Senate Bill S7848

2009-2010 Legislative Session

Prohibits the legislature from recessing after the start of the state fiscal year until it has passed a budget

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S7848 (ACTIVE) - Details

See Assembly Version of this Bill:
A5742
Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Amd §5, add §53-a, Leg L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3457, A5649, A9077
2013-2014: S1967, A4486
2015-2016: S2273, A5560
2017-2018: A7358
2019-2020: A6398
2021-2022: A4828
2023-2024: A3222

2009-S7848 (ACTIVE) - Summary

Prohibits the legislature from recessing after the start of the state fiscal year until it has passed a budget; may only recess during such period for public holidays.

2009-S7848 (ACTIVE) - Sponsor Memo

2009-S7848 (ACTIVE) - Bill Text download pdf 

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

                                  7848

                            I N  S E N A T E

                              May 17, 2010
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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:
  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.

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

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