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

                                  9077

                          I N  A S S E M B L Y

                            January 20, 2012
                               ___________

Introduced  by  M.  of  A.  OAKS,  BLANKENBUSH, BUTLER, CALHOUN, CORWIN,
  FINCH, GRAF, MONTESANO, PALMESANO,  RABBITT,  RAIA,  TEDISCO,  MURRAY,
  WALTER  --  Multi-Sponsored by -- M.  of A. AMEDORE, BARCLAY, BURLING,
  CERETTO, CONTE, CROUCH, DUPREY, FRIEND, GIGLIO, HAWLEY, JOHNS, JORDAN,
  KOLB, P. LOPEZ, McDONOUGH,  McLAUGHLIN,  J. MILLER,  SAYWARD,  TENNEY,
  TOBACCO -- read once and referred to the Committee on Ways and Means

AN  ACT  to  amend  the  legislative law, in relation to prohibiting the
  legislature from recessing after the commencement of the state  fiscal
  year until it has enacted a budget for such year

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

  Section 1. 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]  SECTIONS five-a AND FIFTY-THREE-A of this
[article] CHAPTER, 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 submit-
ted 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  2.  The  legislative law is amended by adding a new section 53-a to
read as follows:
  S 53-A. FAILURE TO ENACT A TIMELY BUDGET; PROHIBIT RECESS. IF UPON THE
COMMENCEMENT OF THE FISCAL YEAR, AS DEFINED  IN  SECTION  THREE  OF  THE
STATE  FINANCE  LAW,  LEGISLATIVE  PASSAGE  OF THE BUDGET, AS DEFINED IN

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

                                                           LBD05962-02-1

A. 9077                             2

SUBDIVISION THREE OF SECTION FIVE OF THIS CHAPTER, HAS NOT OCCURRED, THE
LEGISLATURE SHALL NOT RECESS UNTIL SUCH PASSAGE OCCURS, EXCEPT THAT  THE
LEGISLATURE MAY RECESS DURING SUCH PERIOD FOR PUBLIC HOLIDAYS.
  S 3. This act shall take effect immediately.