S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4828
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
                                                            LBD09223-01-1
              

 A. 4828                             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.