Bill Text: NY S00641 | 2019-2020 | General Assembly | Introduced

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Bill Title: Forfeits per diem payments to members of the legislature when the budget is not passed by April 1.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00641 Detail]

Download: New_York-2019-S00641-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           641
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the legislative law, in relation to eliminating per diem
          payments to members of the legislature when the  legislature  has  not
          passed a budget by the first day of the fiscal year
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 5 of the legislative law, as added
     2  by section 7 of part CC of chapter 56 of the laws of 2015, is amended to
     3  read as follows:
     4    2. (a) Each member of the legislature, upon  verification  of  attend-
     5  ance,  which  shall  be  by electronic verification when practicable, in
     6  compliance with the policies set forth by the speaker  of  the  assembly
     7  and  the  temporary president of the senate for their respective bodies,
     8  shall be eligible to receive payment  of  actual  and  necessary  travel
     9  expenses  and  a per diem equivalent to the most recent federal per diem
    10  rates published by the general services administration as set  forth  in
    11  41  CFR  (Code of Federal Regulations) Part 301, App. A, for the time in
    12  which the member was in travel status in the performance of his  or  her
    13  duties  during the months in which the legislature is scheduled to be in
    14  regular session, provided, however, that if legislative passage  of  the
    15  budget,  as  defined  in  subdivision  three  of  this  section, has not
    16  occurred prior to the first day of any fiscal year, any  such  per  diem
    17  payments  to be paid on or after such day shall be permanently forfeited
    18  by such members from the first day of the fiscal year until the day that
    19  the legislature passes the budget. Members shall be eligible to  receive
    20  per  diem  payments  for any days worked after such passage.  During the
    21  months when the legislature is not scheduled to be in  regular  session,
    22  members  shall receive such actual and necessary travel expenses and per
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02391-01-9
        S. 641                              2
     1  diems, in compliance with verification policies and in accord with stan-
     2  dards and limits for reimbursable events set forth by the speaker of the
     3  assembly and the temporary president of the senate for their  respective
     4  bodies.  The  per  diem allowances including partial per diem allowances
     5  shall be made on audit  and  warrant  of  the  comptroller  on  vouchers
     6  approved by the temporary president of the senate or his or her designee
     7  and  speaker of the assembly or his or her designee for their respective
     8  houses.
     9    (b) Each house shall make available on its website  all  documentation
    10  otherwise  available  to  the public pursuant to section eighty-eight of
    11  the public officers law related to the payment of  travel  expenses  and
    12  per diems.
    13    § 2. This act shall take effect immediately.