate and assembly; provided further that this subdivision
10 shall not apply where an agreement between the state and a certified
11 employee organization entered into pursuant to article fourteen of this
12 chapter provides for such an increase on behalf of a position in a
13 collective negotiating unit represented by such employee organization.
14 § 2. The title heading of title 1 of article 1 of the public authori-
15 ties law, as added by chapter 506 of the laws of 2009, is amended to
16 read as follows:
17 SHORT TITLE; DEFINITIONS; EMPLOYEES SALARY CAP
18 § 3. The public authorities law is amended by adding a new section 3
19 to read as follows:
20 § 3. Employees salary cap. Notwithstanding any provision of this
21 chapter or any other provision of law to the contrary, no officer or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07886-01-9
A. 5122 2
1 employee of any public authority shall be entitled to an increase in
2 annual salary, if the annual salary of that officer or employee at the
3 time equals or exceeds, or with the increase would equal or exceed, the
4 annual salary of the governor, unless such increase is approved by a
5 majority vote of both the senate and assembly; provided further that
6 this section shall not apply where an employment agreement between a
7 public authority and such officer or employee entered into prior to the
8 effective date of this section provides for such an increase.
9 § 4. Section 10 of the legislative law, as amended by chapter 230 of
10 the laws of 1949, is amended to read as follows:
11 § 10. Compensation of officers and employees. a. The secretary of the
12 senate, the clerk of the assembly, and all other officers and employees
13 of the senate and assembly, shall be paid the compensation fixed by the
14 appointing officer within the amount provided by appropriation.
15 b. Notwithstanding any provision of this chapter or any other
16 provision of law to the contrary, no officer or employee of the legisla-
17 ture shall be entitled to an increase in annual salary, if the annual
18 salary of that office or employee at the time equals or exceeds, or with
19 the increase would equal or exceed, the annual salary of the governor,
20 unless such increase is approved by a majority vote of both the senate
21 and assembly; provided further that this section shall not apply where
22 an employment agreement between the legislature and such officer or
23 employee provides for such an increase.
24 § 5. The public officers law is amended by adding a new section 71-a
25 to read as follows:
26 § 71-a. State and local officers and employees salary cap. Notwith-
27 standing any provision of this chapter or any other provision of law to
28 the contrary, no state officer or local officer, as defined in section
29 two of this chapter, or employee thereof, shall be entitled to an
30 increase in annual salary, if the annual salary of that officer or
31 employee at the time equals or exceeds, or with the increase would equal
32 or exceed, the annual salary of the governor, unless such increase is
33 approved by a majority vote of both the senate and assembly; provided
34 further that this section shall not apply where an employment agreement
35 between such state or local office and such officer or employee entered
36 into provides for such an increase.
37 § 6. The general municipal law is amended by adding a new section 90-a
38 to read as follows:
39 § 90-a. Public officers and employees salary cap. Notwithstanding any
40 provision of this chapter or any other provision of law to the contrary,
41 no public officer or other employee employed by a municipal corporation,
42 as defined in section two of this chapter, shall be entitled to an
43 increase in annual salary, if the annual salary of that officer or
44 employee at the time equals or exceeds, or with the increase would equal
45 or exceed, the annual salary of the governor, unless such increase is
46 approved by a majority vote of both the senate and assembly; provided
47 further that this section shall not apply where an employment agreement
48 between such municipal corporation and such officer or employee provides
49 for such an increase.
50 § 7. Section 30 of the executive law is amended to read as follows:
51 § 30. Executive department. a. There shall continue to be in the state
52 government an executive department. The head of the executive department
53 shall be the governor. The governor may appoint such subordinates and
54 employees as may be necessary for the exercise of his powers and the
55 performance of his duties as head of the executive department, and may
A. 5122 3
1 prescribe their duties and fix their compensation within the amounts
2 appropriated therefor.
3 b. Notwithstanding any provision of this chapter or any other
4 provision of law to the contrary, no subordinate or employee employed by
5 the executive department shall be entitled to an increase in annual
6 salary, if the annual salary of that officer or employee at the time
7 equals or exceeds, or with the increase would equal or exceed, the annu-
8 al salary of the governor, unless such increase is approved by a majori-
9 ty vote of both the senate and assembly; provided further that this
10 section shall not apply where an employment agreement between such
11 municipal corporation and such officer or employee entered into provides
12 for such an increase.
13 § 8. Section 37 of the judiciary law is amended by adding a new subdi-
14 vision 4-a to read as follows:
15 4-a. Salary cap. Notwithstanding any provision of this chapter or any
16 other provision of law to the contrary, no non-judicial officer or
17 employee shall be entitled to an increase in annual salary, if the annu-
18 al salary of that officer or employee at the time equals or exceeds, or
19 with the increase would equal or exceed, the annual salary of the gover-
20 nor, unless such increase is approved by a majority vote of both the
21 senate and assembly; provided further that this section shall not apply
22 where an agreement, between the state and a certified employee organiza-
23 tion entered into pursuant to article fourteen of the civil service law
24 provides for such an increase on behalf of a position in a collective
25 negotiating unit represented by such employee organization or where any
26 other employment agreement between the state and such officer or employ-
27 ees provides for such an increase.
28 § 9. This act shall take effect immediately.
