What's happening
This bill changes when withheld legislative salaries and allowances are paid if the New York State budget is late, delaying them until year-end.
Why it matters
Increases pressure on legislators to pass the state budget on time. by making them wait until the end of the year, rather than right after the budget passes, to receive any withheld salary and allowances, potentially making budget delays personally costly.
Eliminates immediate financial relief for lawmakers after a late budget is resolved. , as all missed payments are held until the year’s final paycheck, not restored as soon as the budget passes, which could impact lawmakers with less financial flexibility.
Shifts the timeline for receiving retroactive pay. , meaning even a short budget delay could result in months-long waits for withheld compensation, possibly changing legislative behavior or negotiation dynamics during budget season.
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Who cares
Headline styles
Change Lawmakers' Pay Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4320
2017-2018 Regular Sessions
IN SENATE
February 9, 2017
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the legislative law, in relation to the payment of compensation and allowances to members of the state legislature
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 5 of the legislative law, as amended by chapter 635 of the laws of 1998, is amended to read as follows:
1. Effective January first, nineteen hundred ninety-nine, each member of the legislature shall receive a salary of seventy-nine thousand five hundred dollars per annum. Such salary of a member of the legislature shall be payable in twenty-six bi-weekly installments provided, however, that if legislative passage of the budget as defined in subdivision three of this section has not occurred prior to the first day of any fiscal year, the net amount of any such bi-weekly salary installment payments to be paid on or after such day shall be withheld and not paid until [such legislative passage of the budget has occurred whereupon] the date the final bi-weekly salary installment [payments shall resume] payment of the year is due and then an amount equal to the accrued, withheld and unpaid installments shall be promptly paid to each member.
For purposes of this section, net amount shall mean gross salary minus any or all of the following deductions: federal taxes, state taxes, social security taxes, city taxes, payments on retirement loans, retirement contributions, contributions to health insurance or other group insurance programs, child support and court ordered payments.
§ 2. Paragraph c of subdivision 2 of section 5-a of the legislative law, as added by chapter 635 of the laws of 1998, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06369-01-7
S. 4320 2
c. If legislative passage of the budget as defined in subdivision three of section five of this article has not occurred prior to the first day of any fiscal year, the net amount of any allowances authorized pursuant to this section to be paid on or after such date shall be withheld and not paid until [such legislative passage of the budget has occurred] the date the final bi-weekly salary installment payment of the year is due whereupon the payment of such allowances in an amount equal to the withheld and unpaid payments shall be paid pursuant to paragraph b of this subdivision.
For purposes of this section, net amount shall mean gross salary minus any or all of the following deductions: federal taxes, state taxes, social security taxes, city taxes, payments on retirement loans, retirement contributions, contributions to health insurance or other group insurance programs, child support and court ordered payments.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the legislative law, in relation to the payment of compensation and allowances to members of the state legislature
Purpose or general idea of the bill
This bill would withhold the pay of each member of the legislature until the final bi-weekly salary installment once the budget deadline has passed without a new budget in place.
Summary
Subdivision 1 of section 5 of the legislative law provides for the withholding of the pay from the members of the legislature from April 1 until the state budget is finally adopted. This bill amends subdivision 5 to require the withholding of all legislators' paychecks until the final bi-weekly paycheck.
Justification
School districts, non-profit community organizations, local governments and road projects all need to be able to depend on the timely adoption of a state budget. However, year after year, the New York State budget is late, and in some years, over sixty days late. In 1998, in an effort to expedite the budget process, the legislature approved the withholding of legislators' paychecks until the budget was finally adopted. However, the State Budget was late again in 1999, 2000, 2001, 2002, 2003, and in 2004. Obviously, the delaying of paychecks for a few weeks was not motivation enough to get the budget process moving. Perhaps, the withholding of the members of the legislature's paychecks until the end of the year would provide the incentive to finally accomplish an on-time budget.
Prior legislative history
New Bill
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.