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.