Amd Art 3 §6, Art 7 §§2 - 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 or 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.
STATE OF NEW YORK
________________________________________________________________________
9196
2025-2026 Regular Sessions
IN ASSEMBLY
November 3, 2025
___________
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 their services [a like annual salary, to be fixed by law]. [He or she]
6 Every member of the legislature shall be deemed to have volunteered
7 their service, as a member of the assembly or a senator, to the state
8 and 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] their actual
11 traveling expenses, as determined by the state comptroller, in going to
12 and returning from the place in which the legislature meets, not more
13 than 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.
LBD89121-01-5
A. 9196 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] the governor or submit supplemental
49 bills.
50 The governor and the heads of departments shall have the right, and it
51 shall be the duty of the heads of departments when requested by either
52 house of the legislature or an appropriate committee thereof, to appear
53 and be heard in respect to the budget during the consideration thereof,
54 and to answer inquiries relevant thereto. The procedure for such appear-
55 ances and inquiries shall be provided by law.
A. 9196 3
1 § 4. The legislature may not alter an appropriation bill submitted by
2 the governor except to strike out or reduce items therein, but it may
3 add thereto items of appropriation provided that such additions are
4 stated separately and distinctly from the original items of the bill and
5 refer each to a single object or purpose. None of the restrictions of
6 this section, however, shall apply to appropriations for the legislature
7 or judiciary.
8 Every such appropriation bill shall be passed by both houses annually,
9 on or before the last Sunday of February. Such an appropriation bill
10 shall when passed by both houses be a law immediately without further
11 action by the governor, except that appropriations for the legislature
12 and judiciary and separate items added to the governor's bills by the
13 legislature shall be subject to approval of the governor as provided in
14 section 7 of article IV.
15 § 4. Resolved (if the Senate concur), That section 4 of article 13 of
16 the constitution be amended to read as follows:
17 § 4. The political year and legislative term shall begin on the first
18 day of January; and the legislature shall, every year, assemble on the
19 first [Wednesday] Saturday after the first [Monday] Thursday in January.
20 § 5. Resolved (if the Senate concur), That the foregoing be referred
21 to the first regular legislative session convening after the next
22 succeeding general election of members of the assembly, and, in conform-
23 ity with section 1 of article 19 of the constitution, be published for 3
24 months previous to the time of such election.
