Relates to freezing per diems for legislators with secondary incomes exceeding 20 percent of their legislative salaries.

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S1051-2011 Actions

• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S1051-2011 Memo

BILL NUMBER:S1051             REVISED 12/06/12

TITLE OF BILL:

An act to amend the legislative law, in relation to freezing per diems
for legislators with secondary incomes exceeding 20 percent of their
legislative salaries

PURPOSE:

To limit per diem increases for legislators with sources of outside
income during New York's fiscal crisis.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 5 of the legislative law,
freezing per diems at 2011-12 federal regulatory rates for legislators
whose secondary salaries exceed 20% of their legislative salary, or
150% of the federal poverty guidelines for a family of four, whichever
is less.

JUSTIFICATION:

In the midst of an economic crisis such as the one New York is
currently enduring, it is important to set a standard of fiscal
responsibility.  This legislation would generate savings for the state
by freezing unnecessary per diem increases for those legislators
possessing substantial outside income. Such savings would aid in
closing the state's budget deficit.

The Tennessee State Senate has passed a per diem freeze bill, SB.1372,
through their state and local government committee. The bill freezes
per diems at the 2010 rate until 2014, saving an estimated $1 million
dollars over the course of four years
(see,http://politics.nashvillepost.com/
2010/03/18/per-diem-freeze-passes-committee-vote/). If New York State
implements a similar law, such savings can be directed towards
economic development, education, health care, or aid to New York's
most vulnerable populations.

LEGISLATIVE HISTORY:

S.7952 - Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:

Cost saving implications.

EFFECTIVE DATE:

This act shall take effect immediately.

S1051-2011 Text

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

                                    1051

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Investigations and Govern-
    ment Operations

  AN ACT to amend the legislative law, in relation to freezing  per  diems
    for  legislators  with secondary incomes exceeding 20 percent of their
    legislative salaries

    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.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS  SECTION,  THE  PER
  DIEM  RATE  RECEIVED  BY  LEGISLATORS WITH SECONDARY INCOMES THAT EXCEED
  TWENTY PERCENT OF THEIR LEGISLATIVE SALARIES, SHALL NOT EXCEED  THE  PER
  DIEM  RATE  ESTABLISHED FOR THE TWO THOUSAND NINE-TWO THOUSAND TEN STATE
  FISCAL YEAR.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02155-01-1