S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6493
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2023
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Judiciary
 
 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:
 
   Section  1.  Section 2 and subdivisions 1 and 7 of section 3 of part E
 of chapter 60 of the laws of 2015, establishing a commission on legisla-
 tive, judicial,   and   executive compensation, and  providing  for  the
 powers  and  duties of the commission and for  the  dissolution  of  the
 commission, section 2 and subdivision 7  of  section  3  as  amended  by
 section  1  of part WW of chapter 55 of the laws of 2020, are amended to
 read as follows:
   § 2. 1. [(a)] 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.
   [(b)  Notwithstanding  any  provision of this act to the contrary, the
 commission established in the year 2019 may examine, evaluate  and  make
 recommendations  with  respect  to  adequate  levels of compensation and
 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
 A. 6493                             2
              

 the  unified court system during its examination of and making recommen-
 dations for legislative and executive compensation in the year 2020.]
   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, state-
 wide  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 or  authorized  by  this  act  to
 evaluate  and make recommendations on such salaries, the annual salaries
 for 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 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.
   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.
   1.  The  commission  shall  consist  of  [seven]  FIVE  members  to be
 appointed as follows: three shall be  appointed  by  the  governor;  one
 shall  be  appointed  by  the temporary president of the senate; AND one
 shall be appointed by the speaker of the assembly;  [and  two  shall  be
 appointed  by  the chief judge of the state, one of whom shall serve as]
 THE chair of the commission  SHALL  BE  CHOSEN  BY  A  MAJORITY  OF  THE
 APPOINTED MEMBERS.  [With regard to any matters regarding legislative or
 executive compensation, the chair shall preside but not vote.] Vacancies
 in  the  commission  shall  be  filled  in  the  same manner as original
 appointments. To the extent practicable, members of the commission shall
 have experience in one or more of the following: determination of execu-
 tive compensation, human resource administration  or  financial  manage-
 ment.  THE TERMS OF THE MEMBERS OF THE COMMISSION APPOINTED BY THE CHIEF
 JUDGE  OF THE STATE SHALL TERMINATE ON THE EFFECTIVE DATE OF THE CHAPTER
 OF THE LAWS OF 2023 WHICH AMENDED THIS SUBDIVISION.
   7. The commission shall make a  report  to  the  governor[,]  AND  the
 legislature  [and the chief judge of the state] of its findings, conclu-
 sions, determinations and recommendations, if any, not  later  than  the
 [thirty-first  of December of the year in which the commission is estab-
 lished for judicial compensation and  the]  fifteenth  of  November  the
 A. 6493                             3
 
 following  year  for  legislative  and executive compensation; provided,
 however, the report made by the commission  in  the  year  two  thousand
 twenty  regarding judicial, legislative and executive compensation shall
 be  issued not later than November 15, 2020.  Any findings, conclusions,
 determinations and recommendations in the report must be  adopted  by  a
 majority  vote of the commission and 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,
 inconsistent 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.
   § 2. 1. Cost of  living  adjustment.  (a)  Notwithstanding  any  other
 provision  of  law,  regulation, rule, or report, the salaries and addi-
 tions to salary established by law of judges and justices of the unified
 court system shall be increased as of January 1, 2020, and annually each
 year thereafter by a cost of living adjustment  (COLA).  Any  limitation
 established  by law for allowable travel and transportation expenses for
 a judge or justice serving outside her or his home  territory  shall  be
 adjusted  by  the  same proportion on the same date as the annual salary
 adjustment.
   (b) Calculation of adjustment. The COLA referred to in  paragraph  (a)
 of  this  subdivision shall be equal to the percentage increase, rounded
 to the nearest tenth of one percent, in the average Consumer Price Index
 for Urban Wage Earners and Clerical Workers (CPI-W)  determined  by  the
 United  States  Bureau  of Labor Statistics for the third quarter of the
 preceding calendar year compared to the average for the third quarter of
 the calendar year before the preceding   calendar  year.  If  the  CPI-W
 declines  or  the increase is less than 0.05 percent during such period,
 the COLA shall be zero.
   2. Catch-Up Payments. (a) The COLAs under paragraph (b) of subdivision
 one of this section for January 1, 2020, 2021, 2022, and  2023  are  1.6
 percent, 1.3 percent, 5.9 percent, and 8.7 percent, respectively.
  (b)  Any amount of salary or addition to salary due under paragraph (a)
 of this subdivision for a year prior to the effective date of  this  act
 shall  be  paid  in two equal installments on April 1, 2023 and April 1,
 2024.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 4. This act shall take effect immediately; provided that section two
 of this act shall be deemed to have been in full force and effect on and
 after January 1, 2020.