Assembly Bill A9196

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9196
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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
 
   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]
 THEIR services [a like annual salary, to be fixed by law].  [He or  she]
 EVERY  MEMBER  OF  THE  LEGISLATURE  SHALL BE DEEMED TO HAVE VOLUNTEERED
 THEIR 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] THEIR 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.
              

                                                            LBD89121-01-5
 A. 9196                             2
 
 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] THE GOVERNOR 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.
 A. 9196                             3
 
   §  4. The legislature may not alter an appropriation bill submitted by
 the governor except to strike out or reduce items therein,  but  it  may
 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.