S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5711

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section  1.  Subdivision  2  of  section  5 of the legislative law, as
amended by section 1 of part M-1 of chapter 407 of the laws of 1999,  is
amended to read as follows:
  2.  Each member of the legislature shall receive payment of actual and
necessary transportation expenses and a per diem equivalent to the  most
recent federal per diem rates published by the General Services Adminis-
tration  and set forth in 41 CFR (Code of Federal Regulations) Part 301,
App. A, while in travel status in the performance of his or her  duties;
and  such other reasonable expenses as may be necessary for the perform-
ance of the member's responsibilities as  determined  by  the  temporary
president  of the senate or speaker of the assembly for their respective
houses. The per diem allowances, including partial per diem  allowances,
shall be made pursuant to regulations promulgated by the temporary pres-
ident of the senate and the speaker of the assembly for their respective
houses,  on audit and warrant of the comptroller on vouchers approved by
the temporary president of the senate or his or  her  designee  and  the
speaker  of  the  assembly  or  his or her designee for their respective
houses.  WHEN FILING A VOUCHER FOR THE PER DIEM ALLOWANCE,  EACH  MEMBER
OF  THE  LEGISLATURE SHALL FILE A CERTIFICATION INCLUDED IN SUCH VOUCHER
STATING THAT SUCH EXPENSES WERE INCURRED IN THE RENDERING OF LEGISLATIVE
DUTIES, AND THAT THE VOUCHER IS JUST, TRUE AND  CORRECT,  AND  THAT  THE
BALANCE  SHOWN  IS  ACTUALLY DUE AND OWING, AND THE TAXES FROM WHICH THE
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

ACCORDANCE  WITH RULES PROMULGATED BY THE SPEAKER OF THE ASSEMBLY OR THE
TEMPORARY PRESIDENT OF THE SENATE.
  FOR  THE  PAYMENT  OF ACTUAL AND NECESSARY TRANSPORTATION EXPENSES THE
MEMBER SHALL FILE A CERTIFICATION ON  SUCH  VOUCHER  STATING  THAT  SUCH
MEMBER OF THE LEGISLATURE INCURRED SUCH TRANSPORTATION EXPENSES FROM HIS
OR HER OWN PERSONAL FUNDS, AND WAS NOT REIMBURSED OR PAID FROM ANY OTHER
SOURCE  FOR  SUCH  TRANSPORTATION  EXPENSES,  THAT  SUCH  EXPENSES  WERE
INCURRED IN THE RENDERING OF LEGISLATIVE DUTIES, AND THAT THE VOUCHER IS
JUST, TRUE, AND CORRECT, AND THAT THE BALANCE SHOWN IS ACTUALLY DUE  AND
OWING.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.