Bill Text: NY A01782 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-11 - referred to governmental operations [A01782 Detail]

Download: New_York-2011-A01782-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1782
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 11, 2011
                                      ___________
       Introduced  by  M.  of  A.  SCHROEDER  --  read once and referred to the
         Committee on Governmental 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:
    1    Section 1. The legislative law is amended by adding a new section  5-b
    2  to read as follows:
    3    S  5-B. ABSENT OF BUDGET BY THE NEW FISCAL YEAR, THE LEGISLATURE SHALL
    4  BE SEQUESTERED. IF LEGISLATIVE PASSAGE  OF  THE  BUDGET  AS  DEFINED  IN
    5  SUBDIVISION THREE OF SECTION FIVE OF THIS ARTICLE HAS NOT OCCURRED PRIOR
    6  TO THE FIRST DAY OF ANY FISCAL YEAR, EACH HOUSE OF THE LEGISLATURE SHALL
    7  BE  SEQUESTERED  UNTIL  SUCH  LEGISLATIVE  PASSAGE  OF  THE  BUDGET  HAS
    8  OCCURRED; PROVIDED, HOWEVER, THAT ALLOWANCES SHALL BE MADE FOR RELIGIOUS
    9  OBSERVANCES.  FOR THE PURPOSES OF THIS SECTION, THE  TERM  "SEQUESTERED"
   10  SHALL  BE  DEFINED  AS  CONFINED TO THE MEMBER'S PROSPECTIVE LEGISLATIVE
   11  CHAMBER UNLESS SESSION IS ADJOURNED FOR  A  MEAL  BREAK  AS  DEFINED  IN
   12  SECTION  ONE HUNDRED SIXTY-TWO OF THE LABOR LAW OR SESSION HAS ADJOURNED
   13  FOR A REST BREAK AFTER THE COMPLETION OF AT LEAST AN EIGHT-HOUR  CONTIN-
   14  UOUS  SESSION  PERIOD.    DURING  SUCH  PERIODS THE LEGISLATURE SHALL BE
   15  DEEMED SEQUESTERED PURSUANT TO THIS  SECTION  AND  SHALL  BE  UNDER  THE
   16  SUPERVISION OF THE STATE POLICE.
   17    S  2.  Subdivision  3 of section 5 of the legislative law, as added by
   18  chapter 635 of the laws of 1998, is amended to read as follows:
   19    3. "Legislative passage of the budget", solely  for  the  purposes  of
   20  this  section  and [section] SECTIONS five-a AND FIVE-B of this article,
   21  shall mean that the appropriation bill or bills submitted by the  gover-
   22  nor pursuant to section three of article seven of the state constitution
   23  have  been finally acted on by both houses of the legislature in accord-
   24  ance with article seven of the state constitution and  the  state  comp-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02134-01-1
       A. 1782                             2
    1  troller  has  determined that such appropriation bill or bills that have
    2  been finally acted on by the legislature are sufficient for the  ongoing
    3  operation  and  support of state government and local assistance for the
    4  ensuing  fiscal year. In addition, legislation submitted by the governor
    5  pursuant to section three of article seven  of  the  state  constitution
    6  determined necessary by the legislature for the effective implementation
    7  of such appropriation bill or bills shall have been acted on. Nothing in
    8  this  section  shall be construed to affect the prohibition contained in
    9  section five of article seven of the state constitution.
   10    S 3. This act shall take effect immediately.