BILL NUMBER: S8521
SPONSOR: WEBER
 
TITLE OF BILL:
An act to amend the legislative law and the state finance law, in
relation to the payment of compensation and allowances to members of the
state legislature; and to amend the executive law, in relation to
compensation of the governor
 
PURPOSE:
To forfeit in perpetuity the salary paid to each member of the legisla-
tive and executive branch when the passage of the budget has not
occurred by the first day of the fiscal year until legislative passage
of the budget has occurred
 
SUMMARY OF PROVISIONS:
Sections 1 and 2: If legislative passage of the budget is late and has
not occurred by the first day of any fiscal year, as defined in subdivi-
sion three of this section, the net amount of any such bi-weekly salary
installment payments to be paid on or after such day shall be withheld
and forfeited in perpetuity for each member of the state legislature.
Section 3: On or after April 1, 2026, 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 be forfeited in perpetuity until
such legislative passage of the budget has occurred.
Section 4: If legislative passage of the budget has not occurred prior
to the first day of any fiscal year, the governor's bi-weekly salary
installment payments to be paid on or after such day shall be withheld
and forfeited in perpetuity until such legislative passage of the budget
has occurred.
 
JUSTIFICATION:
New York State has a constitutional requirement to pass a state budget
by April 1st. The passing of the state budget has been extended beyond
this April 1st deadline more and more in recent years. These late budg-
ets, in turn, continue to put unnecessary budgetary pressures on our
local municipalities, school districts, non-profits, and other state
dependent agencies and organizations. Current law suspends the legisla-
ture from being paid if the budget isn't passed by April 1st. Once a
budget is passed, the legislators get back pay to April 1st. This legis-
lation would prohibit the legislature from receiving back pay; instead
forfeiting any salary accrued during the term of the late budget. This
legislation would also prohibit the Governor from receiving a salary
during the late budget period and his/her salary would also be forfeited
during that period.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None to the state
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S8521: 5-a legislative law, 5-a(2) legislative law, 24 state finance law, 24(2) state finance law