STATE OF NEW YORK ________________________________________________________________________ 5570 2023-2024 Regular Sessions IN SENATE March 8, 2023 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend part E of chapter 60 of the laws of 2015, establishing a commission on legislative, judicial and executive compensation, and providing for the powers and duties of the commission and for the dissolution of the commission, in relation to decreasing the members of the commission and removing judicial compensation from the purview of the commission; and relating to compensation and a cost of living adjustment for judges and justices of the unified court system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2 and subdivisions 1 and 7 of section 3 of part E 2 of chapter 60 of the laws of 2015, establishing a commission on legisla- 3 tive, judicial, and executive compensation, and providing for the 4 powers and duties of the commission and for the dissolution of the 5 commission, section 2 and subdivision 7 of section 3 as amended by 6 section 1 of part WW of chapter 55 of the laws of 2020, are amended to 7 read as follows: 8 § 2. 1. [~~(a)~~] On the first of June of every fourth year, commencing 9 June 1, 2015, there shall be established a commission on legislative[, 10 ~~judicial~~] and executive compensation to examine, evaluate and make 11 recommendations with respect to adequate levels of compensation and 12 non-salary benefits for members of the legislature, [~~judges and justices~~ 13 ~~of the state-paid courts of the unified court system,~~] statewide elected 14 officials, and those state officers referred to in section 169 of the 15 executive law. 16 [~~(b) Notwithstanding any provision of this act to the contrary, the~~ 17 ~~commission established in the year 2019 may examine, evaluate and make~~ 18 ~~recommendations with respect to adequate levels of compensation and~~ 19 ~~non-salary benefits for judges and justices of the state-paid courts of~~ EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10082-01-3

S. 5570 2 1 ~~the unified court system during its examination of and making recommen-~~ 2 ~~dations for legislative and executive compensation in the year 2020.~~] 3 2. (a) In accordance with the provisions of this section, the commis- 4 sion shall examine[~~: (1)~~] the prevailing adequacy of pay levels and 5 other non-salary benefits received by members of the legislature, state- 6 wide elected officials, and those state officers referred to in section 7 169 of the executive law[~~; and~~ 8 ~~(2) the prevailing adequacy of pay levels and non-salary benefits~~ 9 ~~received by the judges and justices of the state-paid courts of the~~ 10 ~~unified court system and housing judges of the civil court of the city~~ 11 ~~of New York and determine whether any of such pay levels warrant adjust-~~ 12 ~~ment~~]; and 13 (b) The commission shall determine whether[~~: (1) for any of the four~~ 14 ~~years commencing on the first of April of such years, following the year~~ 15 ~~in which the commission is established or authorized by this act to~~ 16 ~~evaluate and make recommendations on such salaries, the annual salaries~~ 17 ~~for the judges and justices of the state-paid courts of the unified~~ 18 ~~court system and housing judges of the civil court of the city of New~~ 19 ~~York warrant an increase; and~~ 20 ~~(2)~~], on the first of January after the November general election at 21 which members of the state legislature are elected following the year in 22 which the commission is established, and on the first of January follow- 23 ing the next such election, the like annual salaries and allowances of 24 members of the legislature, and salaries of statewide elected officials 25 and state officers referred to in section 169 of the executive law 26 warrant an increase. 27 3. In discharging its responsibilities under subdivision two of this 28 section, the commission shall take into account all appropriate factors 29 including, but not limited to: the overall economic climate; rates of 30 inflation; changes in public-sector spending; the levels of compensation 31 and non-salary benefits received by executive branch officials and 32 legislators of other states and of the federal government; the levels of 33 compensation and non-salary benefits received by professionals in 34 government, academia and private and nonprofit enterprise; and the 35 state's ability to fund increases in compensation and non-salary bene- 36 fits. 37 1. The commission shall consist of [~~seven~~] five members to be 38 appointed as follows: three shall be appointed by the governor; one 39 shall be appointed by the temporary president of the senate; and one 40 shall be appointed by the speaker of the assembly; [~~and two shall be~~ 41 ~~appointed by the chief judge of the state, one of whom shall serve as~~] 42 The chair of the commission shall be chosen by a majority of the 43 appointed members. [~~With regard to any matters regarding legislative or~~ 44 ~~executive compensation, the chair shall preside but not vote.~~] Vacancies 45 in the commission shall be filled in the same manner as original 46 appointments. To the extent practicable, members of the commission shall 47 have experience in one or more of the following: determination of execu- 48 tive compensation, human resource administration or financial manage- 49 ment. The terms of the members of the commission appointed by the chief 50 judge of the state shall terminate on the effective date of the chapter 51 of the laws of 2023 which amended this subdivision. 52 7. The commission shall make a report to the governor[,] and the 53 legislature [~~and the chief judge of the state~~] of its findings, conclu- 54 sions, determinations and recommendations, if any, not later than the 55 [~~thirty-first of December of the year in which the commission is estab-~~ 56 ~~lished for judicial compensation and the~~] fifteenth of November the

S. 5570 3 1 following year for legislative and executive compensation; provided, 2 however, the report made by the commission in the year two thousand 3 twenty regarding judicial, legislative and executive compensation shall 4 be issued not later than November 15, 2020. Any findings, conclusions, 5 determinations and recommendations in the report must be adopted by a 6 majority vote of the commission and shall also be supported by at least 7 one member appointed by each appointing authority. Each recommendation 8 made to implement a determination pursuant to section two of this act 9 shall have the force of law, and shall supersede, where appropriate, 10 inconsistent provisions of article 7-B of the judiciary law, section 169 11 of the executive law, and sections 5 and 5-a of the legislative law, 12 unless modified or abrogated by statute prior to April first of the year 13 as to which such determination applies to judicial compensation and 14 January first of the year as to which such determination applies to 15 legislative and executive compensation. 16 § 2. 1. Cost of living adjustment. (a) Notwithstanding any other 17 provision of law, regulation, rule, or report, the salaries and addi- 18 tions to salary established by law of judges and justices of the unified 19 court system shall be increased as of January 1, 2020, and annually each 20 year thereafter by a cost of living adjustment (COLA). Any limitation 21 established by law for allowable travel and transportation expenses for 22 a judge or justice serving outside her or his home territory shall be 23 adjusted by the same proportion on the same date as the annual salary 24 adjustment. 25 (b) Calculation of adjustment. The COLA referred to in paragraph (a) 26 of this subdivision shall be equal to the percentage increase, rounded 27 to the nearest tenth of one percent, in the average Consumer Price Index 28 for Urban Wage Earners and Clerical Workers (CPI-W) determined by the 29 United States Bureau of Labor Statistics for the third quarter of the 30 preceding calendar year compared to the average for the third quarter of 31 the calendar year before the preceding calendar year. If the CPI-W 32 declines or the increase is less than 0.05 percent during such period, 33 the COLA shall be zero. 34 2. Catch-Up Payments. (a) The COLAs under paragraph (b) of subdivision 35 one of this section for January 1, 2020, 2021, 2022, and 2023 are 1.6 36 percent, 1.3 percent, 5.9 percent, and 8.7 percent, respectively. 37 (b) Any amount of salary or addition to salary due under paragraph (a) 38 of this subdivision for a year prior to the effective date of this act 39 shall be paid in two equal installments on April 1, 2023 and April 1, 40 2024. 41 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 42 sion, section or part of this act shall be adjudged by any court of 43 competent jurisdiction to be invalid, such judgment shall not affect, 44 impair, or invalidate the remainder thereof, but shall be confined in 45 its operation to the clause, sentence, paragraph, subdivision, section 46 or part thereof directly involved in the controversy in which such judg- 47 ment shall have been rendered. It is hereby declared to be the intent of 48 the legislature that this act would have been enacted even if such 49 invalid provisions had not been included herein. 50 § 4. This act shall take effect immediately; provided that section two 51 of this act shall be deemed to have been in full force and effect on and 52 after January 1, 2020.

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