What's happening
This bill eliminates per diem payments for New York legislators if the state budget is not passed by the fiscal year's start.
Why it matters
Creates a direct financial consequence for legislators. By eliminating per diem payments when the budget is late, the bill introduces a tangible penalty for lawmakers, increasing the personal stakes for failing to meet the budget deadline.
Intended to incentivize timely budget passage. This change could motivate legislators to prioritize and expedite the negotiation and passage of the state budget, potentially reducing costly delays and government uncertainty.
Public accountability and transparency. By linking per diem eligibility to budget passage, the bill makes legislative delays more visible to the public and provides an easily understood benchmark for judging legislative performance.
Potential impact on legislative operations. The loss of per diems during a late budget could create financial strain—especially for legislators from further districts—which might influence attendance, negotiations, or even who can afford to serve in the legislature.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
No Pay for Late Budgets
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
641
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the legislative law, in relation to eliminating per diem payments to members of the legislature when the legislature has not passed a budget by the first day of the fiscal year
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 5 of the legislative law, as added by section 7 of part CC of chapter 56 of the laws of 2015, is amended to read as follows:
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, 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, any such per diem payments to be paid on or after such day shall be permanently forfeited by such members from the first day of the fiscal year until the day that the legislature passes the budget. Members shall be eligible to receive per diem payments for any days worked after such passage. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02391-01-9
S. 641 2
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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the legislative law, in relation to eliminating per diem payments to members of the legislature when the legislature has not passed a budget by the first day of the fiscal year
Purpose
An act to amend the legislative law, in relation to eliminating per diem payments to members of the legislature when the legislature has not passed a budget by the first day of the fiscal year.
Summary of provisions
Section 1 amends subdivision 2 of section 5 of the legislative law to provide that members of the legislature shall permanently forfeit per diem payments for any days after the first day of the fiscal year in which the legislature has failed to pass a budget as defined in subdivi- sion 3 of section 5.
Section 2 relates to the effective date.
Justification
The New York State Legislature has failed to pass an on time budget on numerous occasions in recent years. Most recently in 2010 when the state budget was 125 days late, but additionally in 2004 when the budget was 133 days late, and 1997 and 1999 when the budget was 126 days late. In addition, from 1985-2010 there have only been 3 occasions when the State Legislature has passed an on time budget.
Late budgets negatively impact many areas of the state, including: delays in greatly needed infrastructure and development projects, uncer- tainty in revenue and spending policy, interruptions in vital services, and increased expense to New York State taxpayers.
Members of the legislature should not benefit financially from late budgets, and the taxpayers should not have to bare any additional expenses from late budgets. To help rectify this problem, legislators should not be eligible for per diem payments for any days in which the state budget is late. This would prevent any personal financial gain for members of the legislature during a late budget process.
Prior legislative history
2011-12: S.4236 Referred to Investigations and Government Operations 2013-14: S.363 Referred to Investigations and Government Operations 2015-16: S.1550 Referred to Investigations and Government Operations 2017-18: S.1820 Referred to Investigations and Government Operations
Fiscal implications for the state
None when the budget is passed on time. However, there would be a cost savings to the state in the event that the budget is late.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.