2023 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, two thousand
twenty-three,  each  member of the legislature shall receive a salary of
one hundred forty-two thousand 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.