New York legislators could earn extra income during severe financial strain

A legislator may earn outside income above the limit when severe financial strain makes extra income necessary. This applies to New York legislators earning outside income. The legislator must comply with the filing requirements for relying on this provision. This applies to outside income earned on or after January 1, 2027.

Severe financial strain means an event or condition that has caused, will cause, or is expected to cause serious money problems. The strain may affect the legislator or the legislator's immediate family. Examples include certain care and funeral costs, uninsured damage to a primary home, court-ordered payments, education costs, and damage to a main form of transportation.

A legislator relying on this provision must file an affirmed statement with the legislative ethics commission. This applies to a legislator who intends to earn above the outside income limit by relying on the provision. The statement must be filed under penalty of perjury as soon as practicable before or after earning the excess income. The commission sets rules for its form and timing. Knowingly and intentionally making a material misstatement or leaving out an important fact counts as a knowing and intentional violation of the section.