Provides that bi-weekly salary installment payments and allowances shall not be withheld for members of the state legislature if the governor has submitted certain legislation which is not necessary for the effective implementation of the appropriation bill or bills and legislative passage of the budget has not occurred prior to the first day of any fiscal year.
STATE OF NEW YORK
________________________________________________________________________
7764
2025-2026 Regular Sessions
IN ASSEMBLY
April 9, 2025
___________
Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law, in relation to the payment of
compensation and allowances to members of the state legislature
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 5 of the legislative law, as
2 amended by chapter 635 of the laws of 1998, the opening paragraph as
3 amended by chapter 841 of the laws of 2022, is amended to read as
4 follows:
5 1. Effective January first, two thousand twenty-three, each member of
6 the legislature shall receive a salary of one hundred forty-two thousand
7 dollars per annum. Such salary of a member of the legislature shall be
8 payable in twenty-six bi-weekly installments provided, however, that if
9 legislative passage of the budget as defined in subdivision three of
10 this section has not occurred prior to the first day of any fiscal year,
11 the net amount of any such bi-weekly salary installment payments to be
12 paid on or after such day shall be withheld and not paid until such
13 legislative passage of the budget has occurred whereupon bi-weekly sala-
14 ry installment payments shall resume and an amount equal to the accrued,
15 withheld and unpaid installments shall be promptly paid to each member.
16 Notwithstanding any provision of law to the contrary, such bi-weekly
17 salary installment payments shall not be withheld pursuant to this
18 section if the governor has submitted legislation pursuant to section
19 three of article seven of the state constitution which is not necessary
20 for the effective implementation of the appropriation bill or bills and
21 legislative passage of the budget has not occurred prior to the first
22 day of any fiscal year.
23 For purposes of this section, net amount shall mean gross salary minus
24 any or all of the following deductions: federal taxes, state taxes,
25 social security taxes, city taxes, payments on retirement loans, retire-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11598-01-5
A. 7764 2
1 ment contributions, contributions to health insurance or other group
2 insurance programs, child support and court ordered payments.
3 § 2. Paragraph c of subdivision 2 of section 5-a of the legislative
4 law, as added by chapter 635 of the laws of 1998, is amended to read as
5 follows:
6 c. If legislative passage of the budget as defined in subdivision
7 three of section five of this article has not occurred prior to the
8 first day of any fiscal year, the net amount of any allowances author-
9 ized pursuant to this section to be paid on or after such date shall be
10 withheld and not paid until such legislative passage of the budget has
11 occurred whereupon the payment of such allowances in an amount equal to
12 the withheld and unpaid payments shall be paid pursuant to paragraph b
13 of this subdivision. Notwithstanding any provision of law to the contra-
14 ry, such allowances shall not be withheld pursuant to this section if
15 the governor has submitted legislation pursuant to section three of
16 article seven of the state constitution which is not necessary for the
17 effective implementation of the appropriation bill or bills and legisla-
18 tive passage of the budget has not occurred prior to the first day of
19 any fiscal year.
20 For purposes of this section, net amount shall mean gross salary minus
21 any or all of the following deductions: federal taxes, state taxes,
22 social security taxes, city taxes, payments on retirement loans, retire-
23 ment contributions, contributions to health insurance or other group
24 insurance programs, child support and court ordered payments.
25 § 3. This act shall take effect immediately.
