S T A T E O F N E W Y O R K
________________________________________________________________________
11048
I N A S S E M B L Y
May 12, 2010
___________
Introduced by M. of A. SCHROEDER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the legislative law, in relation to requiring the legis-
lature to be sequestered if the legislative passage of the budget is
not timely
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislative law is amended by adding a new section 5-b
to read as follows:
S 5-B. ABSENT OF BUDGET BY THE NEW FISCAL YEAR, THE LEGISLATURE SHALL
BE SEQUESTERED. IF LEGISLATIVE PASSAGE OF THE BUDGET AS DEFINED IN
SUBDIVISION THREE OF SECTION FIVE OF THIS ARTICLE HAS NOT OCCURRED PRIOR
TO THE FIRST DAY OF ANY FISCAL YEAR, EACH HOUSE OF THE LEGISLATURE SHALL
BE SEQUESTERED UNTIL SUCH LEGISLATIVE PASSAGE OF THE BUDGET HAS
OCCURRED; PROVIDED, HOWEVER, THAT ALLOWANCES SHALL BE MADE FOR RELIGIOUS
OBSERVANCES. FOR THE PURPOSES OF THIS SECTION, THE TERM "SEQUESTERED"
SHALL BE DEFINED AS CONFINED TO THE MEMBER'S PROSPECTIVE LEGISLATIVE
CHAMBER UNLESS SESSION IS ADJOURNED FOR A MEAL BREAK AS DEFINED IN
SECTION ONE HUNDRED SIXTY-TWO OF THE LABOR LAW OR SESSION HAS ADJOURNED
FOR A REST BREAK AFTER THE COMPLETION OF AT LEAST AN EIGHT-HOUR CONTIN-
UOUS SESSION PERIOD. DURING SUCH PERIODS THE LEGISLATURE SHALL BE
DEEMED SEQUESTERED PURSUANT TO THIS SECTION AND SHALL BE UNDER THE
SUPERVISION OF THE STATE POLICE.
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] SECTIONS five-a AND FIVE-B of this article,
shall mean that the appropriation bill or bills submitted by the gover-
nor pursuant to section three of article seven of the state constitution
have been finally acted on by both houses of the legislature in accord-
ance with article seven of the state constitution and the state comp-
troller 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16283-02-0
A. 11048 2
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. This act shall take effect immediately.