Amd Art 3 §6, Art 7 §§2, 3 & 4, Art 13 §4, add Art 3 §8-a, Constn
 
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6220
SPONSOR: DiPietro
 
TITLE OF BILL: 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 consti-
tution, in relation to the submission to and enactment by the legisla-
ture of the executive budget; and proposing an amendment to section 4 of
article 13 of the constitution, in relation to the annual legislative
term
 
PURPOSE OR GENERAL IDEA OF THE BILL:
Concurrent Resolution of the Senate and Assembly proposing an amendment
to section 6 of article 3 of the constitution in relation to compen-
sation, per diem and traveling expenses payable to members of the legis-
lature; proposing the 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 7of the constitution, in relation to
the submission to the 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.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 6 of article 3 of the constitution be amended to read as
follows: No member of the legislature shall receive a salary or any
other compensation or benefit payable by the state, for his or their
service. Every member of the legislature shall be deemed to have volun-
teered his or her service, as a member of the assembly or a senator, to
the state and under no circumstance shall any member of the state legis-
lature be deemed a state employee for any purposes. Provided, however
that each such member shall also be reimbursed for his or her actual
traveling expenses, as determined by the state comptroller. In addition
n, members of the legislature shall be entitled to receive a per diem
allowance, as determined by the state comptroller, for each day the
legislature is in regular or extraordinary session, provided that no
such member shall receive more that thirty days per diem during any
calendar year. The position of member of the legislature is a part-time
position as a volunteer in the service of the state, and every such
member may engage in a regular, legal trade or occupation while not
servicing as a member of the ;legislature. The legislature shall, every
year, convene in regular session on the first Saturday after the first
Thursday in January. Thereafter, the legislature shall only convene on
Saturdays and Sundays during the months of January and February. Every
such appropriation bill shall be passed by both houses annually on or
before the last Sunday of February.
 
JUSTIFICATION:
This bill would take the money out of the equation when it comes to
state government, thus ending corruption here in Albany. Serving as a
legislator was not intended, by our Founding fathers, to be for finan-
cial gain.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.  
EFFECTIVE DATE:
The bill would become effective immediately.
STATE OF NEW YORK
________________________________________________________________________
6220
2017-2018 Regular Sessions
IN ASSEMBLY
February 28, 2017
___________
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.
LBD89103-01-7
A. 6220 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. 6220 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.