S T A T E   O F   N E W   Y O R K
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                                  4501

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced  by  M. of A. RAIA, MONTESANO, DenDEKKER, REILICH, PALMESANO,
  McDONOUGH, KATZ, STEVENSON, GIGLIO, TENNEY -- Multi-Sponsored by -- M.
  of A. CERETTO, JORDAN, THIELE -- read once and referred to the Commit-
  tee 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:

  Section 1. Section 130 of the civil service law is amended by adding a
new subdivision 15 to read as follows:
  15. NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR PROVISION OF  LAW
TO  THE  CONTRARY, NO OFFICER OR EMPLOYEE TO WHOM THE PROVISIONS OF THIS
SUBDIVISION APPLY SHALL BE ENTITLED TO AN INCREASE IN ANNUAL SALARY,  IF
THE  ANNUAL  SALARY  OF  THAT  OFFICER OR EMPLOYEE AT THE TIME EQUALS OR
EXCEEDS, OR WITH THE INCREASE WOULD EQUAL OR EXCEED, THE  ANNUAL  SALARY
OF  THE GOVERNOR, UNLESS SUCH INCREASE IS APPROVED BY A MAJORITY VOTE OF
BOTH THE SENATE AND ASSEMBLY; PROVIDED  FURTHER  THAT  THIS  SUBDIVISION
SHALL  NOT  APPLY  WHERE  AN AGREEMENT BETWEEN THE STATE AND A CERTIFIED
EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF  THIS
CHAPTER  PROVIDES  FOR  SUCH  AN  INCREASE  ON BEHALF OF A POSITION IN A
COLLECTIVE NEGOTIATING UNIT REPRESENTED BY SUCH EMPLOYEE ORGANIZATION.
  S 2. The title heading of title 1 of article 1 of the public  authori-
ties  law,  as  added  by chapter 506 of the laws of 2009, is amended to
read as follows:
              SHORT TITLE; DEFINITIONS; EMPLOYEES SALARY CAP
  S 3. The public authorities law is amended by adding a new  section  3
to read as follows:
  S  3.  EMPLOYEES  SALARY  CAP.   NOTWITHSTANDING ANY PROVISION OF THIS
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.
                                                           LBD05232-01-3
              

A. 4501                             2

EMPLOYEE  OF  ANY  PUBLIC  AUTHORITY SHALL BE ENTITLED TO AN INCREASE IN
ANNUAL SALARY, IF THE ANNUAL SALARY OF THAT OFFICER OR EMPLOYEE  AT  THE
TIME  EQUALS OR EXCEEDS, OR WITH THE INCREASE WOULD EQUAL OR EXCEED, THE
ANNUAL  SALARY  OF  THE  GOVERNOR, UNLESS SUCH INCREASE IS APPROVED BY A
MAJORITY VOTE OF BOTH THE SENATE AND  ASSEMBLY;  PROVIDED  FURTHER  THAT
THIS  SECTION  SHALL  NOT  APPLY WHERE AN EMPLOYMENT AGREEMENT BETWEEN A
PUBLIC AUTHORITY AND SUCH OFFICER OR EMPLOYEE ENTERED INTO PRIOR TO  THE
EFFECTIVE DATE OF THIS SECTION PROVIDES FOR SUCH AN INCREASE.
  S  4.  Section 10 of the legislative law, as amended by chapter 230 of
the laws of 1949, is amended to read as follows:
  S 10. Compensation of officers and employees. A. The secretary of  the
senate,  the clerk of the assembly, and all other officers and employees
of the senate and assembly, shall be paid the compensation fixed by  the
appointing officer within the amount provided by appropriation.
  B.    NOTWITHSTANDING  ANY  PROVISION  OF  THIS  CHAPTER  OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, NO OFFICER OR EMPLOYEE OF THE LEGISLA-
TURE SHALL BE ENTITLED TO AN INCREASE IN ANNUAL SALARY,  IF  THE  ANNUAL
SALARY OF THAT OFFICE OR EMPLOYEE AT THE TIME EQUALS OR EXCEEDS, OR WITH
THE  INCREASE  WOULD EQUAL OR EXCEED, THE ANNUAL SALARY OF THE GOVERNOR,
UNLESS SUCH INCREASE IS APPROVED BY A MAJORITY VOTE OF BOTH  THE  SENATE
AND  ASSEMBLY;  PROVIDED FURTHER THAT THIS SECTION SHALL NOT APPLY WHERE
AN EMPLOYMENT AGREEMENT BETWEEN THE  LEGISLATURE  AND  SUCH  OFFICER  OR
EMPLOYEE PROVIDES FOR SUCH AN INCREASE.
  S  5.  The public officers law is amended by adding a new section 71-a
to read as follows:
  S 71-A. STATE AND LOCAL OFFICERS AND EMPLOYEES SALARY CAP.    NOTWITH-
STANDING  ANY PROVISION OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW TO
THE CONTRARY, NO STATE OFFICER OR LOCAL OFFICER, AS DEFINED  IN  SECTION
TWO  OF  THIS  CHAPTER,  OR  EMPLOYEE  THEREOF,  SHALL BE ENTITLED TO AN
INCREASE IN ANNUAL SALARY, IF THE  ANNUAL  SALARY  OF  THAT  OFFICER  OR
EMPLOYEE AT THE TIME EQUALS OR EXCEEDS, OR WITH THE INCREASE WOULD EQUAL
OR  EXCEED,  THE  ANNUAL SALARY OF THE GOVERNOR, UNLESS SUCH INCREASE IS
APPROVED BY A MAJORITY VOTE OF BOTH THE SENATE  AND  ASSEMBLY;  PROVIDED
FURTHER  THAT THIS SECTION SHALL NOT APPLY WHERE AN EMPLOYMENT AGREEMENT
BETWEEN SUCH STATE OR LOCAL OFFICE AND SUCH OFFICER OR EMPLOYEE  ENTERED
INTO PROVIDES FOR SUCH AN INCREASE.
  S 6. The general municipal law is amended by adding a new section 90-a
to read as follows:
  S 90-A. PUBLIC OFFICERS AND EMPLOYEES SALARY CAP.  NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW TO THE CONTRARY,
NO PUBLIC OFFICER OR OTHER EMPLOYEE EMPLOYED BY A MUNICIPAL CORPORATION,
AS  DEFINED  IN  SECTION  TWO  OF  THIS CHAPTER, SHALL BE ENTITLED TO AN
INCREASE IN ANNUAL SALARY, IF THE  ANNUAL  SALARY  OF  THAT  OFFICER  OR
EMPLOYEE AT THE TIME EQUALS OR EXCEEDS, OR WITH THE INCREASE WOULD EQUAL
OR  EXCEED,  THE  ANNUAL SALARY OF THE GOVERNOR, UNLESS SUCH INCREASE IS
APPROVED BY A MAJORITY VOTE OF BOTH THE SENATE  AND  ASSEMBLY;  PROVIDED
FURTHER  THAT THIS SECTION SHALL NOT APPLY WHERE AN EMPLOYMENT AGREEMENT
BETWEEN SUCH MUNICIPAL CORPORATION AND SUCH OFFICER OR EMPLOYEE PROVIDES
FOR SUCH AN INCREASE.
  S 7. Section 30 of the executive law is amended to read as follows:
  S 30. Executive department. A. There shall continue to be in the state
government an executive department. The head of the executive department
shall be the governor. The governor may appoint  such  subordinates  and
employees  as  may  be  necessary for the exercise of his powers and the
performance of his duties as head of the executive department,  and  may

A. 4501                             3

prescribe  their  duties  and  fix their compensation within the amounts
appropriated therefor.
  B.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  CHAPTER  OR  ANY  OTHER
PROVISION OF LAW TO THE CONTRARY, NO SUBORDINATE OR EMPLOYEE EMPLOYED BY
THE EXECUTIVE DEPARTMENT SHALL BE ENTITLED  TO  AN  INCREASE  IN  ANNUAL
SALARY,  IF  THE  ANNUAL  SALARY OF THAT OFFICER OR EMPLOYEE AT THE TIME
EQUALS OR EXCEEDS, OR WITH THE INCREASE WOULD EQUAL OR EXCEED, THE ANNU-
AL SALARY OF THE GOVERNOR, UNLESS SUCH INCREASE IS APPROVED BY A MAJORI-
TY VOTE OF BOTH THE SENATE AND  ASSEMBLY;  PROVIDED  FURTHER  THAT  THIS
SECTION  SHALL  NOT  APPLY  WHERE  AN  EMPLOYMENT AGREEMENT BETWEEN SUCH
MUNICIPAL CORPORATION AND SUCH OFFICER OR EMPLOYEE ENTERED INTO PROVIDES
FOR SUCH AN INCREASE.
  S 8. Section 37 of the judiciary law is amended by adding a new subdi-
vision 4-a to read as follows:
  4-A. SALARY CAP. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  ANY
OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY, NO NON-JUDICIAL OFFICER OR
EMPLOYEE SHALL BE ENTITLED TO AN INCREASE IN ANNUAL SALARY, IF THE ANNU-
AL SALARY OF THAT OFFICER OR EMPLOYEE AT THE TIME EQUALS OR EXCEEDS,  OR
WITH THE INCREASE WOULD EQUAL OR EXCEED, THE ANNUAL SALARY OF THE GOVER-
NOR,  UNLESS  SUCH  INCREASE  IS APPROVED BY A MAJORITY VOTE OF BOTH THE
SENATE AND ASSEMBLY; PROVIDED FURTHER THAT THIS SECTION SHALL NOT  APPLY
WHERE AN AGREEMENT, BETWEEN THE STATE AND A CERTIFIED EMPLOYEE ORGANIZA-
TION  ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW
PROVIDES FOR SUCH AN INCREASE ON BEHALF OF A POSITION  IN  A  COLLECTIVE
NEGOTIATING  UNIT REPRESENTED BY SUCH EMPLOYEE ORGANIZATION OR WHERE ANY
OTHER EMPLOYMENT AGREEMENT BETWEEN THE STATE AND SUCH OFFICER OR EMPLOY-
EES PROVIDES FOR SUCH AN INCREASE.
  S 9. This act shall take effect immediately.