STATE OF NEW YORK
________________________________________________________________________
5711
2009-2010 Regular Sessions
IN ASSEMBLY
February 19, 2009
___________
Introduced by M. of A. BRENNAN, DelMONTE, CLARK, GALEF, REILLY --
Multi-Sponsored by -- M. of A. KOON, STIRPE, WEISENBERG -- read once
and referred to the Committee on Governmental Operations
AN ACT to amend the legislative law, in relation to necessary transpor-
tation expenses and per diem expenses of members of the legislature
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
2 amended by section 1 of part M-1 of chapter 407 of the laws of 1999, is
3 amended to read as follows:
4 2. Each member of the legislature shall receive payment of actual and
5 necessary transportation expenses and a per diem equivalent to the most
6 recent federal per diem rates published by the General Services Adminis-
7 tration and set forth in 41 CFR (Code of Federal Regulations) Part 301,
8 App. A, while in travel status in the performance of his or her duties;
9 and such other reasonable expenses as may be necessary for the perform-
10 ance of the member's responsibilities as determined by the temporary
11 president of the senate or speaker of the assembly for their respective
12 houses. The per diem allowances, including partial per diem allowances,
13 shall be made pursuant to regulations promulgated by the temporary pres-
14 ident of the senate and the speaker of the assembly for their respective
15 houses, on audit and warrant of the comptroller on vouchers approved by
16 the temporary president of the senate or his or her designee and the
17 speaker of the assembly or his or her designee for their respective
18 houses. When filing a voucher for the per diem allowance, each member
19 of the legislature shall file a certification included in such voucher
20 stating that such expenses were incurred in the rendering of legislative
21 duties, and that the voucher is just, true and correct, and that the
22 balance shown is actually due and owing, and the taxes from which the
23 state is exempt are excluded therefrom and the voucher submitted in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07520-01-9
A. 5711 2
1 accordance with rules promulgated by the speaker of the assembly or the
2 temporary president of the senate.
3 For the payment of actual and necessary transportation expenses the
4 member shall file a certification on such voucher stating that such
5 member of the legislature incurred such transportation expenses from his
6 or her own personal funds, and was not reimbursed or paid from any other
7 source for such transportation expenses, that such expenses were
8 incurred in the rendering of legislative duties, and that the voucher is
9 just, true, and correct, and that the balance shown is actually due and
10 owing.
11 § 2. This act shall take effect on the thirtieth day after it shall
12 have become a law.
