Judge Should Push Outside Income Limits To 2027
A judge’s decision this month approving the state Legislature’s decision to limit lawmakers’ outside income struck perhaps the most odious part of the law.
Judge Alison Napolitano of state Supreme Court in Suffolk County ruled the state can’t strip legislators of their voting rights if they exceed outside income limits. Legislators’ base pay increased from $110,000 to $142,000 a year while outside income limits are capped to $35,000 a year. It’s a win for voters who faced the very real possibility that they could be left without a voice in the legislature if their elected representative ran afoul of the new rules. The way the legislation was written meant it was entirely possible a legislator’s vote could be stripped for an entire two-year term. Napolitano was right to rule that part of the law unconstitutional.
Dealing with what’s left of the outside income ban is a bit more tricky.
Both Will Barclay, Assembly minority leader, and Rob Ortt, Senate minority leader, said the outside income limits could place many of their members in a bind. Ortt wrote in an affidavit to the court on March 14 that 26 Assembly members and 12 state senators will have to either resign or divest themselves from outside income. Ortt and Barclay asked Napolitano for a stay of the outside income limits until Jan. 1, 2027, so that it doesn’t affect legislators who were just sworn into office on Jan. 1, 2025. There has been no ruling by Napolitano on the request from Barclay and Ortt for a stay on the beginning of outside income limits.
In our view, Napolitano should side with Republicans asking for the income limits not to take effect until Jan. 1, 2027, which is the start of state lawmakers’ next term. While state legislators knew a ruling was coming, changing the rules three months after legislators took their oath of office sets the stage for the type of legislative upheaval that is unnecessary a scant five months after an election.
We don’t begrudge any member of the the state Legislature who decides not to run for re-election because of the outside income limits that, sooner or later, will be the law of the land. But it’s awfully hard for legislators to play the victim here – there are a lot of New Yorkers who wish their part-time gig paid $142,000 a year. We shudder to think what it would cost to make this legislature a full-time body. Remember, it was only a year ago that the state Assembly limited debate on bills in an attempt to save time and allow more bills to make it to the Assembly floor. Imagine what we could get done if legislative sessions lasted all year.
On second thought, given the composition of the state Legislature, maybe limiting the damage to six months is actually the best option.