Bill Text: NY S08402 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that no bill which increases, extends, imposes or revives any tax, fee, assessment, surcharge or any other such levy or collection, be passed or become a law, except by the assent of two-thirds of the members elected to each branch of the legislature voting separately; makes an exception for any bill which results from the passage of a home rule message.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-06-14 - OPINION REFERRED TO JUDICIARY [S08402 Detail]

Download: New_York-2017-S08402-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8402
                    IN SENATE
                                       May 4, 2018
                                       ___________
        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing amendments to section 14 of article 3 and section 2 of article
          9 of the  constitution,  in  relation  to  the  procedure  for  voting
          increases in the rate of state taxes
     1    Section 1. Resolved (if the Assembly concur), That section 14 of arti-
     2  cle 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-
    24  ic  format  by  electronic means, and it is available for review in such
    25  format at the desks of the members. For purposes of this section  "elec-
    26  tronic  means"  means  any method of transmission of information between
    27  computers or other machines designed for  the  purpose  of  sending  and
    28  receiving   such  transmissions  and  which:  allows  the  recipient  to
    29  reproduce  the  information  transmitted  in  a   tangible   medium   of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89143-02-8
        S. 8402                             2
     1  expression; and does not permit additions, deletions or other changes to
     2  be made without leaving an adequate record thereof.
     3    §  2. Resolved (if the Assembly concur), That the opening paragraph of
     4  paragraph (c) of section 2 of article 9 of the constitution  be  amended
     5  to read as follows:
     6    In  addition  to powers granted in the statute of local governments or
     7  any other law, (i) every local government shall have power to adopt  and
     8  amend  local laws not inconsistent with the provisions of this constitu-
     9  tion or any general law relating to its property, affairs or government,
    10  provided, however, any local law that increases,  extends,  imposes,  or
    11  revives any tax for which authority is required by the legislature shall
    12  require the vote of two-thirds of the total voting power of the legisla-
    13  tive  body  of  such  local  government and, (ii) every local government
    14  shall have power to adopt and amend local laws not inconsistent with the
    15  provisions of this constitution or  any  general  law  relating  to  the
    16  following  subjects, whether or not they relate to the property, affairs
    17  or government of such local government, except to the  extent  that  the
    18  legislature  shall restrict the adoption of such a local law relating to
    19  other than the property, affairs or government of such local government:
    20    § 3. Resolved (if the Assembly concur), That the  foregoing  amendment
    21  be referred to the first regular legislative session convening after the
    22  next  succeeding  general  election  of members of the assembly, and, in
    23  conformity with  section  1  of  article  19  of  the  constitution,  be
    24  published for 3 months previous to the time of such election.