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.

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S1967-2013 Actions

• Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S1967-2013 Memo

BILL NUMBER:S1967

TITLE OF BILL:  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

PURPOSE:  This legislation would prohibit the Legislature, in the
absence of final approval of the State Budget, from recessing for any
reason other than a legal holiday.

SUMMARY OF PROVISIONS:  Amends the legislative law to provide that in
the absence of final approval of the State Budget, the Legislature may
not recess for any purpose other than a legal holiday.

JUSTIFICATION:  Consistent with long standing proposals by the Assembly
and Senate Republican Conferences to reform the way in which our State
Legislature operates, this bill demonstrates a commitment to deliberate
and approve a timely State Budget. In previous legislative sessions, the
Legislature has not hesitated to recess without completing its Constitu-
tional obligation to pass an on-time budget.  As a result, not-for-pro-
fit organizations, local governments and school districts are hindered
in their ability to manage their finances and operations. This bill
ensures that the Legislature will not leave town until a State Budget is
in place.

LEGISLATIVE HISTORY:  2011-12 S. 3457 - Investigations Committee/A. 9077
Ways and Means Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

S1967-2013 Text

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

                                    1967

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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]  CHAPTER,  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
  legislature 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
  assistance for the ensuing fiscal year. In addition, legislation submit-
  ted  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04389-01-3

 S. 1967                             2

  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.