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The state Capitol in Albany. Lawmakers' annual basic salary is the...

The state Capitol in Albany. Lawmakers' annual basic salary is the nation’s highest for state legislators. Credit: Pool/AFP via Getty Images/Hans Pennink

New York State lawmakers’ demands for their first pay raise in 20 years were finally resolved in 2023. The annual basic salary for all 213 members of the Senate and Assembly jumped by $30,000 to $142,000 per year — the nation’s highest for state legislators. Appropriately, as part of the measure signed by Gov. Kathy Hochul, lawmakers accepted a $35,000 cap on private part-time pay.

But we all know that even a deal that’s etched into law isn’t always a deal — not in Albany, where the cans kicked down the road could fill a recycling center. Now, three months after the rule on outside income was set to take effect, the start date for the provision remains vexingly unclear. That’s because Republicans, operating in a Democrat-dominated Capitol, sued to void the law, a process not yet finished.

Properly last month, State Supreme Court Justice Alison J. Napolitano in Suffolk County upheld the pay legislation, meaning the outside income cap of $35,000 stands. Just as properly, she struck down a single section of the law that would strip legislators of their vote for violating the limits; that would have deprived voters of representation.

Now, the plaintiffs are expected to appeal, causing further delays. Senate GOP Minority Leader Rob Ortt asked the court to put off enforcement until 2027. Ortt says in a filing that as many as 12 of his members statewide could be forced by the new rule to choose between their private or public income. According to 2024 disclosure forms, at least five Long Islanders may be among them, including Patricia Canzoneri-Fitzpatrick (R-Malverne), Jack Martins (R-Mineola), Mario Mattera (R-St. James), Anthony Palumbo (R-New Suffolk) and Steven Rhoads (R-Bellmore). Each of these senators reported, by category, outside incomes of more than $100,000.

Now, Democratic Assembly Speaker Carl Heastie is reportedly discussing with colleagues a two-year delay. Between a potential 12 senators and a possible 26 Assembly members, Heastie warned, “I think it will be ... very drastic if 38 members decided to leave tomorrow.”

Forget it, Mr. Speaker. It’s far too late to fret over members leaving. Losing them may not be all that likely, anyway. All 213 current members in both chambers were elected in November fully knowing what the terms and conditions of their state salaries and incomes would be.

Let’s remember what eventually got us here. The late Assembly Speaker Sheldon Silver was imprisoned in a case involving millions of dollars in outside income enabled by his public post. The late Senate Majority Leader Joe Bruno also had very dubious side income for years, boosted by his high public position. This resulted in a felony conviction that was overturned on appeal; a subsequent trial resulted in acquittal.

Too many years have been spent in Albany quibbling over the terms of lawmakers’ compensation. It’s time to put a cap on it. No further deals are necessary.

MEMBERS OF THE EDITORIAL BOARD are experienced journalists who offer reasoned opinions, based on facts, to encourage informed debate about the issues facing our community.

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