S T A T E O F N E W Y O R K
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5742
2009-2010 Regular Sessions
I N A S S E M B L Y
February 19, 2009
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Introduced by M. of A. HAYES, CALHOUN, CORWIN, FINCH, QUINN, RABBITT,
RAIA, TEDISCO -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES,
BARCLAY, BARRA, BURLING, BUTLER, CONTE, CROUCH, DUPREY, ERRIGO,
GIGLIO, HAWLEY, KOLB, P. LOPEZ, McDONOUGH, MILLER, MOLINARO, OAKS,
O'MARA, SAYWARD, SCOZZAFAVA, THIELE, TOBACCO, TOWNSEND, WALKER -- read
once and referred to the Committee on Governmental Operations
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, 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 legisla-
ture 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 assist-
ance 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 2. The legislative law is amended by adding a new section 53-a to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06844-01-9
A. 5742 2
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
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.