S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5122
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
   §  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
   §  3.  The public authorities law is amended by adding a new section 3
 to read as follows:
   § 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.
              

                                                            LBD07886-01-9

 A. 5122                             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.
   §  4.  Section 10 of the legislative law, as amended by chapter 230 of
 the laws of 1949, is amended to read as follows:
   § 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.
   §  5.  The public officers law is amended by adding a new section 71-a
 to read as follows:
   § 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.
   § 6. The general municipal law is amended by adding a new section 90-a
 to read as follows:
   § 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.
   § 7. Section 30 of the executive law is amended to read as follows:
   § 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. 5122                             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.
   § 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.
   § 9. This act shall take effect immediately.