S T A T E   O F   N E W   Y O R K
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                                  2780

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 1, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the legislative law, in relation to  eliminating  allow-
  ances  for members serving as an officer of either house of the legis-
  lature; and to repeal section 5-a  of  the  legislative  law  relating
  thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5-a of the legislative law is REPEALED.
  S 2. Subdivision 3 of section 5 of the legislative law,  as  added  by
chapter 635 of the laws of 1998, is amended to read as follows:
  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.
  S 3. Subdivision 3 of section 83-c of the legislative law, as added by
chapter 141 of the laws of 1994, is amended to read as follows:
  3. The commission may employ and at pleasure remove such personnel  as
it  may deem necessary for the performance of the commission's functions
and fix their compensation within the amount appropriated therefor.  The

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08262-01-1
              

S. 2780                             2

commission  may  hold public and private hearings and otherwise have all
of the powers of a legislative committee under this chapter. The members
of the commission shall receive no  compensation  for  their  services[,
except  as  provided  pursuant  to  section five-a of this chapter,] but
shall be allowed their actual and necessary  expenses  incurred  in  the
performance of their duties hereunder.
  S 4. Subdivision 7 of section 83-e of the legislative law, as added by
chapter 141 of the laws of 1994, is amended to read as follows:
  7.  The commission may employ and at pleasure remove such personnel as
it may deem necessary for the performance of the commission's  functions
and  fix  compensation  within  the  amount  appropriated  therefor. The
commission may hold public and private hearings and otherwise  have  all
of the powers of a legislative committee under this chapter. The members
of  the  commission and advisory board shall receive no compensation for
their services[, except as provided pursuant to section five-a  of  this
chapter,]  but  shall  be  allowed  their  actual and necessary expenses
incurred in the performance of their duties hereunder.
  S 5. Subdivision 4 of section 83-f of the legislative law, as added by
chapter 141 of the laws of 1994, is amended to read as follows:
  4. The commission may employ and at pleasure remove such personnel  as
it  may deem necessary for the performance of the commission's functions
and fix their compensation within the amount appropriated therefor.  The
commission  may  hold public and private hearings and otherwise have all
of the powers of a legislative committee under this chapter. The members
of the commission shall receive no  compensation  for  their  services[,
except  as  provided  pursuant  to  section five-a of this chapter,] but
shall be allowed their actual and necessary  expenses  incurred  in  the
performance of their duties hereunder.
  S 6. Subdivision 4 of section 83-i of the legislative law, as added by
chapter 141 of the laws of 1994, is amended to read as follows:
  4.  The commission may employ and at pleasure remove such personnel as
it may deem necessary for the performance of the commission's  functions
and  fix their compensation within the amount appropriated therefor. The
commission may hold public and private hearings, and otherwise have  all
of the powers of a legislative committee under this chapter. The members
of  the  commission  shall  receive no compensation for their services[,
except as provided pursuant to section  five-a  of  this  chapter,]  but
shall  be  allowed  their  actual and necessary expenses incurred in the
performance of their duties hereunder.
  S 7. Subdivision 4 of section 83-l of the legislative law, as  amended
by chapter 83 of the laws of 1995, is amended to read as follows:
  4.  The commission may employ and at pleasure remove such personnel as
it may deem necessary for the performance of the commission's  functions
and  fix their compensation within the amount appropriated therefor. The
commission may hold public and private hearings and otherwise  have  all
of the powers of a legislative committee under this chapter. The members
of  the  commission  shall  receive no compensation for their services[,
except as provided pursuant to section  five-a  of  this  chapter,]  but
shall  be  allowed  their  actual and necessary expenses incurred in the
performance of their duties hereunder.
  S 8. This act shall take effect immediately, provided,  however,  that
the amendments to sections 83-c, 83-e, 83-f, 83-i and 83-l of the legis-
lative law made by sections three, four, five, six and seven of this act
shall  not  affect  the  repeal  of  such  sections  and shall be deemed
repealed therewith.