§ 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.