Prohibits the legislature from recessing after the start of the state fiscal year until it has passed a budget; allows recess during such period for public holidays.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2085
SPONSOR: Ra TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prohibit the Legislature, in the absence of final
approval of the State Budget, from recessing for any reason other than a
legal holiday.
SUMMARY OF PROVISIONS:
Section 1 amends Subdivision 3 of Section 5 of the Legislative Law, as
added by chapter 635 of the laws of 1998.
Section 2 adds a new section 53-a to the Legislative Law to provide that
in the absence of final approval of the State Budget, the Legislature
may not recess for any purpose other than a legal holiday.
JUSTIFICATION:
Consistent with long-standing proposals by the Assembly Minority to
reform the way in which our State Legislature operates, this bill demon-
strates a commitment to deliberate and approve a timely State Budget. In
previous legislative sessions, the Legislature has not hesitated to
recess without completing its Constitutional obligation to pass an
on-time budget. As a result, not-forprofit organizations, local govern-
ments, and school districts are hindered in their ability to manage
their finances and operations. This bill ensures that the Legislature
will remain at the Capitol until a State budget is in place.
PRIOR LEGISLATIVE HISTORY:
A.3222 (2023-2024) - referred to Ways & Means
A.4828 (2021-2022) - held for consideration in Ways & Means
A.6398 (2019- 2020) (Barclay) - held for consideration in Ways & Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2085
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. RA, PALMESANO, BLANKENBUSH, BRABENEC, MIKULIN,
MORINELLO, MANKTELOW, TAGUE -- 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:
1 Section 1. Subdivision 3 of section 5 of the legislative law, as added
2 by chapter 635 of the laws of 1998, is amended to read as follows:
3 3. "Legislative passage of the budget", solely for the purposes of
4 this section and [section] sections five-a and fifty-three-a of this
5 [article] chapter, shall mean that the appropriation bill or bills
6 submitted by the governor pursuant to section three of article seven of
7 the state constitution have been finally acted on by both houses of the
8 legislature in accordance with article seven of the state constitution
9 and the state comptroller has determined that such appropriation bill or
10 bills that have been finally acted on by the legislature are sufficient
11 for the ongoing operation and support of state government and local
12 assistance for the ensuing fiscal year. In addition, legislation submit-
13 ted by the governor pursuant to section three of article seven of the
14 state constitution determined necessary by the legislature for the
15 effective implementation of such appropriation bill or bills shall have
16 been acted on. Nothing in this section shall be construed to affect the
17 prohibition contained in section five of article seven of the state
18 constitution.
19 § 2. The legislative law is amended by adding a new section 53-a to
20 read as follows:
21 § 53-a. Failure to enact a timely budget; prohibit recess. If upon the
22 commencement of the fiscal year, as defined in section three of the
23 state finance law, legislative passage of the budget, as defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05692-01-5
A. 2085 2
1 subdivision three of section five of this chapter, has not occurred, the
2 legislature shall not recess until such passage occurs, except that the
3 legislature may recess during such period for public holidays.
4 § 3. This act shall take effect immediately.
