Byrnes, DiPietro, Friend, Giglio JM, Hawley, Miller B
Amd §5, add §53-a, Leg L
Prohibits the legislature from recessing after the start of the state fiscal year until it has passed a budget; allows recess during such period for public holidays.
STATE OF NEW YORK
________________________________________________________________________
4828
2021-2022 Regular Sessions
IN ASSEMBLY
February 8, 2021
___________
Introduced by M. of A. RA, BLANKENBUSH, NORRIS, MONTESANO, PALMESANO,
BRABENEC, SCHMITT, SALKA, MIKULIN, MORINELLO, MANKTELOW, TAGUE, BYRNE
-- Multi-Sponsored by -- M. of A. BYRNES, DiPIETRO, FRIEND,
J. M. GIGLIO, HAWLEY, B. MILLER -- read once and referred to the
Committee on Ways and Means
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 § 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.
LBD09223-01-1
A. 4828 2
1 § 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 § 3. This act shall take effect immediately.
