Bill Text: NY A05649 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 28-1)

Status: (Introduced - Dead) 2011-12-16 - enacting clause stricken [A05649 Detail]

Download: New_York-2011-A05649-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5649
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 24, 2011
                                      ___________
       Introduced  by  M.  of  A. HAYES, CALHOUN, CORWIN, FINCH, RABBITT, RAIA,
         TEDISCO, MURRAY -- Multi-Sponsored by -- M. of  A.  BARCLAY,  BURLING,
         BUTLER, CONTE, CROUCH, DUPREY, GIGLIO, HAWLEY, JORDAN, KOLB, P. LOPEZ,
         McDONOUGH, J. MILLER, MOLINARO, OAKS, SAYWARD, THIELE, TOBACCO -- 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:
    1    Section 1. Subdivision 3 of section 5 of the legislative law, as added
    2  by chapter 635 of the laws of 1998, is amended to read as follows:
    3    3. "Legislative passage of the budget", solely  for  the  purposes  of
    4  this  section  and  [section]  SECTIONS five-a AND FIFTY-THREE-A of this
    5  [article] CHAPTER, shall mean  that  the  appropriation  bill  or  bills
    6  submitted  by the governor pursuant to section three of article seven of
    7  the state constitution have been finally acted on by both houses of  the
    8  legislature  in  accordance with article seven of the state constitution
    9  and the state comptroller has determined that such appropriation bill or
   10  bills that have been finally acted on by the legislature are  sufficient
   11  for  the  ongoing  operation  and  support of state government and local
   12  assistance for the ensuing fiscal year. In addition, legislation submit-
   13  ted by the governor pursuant to section three of article  seven  of  the
   14  state  constitution  determined  necessary  by  the  legislature for the
   15  effective implementation of such appropriation bill or bills shall  have
   16  been  acted on. Nothing in this section shall be construed to affect the
   17  prohibition contained in section five of  article  seven  of  the  state
   18  constitution.
   19    S  2.  The  legislative law is amended by adding a new section 53-a to
   20  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05962-02-1
       A. 5649                             2
    1    S 53-A. FAILURE TO ENACT A TIMELY BUDGET; PROHIBIT RECESS. IF UPON THE
    2  COMMENCEMENT OF THE FISCAL YEAR, AS DEFINED  IN  SECTION  THREE  OF  THE
    3  STATE  FINANCE  LAW,  LEGISLATIVE  PASSAGE  OF THE BUDGET, AS DEFINED IN
    4  SUBDIVISION THREE OF SECTION FIVE OF THIS CHAPTER, HAS NOT OCCURRED, THE
    5  LEGISLATURE  SHALL NOT RECESS UNTIL SUCH PASSAGE OCCURS, EXCEPT THAT THE
    6  LEGISLATURE MAY RECESS DURING SUCH PERIOD FOR PUBLIC HOLIDAYS.
    7    S 3. This act shall take effect immediately.