S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6398
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced  by  M.  of A. BARCLAY, BLANKENBUSH, NORRIS, FINCH, LAWRENCE,
   MONTESANO, PALMESANO, RAIA, RA, GARBARINO, BRABENEC,  SCHMITT,  SALKA,
   MORINELLO,  MANKTELOW,  MIKULIN, BYRNE, TAGUE -- Multi-Sponsored by --
   M. of A.   BYRNES, CROUCH, DiPIETRO, FRIEND,  GIGLIO,  HAWLEY,  JOHNS,
   KOLB,  McDONOUGH,  B. MILLER,  STEC  --  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:
 
   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.
   § 2. The legislative law is amended by adding a new  section  53-a  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09388-01-9

 A. 6398                             2
 
   § 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  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.
   § 3. This act shall take effect immediately.