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

                                  6449

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend part E of chapter 60 of the laws of  2015,  relating  to
  establishing  a  commission  on  legislative,  judicial  and executive
  compensation, and providing for the powers and duties of  the  commis-
  sion,  in  relation  to  prohibiting  compensation from outside active
  employment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2  of  part  E of chapter 60 of the laws of 2015
relating to establishing a commission on legislative, judicial and exec-
utive compensation, and providing for  the  powers  and  duties  of  the
commission is amended to read as follows:
  S  2. 1. On the first of June of every fourth year, commencing June 1,
2015, there shall be established a commission on  legislative,  judicial
and executive compensation to examine, evaluate and make recommendations
with  respect to adequate levels of compensation and non-salary benefits
for members of the legislature, judges and justices  of  the  state-paid
courts  of  the  unified  court system, statewide elected officials, and
those state officers referred to in section 169 of the executive law.
  2. (a) In accordance with the provisions of this section, the  commis-
sion  shall examine: (1) the prevailing adequacy of pay levels and other
non-salary benefits received by members of  the  legislature,  statewide
elected  officials,  and those state officers referred to in section 169
of the executive law; and
  (2) the prevailing adequacy of  pay  levels  and  non-salary  benefits
received  by  the  judges  and  justices of the state-paid courts of the
unified court system and housing judges of the civil court of  the  city
of New York and determine whether any of such pay levels warrant adjust-
ment; and
  (b)  The  commission  shall determine whether: (1) for any of the four
years commencing on the first of April of such years, following the year
in which the commission is established,  the  annual  salaries  for  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13501-03-6

S. 6449                             2

judges and justices of the state-paid courts of the unified court system
and housing judges of the civil court of the city of New York warrant an
increase; and
  (2)  on  the  first  of January after the November general election at
which members of the state legislature are elected following the year in
which the commission is established, and on the first of January follow-
ing the next such election, the like annual salaries and  allowances  of
members  of the legislature, and salaries of statewide elected officials
and state officers referred to in  section  169  of  the  executive  law
warrant  an increase. ADDITIONALLY, THE COMMISSION SHALL DEFINE "OUTSIDE
ACTIVE EMPLOYMENT" AND THE TYPES OF PROHIBITED INCOME FOR MEMBERS OF THE
LEGISLATURE PURSUANT TO SECTION 6-A OF ARTICLE 3 OF THE CONSTITUTION.
  3. In discharging its responsibilities under subdivision two  of  this
section,  the commission shall take into account all appropriate factors
including, but not limited to: the overall economic  climate;  rates  of
inflation; changes in public-sector spending; the levels of compensation
and  non-salary  benefits  received  by  executive  branch officials and
legislators of other states and of the federal government; the levels of
compensation  and  non-salary  benefits  received  by  professionals  in
government,  academia  and  private  and nonprofit enterprise; [and] the
state's ability to fund increases in compensation and  non-salary  bene-
fits;  AND  THE  DEFINITIONS  OF  INCOME  FROM OUTSIDE ACTIVE EMPLOYMENT
UTILIZED BY THE UNITED STATES  CONGRESS  AND  OTHER  STATE  LEGISLATURES
WHERE APPLICABLE.
  S  2.  Paragraph 7 of section 3 of part E of chapter 60 of the laws of
2015 relating to establishing a commission on legislative, judicial  and
executive  compensation,  and providing for the powers and duties of the
commission is amended to read as follows:
  7. The commission shall make a report to the governor, the legislature
and the chief judge of the state of its findings, conclusions,  determi-
nations  and recommendations, if any, not later than the thirty-first of
December of the year in which the commission is established for judicial
compensation and the  fifteenth  of  November  the  following  year  for
[legislative  and]  executive  compensation AND LEGISLATIVE COMPENSATION
AND PROHIBITED INCOME FROM OUTSIDE ACTIVE  EMPLOYMENT.    Any  findings,
conclusions,  determinations  and  recommendations in the report must be
adopted by a majority vote of the commission and findings,  conclusions,
determinations and recommendations with respect to executive [and legis-
lative]  compensation AND LEGISLATIVE COMPENSATION AND PROHIBITED INCOME
FROM OUTSIDE ACTIVE EMPLOYMENT shall also be supported by at  least  one
member appointed by each appointing authority.  Each recommendation made
to  implement  a determination pursuant to section two of this act shall
have the force of law, and shall supersede,  where  appropriate,  incon-
sistent  provisions  of article 7-B of the judiciary law, section 169 of
the executive law, and sections 5 and 5-a of the legislative law, unless
modified or abrogated by statute prior to April first of the year as  to
which  such  determination  applies to judicial compensation and January
first of the year as to which such determination applies to [legislative
and] executive compensation AND LEGISLATIVE COMPENSATION AND  PROHIBITED
INCOME FROM OUTSIDE ACTIVE EMPLOYMENT.
  S  3. This act shall take effect on the first of January next succeed-
ing the date upon which the people shall approve and  ratify  amendments
to  Article III of the constitution by a majority of the electors voting
thereon, as proposed by legislative bill number S.6356 of 2016.