S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7290
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state  finance  law  and  the  legislative  law,  in
   relation  to withholding the salary of the governor and members of the
   legislature if the budget is late  until  final  ratification  of  the
   budget

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "passage of late enacted budget (PLEB) act".
   §  2.  Subdivision 2 of section 24 of the state finance law is amended
 by adding a new paragraph (c) to read as follows:
   (C) ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-FOUR, ANY SUCH SALARY
 INSTALLMENT PAYMENTS TO BE PAID ON OR AFTER SUCH DAY TO THE GOVERNOR AND
 MEMBERS OF THE LEGISLATURE SHALL BE WITHHELD  AND  NOT  PAID  UNTIL  THE
 FINAL  RATIFICATION OF THE BUDGET FOR THE FOLLOWING FISCAL YEAR PURSUANT
 TO SECTION FIVE OF THE LEGISLATIVE LAW WHEREUPON ANY SALARY  INSTALLMENT
 PAYMENTS  INTENDED  FOR THE GOVERNOR AND MEMBERS OF THE LEGISLATURE THAT
 ARE WITHHELD AND NOT PAID SHALL BE FORFEITED IN PERPETUITY.
   § 3. Subdivisions 1 and 3 of section 5 of the legislative law,  subdi-
 vision  1  as  amended  and subdivision 3 as added by chapter 635 of the
 laws of 1998, the opening paragraph of subdivision 1 as amended by chap-
 ter 841 of the laws of 2022, are amended to read as follows:
   1. Effective January first, two thousand twenty-three, each member  of
 the legislature shall receive a salary of one hundred forty-two thousand
 dollars  per  annum. Such salary of a member of the legislature shall be
 payable in twenty-six bi-weekly installments  provided,  however,  that,
 EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-FOUR,  if [legislative
 passage] FINAL RATIFICATION of the  budget  as  defined  in  subdivision
 three  of  this  section  has not occurred prior to the first day of any
 fiscal year, the net amount of any  such  bi-weekly  salary  installment
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11554-01-3
              

 S. 7290                             2
 
 payments  to be paid on or after such day shall be withheld and not paid
 until such [legislative passage] FINAL RATIFICATION of  the  budget  has
 occurred  whereupon  bi-weekly  salary installment payments shall resume
 [and  an  amount  equal to the accrued, withheld and unpaid installments
 shall be promptly paid to each member].
   For purposes of this section, net amount shall mean gross salary minus
 any or all of the following  deductions:  federal  taxes,  state  taxes,
 social security taxes, city taxes, payments on retirement loans, retire-
 ment  contributions,  contributions  to  health insurance or other group
 insurance programs, child support and court ordered payments.
   3. ["Legislative passage] "FINAL RATIFICATION of the  budget",  solely
 for  the  purposes  of  this section and section five-a of this article,
 shall mean that the appropriation bill or bills submitted by the  gover-
 nor pursuant to section three of article seven of the state constitution
 have  been finally acted on by both houses of the legislature in accord-
 ance with article seven of the state constitution [and], the state comp-
 troller has determined that such appropriation bill or bills  that  have
 been  finally acted on by the legislature are sufficient for the ongoing
 operation and support of state government and local assistance  for  the
 ensuing fiscal year, AND THE GOVERNOR HAS SIGNED SUCH BILL OR BILLS INTO
 LAW.  In  addition,  legislation  submitted  by the governor pursuant to
 section three of article seven  of  the  state  constitution  determined
 necessary  by  the  legislature for the effective implementation of such
 appropriation bill or bills shall have been acted on.  Nothing  in  this
 section  shall  be  construed  to  affect  the  prohibition contained in
 section five of article seven of the state constitution.
   § 4. Nothing in this act shall be construed to  prevent  the  governor
 from  issuing a message of necessity pursuant to section five of article
 seven of the state constitution, nor shall  this  act  be  construed  to
 prevent  the  passage and signing of a law to extend the budget from the
 prior fiscal year provided it shall not suffice as an enacted budget for
 the purpose of this act.
   § 5. 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.
   § 6. This act shall take effect immediately.