ALBANY — A judge has temporarily paused a state law that limits how much money state lawmakers can earn from outside sources, granting a reprieve to dozens of legislators who expected to have to either give up their seats in Albany or quit their private-sector jobs.
In 2022, when the legislature voted to boost lawmakers’ pay to $142,000 — the highest of any statehouse in the nation — they also voted to limit legislators’ outside income to $35,000 annually. At the time, lawmakers who supported the move said it would reduce potential for bribery and ensure voter confidence.
At least 26 state Assembly members and 12 state senators, almost all Republicans, make more than $35,000. For more than a year, the state GOP and the Republican minority leaders in both chambers have been fighting a legal battle to keep the restriction from going into effect. It was meant to go into effect on Jan. 1, but legal challenges have kept it in limbo.
The law as originally written would revoke lawmakers’ voting privileges for being out of compliance, but on March 6 a state Supreme Court justice ruled that while the law itself was valid, its clause revoking members’ voting rights was not.
Lawmakers started discussing a potential delay to the law’s implementation after that decision. Assembly Speaker Carl E. Heastie, D-Bronx, told reporters that he was concerned that a large group of state lawmakers could be forced to resign.
“If we don’t figure out something on this, 38 legislators could decide to quit tomorrow,” he said. “I don’t know if that’s good for government. It’s a serious issue that I think we may have to deal with, because I think it will be very drastic if 38 members decided to leave tomorrow.”
Penalties for violating the law, with the loss of voting privileges off the table, include stripping the lawmaker of their legislative salary and a civil penalty of up to $40,000 plus the value of whatever outside income they receive.
The case will now go to the state Appellate Division of the Supreme Court, and could be appealed up to the highest court, the state Court of Appeals.