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
                               ___________

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.