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. LBD07886-01-9A. 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 mayA. 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.