NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7001
SPONSOR: Hawley
 
TITLE OF BILL:
An act to amend the executive law, in relation to payment of the gover-
nor's salary
 
PURPOSE:
This bill would require the Governor's salary to be withheld and not
paid until legislative passage of the state budget is complete if the
passage does not occur prior to the first day of any fiscal year.
 
SUMMARY OF PROVISIONS:
Section 1: Creates a new section 13 of the Executive Law to withhold the
Governor's salary until the state budget is complete if passage does not
occur prior to the first day of the fiscal year, requires the unpaid
amount to be promptly paid upon passage, and includes definitions for
"net payment" and "legislative passage of the budget".
Section 2: establishes the effective date.
 
JUSTIFICATION:
Currently, New York State Law withholds the payment of Legislators'
salary when the state budget is not passed before the first day of the
fiscal year (April 1st). This serves as added incentive for members of
the Legislature to ensure that the citizens of New York State have a
timely budget. This bill would create parity between the Legislative and
Executive branch and ensures that the Governor has equal incentive to
negotiate in good faith and pass a timely budget.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Effective immediately.
STATE OF NEW YORK
________________________________________________________________________
7001
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. HAWLEY, DeSTEFANO, E. BROWN, LEMONDES, MIKULIN,
ANGELINO, SMULLEN, BRABENEC, PIROZZOLO, TAGUE, BENDETT, J. M. GIGLIO,
JENSEN, McDONOUGH -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to payment of the gover-
nor's salary
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 13 to
2 read as follows:
3 § 13. Compensation of the governor. 1. Effective January first, two
4 thousand twenty-four, the governor of the state of New York shall have
5 the net payment of his or her salary, as provided in article four of the
6 state constitution and fixed by the legislature, withheld and not paid
7 until legislative passage of the budget is complete, if the legislative
8 passage of the budget, as defined in subdivision two of this section,
9 has not occurred prior to the first day of any fiscal year. An amount
10 equal to the accrued, withheld and unpaid amount shall be promptly paid
11 to the governor upon passage of the legislative budget.
12 2. For the purposes of this section:
13 (a) "net payment" shall mean gross salary minus any or all of the
14 following deductions: federal taxes, state taxes, social security taxes,
15 city taxes, payments on retirement loans, retirement contributions,
16 contributions to health insurance or other group insurance programs,
17 child support and court ordered payments; and
18 (b) "legislative passage of the budget" shall mean that the appropri-
19 ation bill or bills submitted by the governor pursuant to section three
20 of article seven of the state constitution have been finally acted on by
21 both houses of the legislature in accordance with article seven of the
22 state constitution and the state comptroller has determined that such
23 appropriation bill or bills that have been finally acted on by the
24 legislature are sufficient for the ongoing operation and support of
25 state government and local assistance for the ensuing fiscal year.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11048-01-3