Bill Text: NY A03538 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires approval by 2/3 vote of membership of the senate and assembly voting separately to increase or decrease any tax rate, impose a new state tax, extend or delete existing state tax.

Spectrum: Partisan Bill (Republican 31-1)

Status: (Introduced) 2019-02-13 - opinion referred to judiciary [A03538 Detail]

Download: New_York-2019-A03538-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3538
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A.  PALMESANO,  BLANKENBUSH,  B. MILLER, FRIEND,
          MONTESANO, LAWRENCE, GARBARINO --  Multi-Sponsored  by  --  M.  of  A.
          ASHBY,  BARCLAY,  BRABENEC,  DiPIETRO,  FINCH,  GIGLIO, HAWLEY, LALOR,
          MALLIOTAKIS, McDONOUGH, MORINELLO, NORRIS, RAIA, SMITH, WALSH --  read
          once and referred to the Committee on Governmental Operations
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing  an  amendment to section 14 of article 3 of the constitution,
          in relation to the procedure for voting increases in the rate of state
          taxes
     1    Section 1. Resolved (if the Senate concur), That section 14 of article
     2  3 of the constitution be amended to read as follows:
     3    § 14. No bill shall be passed or become a law  unless  it  shall  have
     4  been  printed  and  upon the desks of the members, in its final form, at
     5  least three calendar legislative days prior to its final passage, unless
     6  the governor, or the acting governor, shall have certified, under his or
     7  her hand and the seal of the state, the facts which in his or her  opin-
     8  ion  necessitate an immediate vote thereon, in which case it must never-
     9  theless be upon the desks of the members in final form, not  necessarily
    10  printed,  before  its  final  passage;  nor  shall  any  bill, except as
    11  provided herein, be passed or become a law, except by the  assent  of  a
    12  majority  of  the members elected to each branch of the legislature; nor
    13  shall any bill which increases, extends, imposes, or  revives  any  tax,
    14  fee,  assessment, surcharge or any other such levy or collection, except
    15  any bill which results from the passage of a home rule message  pursuant
    16  to section two of article nine of this constitution, be passed or become
    17  a law, except by the assent of two-thirds of the members elected to each
    18  branch  of  the legislature voting separately; and upon the last reading
    19  of a bill, no amendment thereof shall be allowed, and the question  upon
    20  its  final  passage  shall be taken immediately thereafter, and the ayes
    21  and nays entered on the journal.
    22    For purposes of this section, a bill shall be deemed to be printed and
    23  upon the desks of the members if: it is set forth in a legible electron-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89081-01-9

        A. 3538                             2
     1  ic format by electronic means, and it is available for  review  in  such
     2  format  at the desks of the members. For purposes of this section "elec-
     3  tronic means" means any method of transmission  of  information  between
     4  computers  or  other  machines  designed  for the purpose of sending and
     5  receiving  such  transmissions  and  which:  allows  the  recipient   to
     6  reproduce   the   information   transmitted  in  a  tangible  medium  of
     7  expression; and does not permit additions, deletions or other changes to
     8  be made without leaving an adequate record thereof.
     9    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    10  referred  to  the  first regular legislative session convening after the
    11  next succeeding general election of members of  the  assembly,  and,  in
    12  conformity  with  section  1  of  article  19  of  the  constitution, be
    13  published for 3 months previous to the time of such election.
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