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.
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: . Section One. Section 2 adds a new section 53-a to 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 Constitutional obligation to pass an on-time budget. As a result, not-for-profit 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: 2010 - S.7848 - Investigations Committee/A.5742 - Governmental Operations Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 3457 2011-2012 Regular Sessions IN SENATE February 23, 2011 ___________Introduced by Sens. GRIFFO, GRISANTI, O'MARA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 STATE FINANCE LAW, LEGISLATIVE PASSAGE OF THE BUDGET, AS DEFINED INEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05962-02-1 S. 3457 2
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.