2021 New York Laws
LEG - Legislative
Article 2 - Members, Officers and Employees of the Legislature
5 - Compensation of Members.

§ 5. Compensation  of  members.  1.  Effective January first, nineteen
hundred ninety-nine, each member of  the  legislature  shall  receive  a
salary  of  seventy-nine  thousand  five hundred dollars per annum. Such
salary of a member of the legislature shall  be  payable  in  twenty-six
bi-weekly installments provided, however, that if legislative passage of
the  budget  as  defined  in  subdivision  three of this section has not
occurred prior to the first day of any fiscal year, the  net  amount  of
any  such  bi-weekly  salary installment payments to be paid on or after
such day shall be withheld and not paid until such  legislative  passage
of  the  budget  has  occurred  whereupon  bi-weekly  salary installment
payments shall resume and an amount equal to the accrued,  withheld  and
unpaid installments shall be promptly paid to each member.
  For purposes of this section, net amount shall mean gross salary minus
any  or  all  of  the  following deductions: federal taxes, state taxes,
social  security  taxes,  city  taxes,  payments  on  retirement  loans,
retirement  contributions,  contributions  to  health insurance or other
group insurance programs, child support and court ordered payments.
  2.  (a)  Each  member  of  the  legislature,  upon   verification   of
attendance,  which shall be by electronic verification when practicable,
in compliance with the policies set forth by the speaker of the assembly
and the temporary president of the senate for their  respective  bodies,
shall  be  eligible  to  receive  payment of actual and necessary travel
expenses and a per diem equivalent to the most recent federal  per  diem
rates  published  by the general services administration as set forth in
41 CFR (Code of Federal Regulations) Part 301, App. A, for the  time  in
which  the  member was in travel status in the performance of his or her
duties during the months in which the legislature is scheduled to be  in
regular session. During the months when the legislature is not scheduled
to  be  in  regular  session,  members  shall  receive  such  actual and
necessary travel expenses and per diems, in compliance with verification
policies and in accord with standards and limits for reimbursable events
set forth by the speaker of the assembly and the temporary president  of
the  senate  for  their  respective  bodies.  The  per  diem  allowances
including partial per diem allowances shall be made on audit and warrant
of the comptroller on vouchers approved by the  temporary  president  of
the  senate or his or her designee and speaker of the assembly or his or
her designee for their respective houses.
  (b) Each house shall make available on its website  all  documentation
otherwise  available  to  the public pursuant to section eighty-eight of
the public officers law related to the payment of  travel  expenses  and
per diems.
  3.  "Legislative  passage  of  the budget", solely for the purposes of
this section and section five-a of this article,  shall  mean  that  the
appropriation  bill  or  bills  submitted  by  the  governor pursuant to
section three of article seven  of  the  state  constitution  have  been
finally  acted  on  by both houses of the legislature in accordance with
article seven of the state constitution and the  state  comptroller  has
determined  that such appropriation bill or bills that have been finally
acted on by the legislature are sufficient for the ongoing operation and
support of state government and local assistance for the ensuing  fiscal
year.  In  addition,  legislation  submitted by the governor pursuant to
section three of article seven  of  the  state  constitution  determined
necessary  by  the  legislature for the effective implementation of such
appropriation bill or bills shall have been acted on.  Nothing  in  this
section  shall  be  construed  to  affect  the  prohibition contained in
section five of article seven of the state constitution.