S T A T E   O F   N E W   Y O R K
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                                   5403
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 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
 
   Section  1. Resolved (if the Senate concur), That section 6 of article
 3 of the constitution be amended to read as follows:
   § 6. [Each] NO member of the legislature shall receive A SALARY OR ANY
 OTHER COMPENSATION OR BENEFIT PAYABLE BY  THE  STATE,  for  his  or  her
 services  [a like annual salary, to be fixed by law].  [He or she] EVERY
 MEMBER OF THE LEGISLATURE SHALL BE DEEMED TO HAVE VOLUNTEERED HIS OR HER
 SERVICE, AS A MEMBER OF THE ASSEMBLY OR A  SENATOR,  TO  THE  STATE  AND
 UNDER  NO  CIRCUMSTANCES  SHALL  ANY  MEMBER OF THE STATE LEGISLATURE 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  going  to  and
 returning  from  the place in which the legislature meets, not more than
 once each week while the  legislature  is  in  session.    IN  ADDITION,
 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 THAN THIRTY DAYS OF PER DIEM  DURING  ANY
 CALENDAR  YEAR. Senators, [when the senate alone is convened in extraor-
 dinary session, or] when serving as members of the court for  the  trial
 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.
                                                            LBD89084-01-9

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 number,  as shall be appointed managers of an impeachment, shall receive
 an additional per diem allowance, to be [fixed by law] DETERMINED BY THE
 STATE COMPTROLLER. [Any member, while serving as an officer  of  his  or
 her house or in any other special capacity therein or directly connected
 therewith  not  hereinbefore in this section specified, may also be paid
 and receive, in addition, any allowance which may be fixed  by  law  for
 the  particular  and  additional services appertaining to or entailed by
 such office or special capacity. Neither the salary of  any  member  nor
 any  other allowance so fixed may be increased or diminished during, and
 with respect to, the term for which he or she shall have  been  elected,
 nor  shall  he  or she be paid or receive any other extra compensation.]
 The provisions of this section and laws enacted in compliance  therewith
 shall  govern  and be exclusively controlling, according to their terms.
 [Members shall continue to receive such salary and additional  allowance
 as  heretofore  fixed and provided in this section, until changed by law
 pursuant to this section.]
   § 2. Resolved (if the Senate concur), That article 3 of the  constitu-
 tion be amended by adding a new section 8-a to read as follows:
   §  8-A. THE POSITION OF MEMBER OF THE LEGISLATURE IS A PART-TIME POSI-
 TION AS A VOLUNTEER IN THE SERVICE OF THE STATE, AND EVERY  SUCH  MEMBER
 MAY  ENGAGE IN A REGULAR, LEGAL TRADE OR OCCUPATION WHILE NOT SERVING 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.
   § 3. Resolved (if the Senate concur), That sections  2,  3  and  4  of
 article 7 of the constitution be amended to read as follows:
   §  2.  Annually,  [on or before the first day of February in each year
 following the year fixed by the constitution for the election of  gover-
 nor  and  lieutenant  governor,  and]  on or before the second [Tuesday]
 SATURDAY following the first day of the annual meeting of  the  legisla-
 ture, [in all other years,] the governor shall submit to the legislature
 a  budget containing a complete plan of expenditures proposed to be made
 before the close of the ensuing fiscal year and all moneys and  revenues
 estimated  to be available therefor, together with an explanation of the
 basis of such estimates and recommendations as to proposed  legislation,
 if  any,  which  the  governor  may deem necessary to provide moneys and
 revenues sufficient to meet such proposed expenditures.  It  shall  also
 contain  such  other recommendations and information as the governor may
 deem proper and such additional information as may be required by law.
   § 3. At the time of submitting  the  budget  to  the  legislature  the
 governor shall submit a bill or bills containing all the proposed appro-
 priations  and  reappropriations included in the budget and the proposed
 legislation, if any, recommended therein.
   The governor may at any time within [thirty] TEN days thereafter  and,
 with  the consent of the legislature, at any time before the adjournment
 thereof, amend or supplement the budget and  submit  amendments  to  any
 bills submitted by him or her or submit supplemental bills.
   The governor and the heads of departments shall have the right, and it
 shall  be  the duty of the heads of departments when requested by either
 house of the legislature or an appropriate committee thereof, to  appear
 and  be heard in respect to the budget during the consideration thereof,
 and to answer inquiries relevant thereto. The procedure for such appear-
 ances and inquiries shall be provided by law.
   § 4. The legislature may not alter an appropriation bill submitted  by
 the  governor  except  to strike out or reduce items therein, but it may

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 add thereto items of appropriation  provided  that  such  additions  are
 stated separately and distinctly from the original items of the bill and
 refer  each  to  a single object or purpose. None of the restrictions of
 this section, however, shall apply to appropriations for the legislature
 or judiciary.
   EVERY SUCH APPROPRIATION BILL SHALL BE PASSED BY BOTH HOUSES ANNUALLY,
 ON  OR  BEFORE  THE  LAST SUNDAY OF FEBRUARY. Such an appropriation bill
 shall when passed by both houses be a law  immediately  without  further
 action  by  the governor, except that appropriations for the legislature
 and judiciary and separate items added to the governor's  bills  by  the
 legislature  shall be subject to approval of the governor as provided in
 section 7 of article IV.
   § 4. Resolved (if the Senate concur), That section 4 of article 13  of
 the constitution be amended to read as follows:
   §  4. The political year and legislative term shall begin on the first
 day of January; and the legislature shall, every year, assemble  on  the
 first [Wednesday] SATURDAY after the first [Monday] THURSDAY in January.
   §  5.  Resolved (if the Senate concur), That the foregoing be referred
 to the first  regular  legislative  session  convening  after  the  next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.