Bill S705-2011

Requires the legislature to be sequestered if they do not timely pass a budget

Provides that if the legislature does not timely pass a budget, it shall be sequestered until legislative passage of such budget; defines sequestered.

Details

Actions

  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S705

TITLE OF BILL:

An act to amend the legislative law, in relation to requiring the legislature to be sequestered if the legislative passage of the budget is not timely

PURPOSE OF THE BILL:

Requires the State Legislature shall be sequestered when there is failure to pass a timely state budget.

SUMMARY OF PROVISIONS:

The bill adds new section 5-b to the legislative law

JUSTIFICATION:

It is vitally important that the State Legislature pass an on time budget for the people of New York. When the legislature fails to pass a timely budget they would be required to stay until a state budget is passed, only giving them allowances for religious observations.

LEGISLATIVE HISTORY:

2010 Referred to Investigation and Government Operations

FISCAL IMPLICATIONS:

Some cost to the State for Legislative Session.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 705 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. ROBACH -- 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 requiring the legis- lature to be sequestered if the legislative passage of the budget is not timely THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The legislative law is amended by adding a new section 5-b to read as follows: S 5-B. ABSENT OF BUDGET BY THE NEW FISCAL YEAR, THE LEGISLATURE SHALL BE SEQUESTERED. IF LEGISLATIVE PASSAGE OF THE BUDGET AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE OF THIS ARTICLE HAS NOT OCCURRED PRIOR TO THE FIRST DAY OF ANY FISCAL YEAR, EACH HOUSE OF THE LEGISLATURE SHALL BE SEQUESTERED UNTIL SUCH LEGISLATIVE PASSAGE OF THE BUDGET HAS OCCURRED; PROVIDED, HOWEVER, THAT ALLOWANCES SHALL BE MADE FOR RELIGIOUS OBSERVANCES. FOR THE PURPOSES OF THIS SECTION, THE TERM "SEQUESTERED" SHALL BE DEFINED AS CONFINED TO THE MEMBER'S PROSPECTIVE LEGISLATIVE CHAMBER UNLESS SESSION IS ADJOURNED FOR A MEAL BREAK AS DEFINED IN SECTION ONE HUNDRED SIXTY-TWO OF THE LABOR LAW OR SESSION HAS ADJOURNED FOR A REST BREAK AFTER THE COMPLETION OF AT LEAST AN EIGHT-HOUR CONTIN- UOUS SESSION PERIOD. DURING SUCH PERIODS THE LEGISLATURE SHALL BE DEEMED SEQUESTERED PURSUANT TO THIS SECTION AND SHALL BE UNDER THE SUPERVISION OF THE STATE POLICE. S 2. 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 FIVE-B of this article, shall mean that the appropriation bill or bills submitted by the gover- nor pursuant to section three of article seven of the state constitution
have been finally acted on by both houses of the legislature in accord- ance with article seven of the state constitution and the state comp- troller 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 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 3. This act shall take effect immediately.

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