Bill Text: NY A05403 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the position of member of the legislature as a part-time, volunteer position in the service of the state; provides that state legislators shall receive no salary, or any other compensation of benefit from the state; authorizes the payment of travel expenses and per diem for days the legislature is in session, provides that per diem is limited to 30 days per annum; provides that the legislature shall convene in regular session only on Saturdays and Sundays in January and February; accelerates the state budget process so that the state budget is enacted on or before the last Sunday of February each year.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A05403 Detail]

Download: New_York-2019-A05403-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5403
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Governmental Operations
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing  an amendment to section 6 of article 3 of the constitution in
          relation to compensation, per diem and traveling expenses  payable  to
          members of the legislature; proposing an amendment to article 3 of the
          constitution,  in  relation  to the convening of legislative sessions;
          proposing amendments to sections 2, 3  and  4  of  article  7  of  the
          constitution,  in  relation  to the submission to and enactment by the
          legislature of the executive budget; and  proposing  an  amendment  to
          section 4 of article 13 of the constitution, in relation to the annual
          legislative term
     1    Section  1. Resolved (if the Senate concur), That section 6 of article
     2  3 of the constitution be amended to read as follows:
     3    § 6. [Each] No member of the legislature shall receive a salary or any
     4  other compensation or benefit payable by  the  state,  for  his  or  her
     5  services  [a like annual salary, to be fixed by law].  [He or she] Every
     6  member of the legislature shall be deemed to have volunteered his or her
     7  service, as a member of the assembly or a  senator,  to  the  state  and
     8  under  no  circumstances  shall  any  member of the state legislature be
     9  deemed a state employee for any purposes. Provided,  however  that  each
    10  such  member  shall [also] be reimbursed for his or her actual traveling
    11  expenses, as determined by  the  state  comptroller,  in  going  to  and
    12  returning  from  the place in which the legislature meets, not more than
    13  once each week while the  legislature  is  in  session.    In  addition,
    14  members  of  the  legislature  shall  be  entitled to receive a per diem
    15  allowance, as determined by the state  comptroller,  for  each  day  the
    16  legislature  is  in  regular  or extraordinary session, provided that no
    17  such member shall receive more than thirty days of per diem  during  any
    18  calendar  year. Senators, [when the senate alone is convened in extraor-
    19  dinary session, or] when serving as members of the court for  the  trial
    20  of impeachments, and such members of the assembly, not exceeding nine in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89084-01-9
        A. 5403                             2
     1  number,  as shall be appointed managers of an impeachment, shall receive
     2  an additional per diem allowance, to be [fixed by law] determined by the
     3  state comptroller. [Any member, while serving as an officer  of  his  or
     4  her house or in any other special capacity therein or directly connected
     5  therewith  not  hereinbefore in this section specified, may also be paid
     6  and receive, in addition, any allowance which may be fixed  by  law  for
     7  the  particular  and  additional services appertaining to or entailed by
     8  such office or special capacity. Neither the salary of  any  member  nor
     9  any  other allowance so fixed may be increased or diminished during, and
    10  with respect to, the term for which he or she shall have  been  elected,
    11  nor  shall  he  or she be paid or receive any other extra compensation.]
    12  The provisions of this section and laws enacted in compliance  therewith
    13  shall  govern  and be exclusively controlling, according to their terms.
    14  [Members shall continue to receive such salary and additional  allowance
    15  as  heretofore  fixed and provided in this section, until changed by law
    16  pursuant to this section.]
    17    § 2. Resolved (if the Senate concur), That article 3 of the  constitu-
    18  tion be amended by adding a new section 8-a to read as follows:
    19    §  8-a. The position of member of the legislature is a part-time posi-
    20  tion as a volunteer in the service of the state, and every  such  member
    21  may  engage in a regular, legal trade or occupation while not serving as
    22  a member of the legislature. The legislature shall, every year,  convene
    23  in  regular  session  on  the first Saturday after the first Thursday in
    24  January. Thereafter, the legislature shall only convene on Saturdays and
    25  Sundays during the months of January and February.
    26    § 3. Resolved (if the Senate concur), That sections  2,  3  and  4  of
    27  article 7 of the constitution be amended to read as follows:
    28    §  2.  Annually,  [on or before the first day of February in each year
    29  following the year fixed by the constitution for the election of  gover-
    30  nor  and  lieutenant  governor,  and]  on or before the second [Tuesday]
    31  Saturday following the first day of the annual meeting of  the  legisla-
    32  ture, [in all other years,] the governor shall submit to the legislature
    33  a  budget containing a complete plan of expenditures proposed to be made
    34  before the close of the ensuing fiscal year and all moneys and  revenues
    35  estimated  to be available therefor, together with an explanation of the
    36  basis of such estimates and recommendations as to proposed  legislation,
    37  if  any,  which  the  governor  may deem necessary to provide moneys and
    38  revenues sufficient to meet such proposed expenditures.  It  shall  also
    39  contain  such  other recommendations and information as the governor may
    40  deem proper and such additional information as may be required by law.
    41    § 3. At the time of submitting  the  budget  to  the  legislature  the
    42  governor shall submit a bill or bills containing all the proposed appro-
    43  priations  and  reappropriations included in the budget and the proposed
    44  legislation, if any, recommended therein.
    45    The governor may at any time within [thirty] ten days thereafter  and,
    46  with  the consent of the legislature, at any time before the adjournment
    47  thereof, amend or supplement the budget and  submit  amendments  to  any
    48  bills submitted by him or her or submit supplemental bills.
    49    The governor and the heads of departments shall have the right, and it
    50  shall  be  the duty of the heads of departments when requested by either
    51  house of the legislature or an appropriate committee thereof, to  appear
    52  and  be heard in respect to the budget during the consideration thereof,
    53  and to answer inquiries relevant thereto. The procedure for such appear-
    54  ances and inquiries shall be provided by law.
    55    § 4. The legislature may not alter an appropriation bill submitted  by
    56  the  governor  except  to strike out or reduce items therein, but it may
        A. 5403                             3
     1  add thereto items of appropriation  provided  that  such  additions  are
     2  stated separately and distinctly from the original items of the bill and
     3  refer  each  to  a single object or purpose. None of the restrictions of
     4  this section, however, shall apply to appropriations for the legislature
     5  or judiciary.
     6    Every such appropriation bill shall be passed by both houses annually,
     7  on  or  before  the  last Sunday of February. Such an appropriation bill
     8  shall when passed by both houses be a law  immediately  without  further
     9  action  by  the governor, except that appropriations for the legislature
    10  and judiciary and separate items added to the governor's  bills  by  the
    11  legislature  shall be subject to approval of the governor as provided in
    12  section 7 of article IV.
    13    § 4. Resolved (if the Senate concur), That section 4 of article 13  of
    14  the constitution be amended to read as follows:
    15    §  4. The political year and legislative term shall begin on the first
    16  day of January; and the legislature shall, every year, assemble  on  the
    17  first [Wednesday] Saturday after the first [Monday] Thursday in January.
    18    §  5.  Resolved (if the Senate concur), That the foregoing be referred
    19  to the first  regular  legislative  session  convening  after  the  next
    20  succeeding general election of members of the assembly, and, in conform-
    21  ity with section 1 of article 19 of the constitution, be published for 3
    22  months previous to the time of such election.