Section 5. Compensation of members

1. Effective January first, nineteen
  hundred ninety-nine, each member of  the  legislature  shall  receive  a
  salary  of  seventy-nine  thousand  five hundred 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. 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
  Administration  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 performance 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 president 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.
    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.