senate Bill S1919A

Requires two-thirds vote of legislature for any change in tax rates, budget bills and appropriations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 14 / Jan / 2011
    • REFERRED TO FINANCE
  • 14 / Jan / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 18 / Jan / 2011
    • REPORTED AND COMMITTED TO RULES
  • 18 / Jan / 2011
    • ORDERED TO THIRD READING CAL.4
  • 19 / Jan / 2011
    • PASSED SENATE
  • 19 / Jan / 2011
    • DELIVERED TO ASSEMBLY
  • 19 / Jan / 2011
    • REFERRED TO WAYS AND MEANS
  • 02 / Feb / 2011
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY
  • 02 / Apr / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 02 / Apr / 2012
    • PRINT NUMBER 1919A
  • 11 / Apr / 2012
    • TO ATTORNEY-GENERAL FOR OPINION

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A8230
Versions:
S1919
S1919A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 ยง14, Constn
Versions Introduced in Previous Legislative Cycles:
2009-2010: A1073
2007-2008: A936

Sponsor Memo

BILL NUMBER:S1919A

TITLE OF BILL:
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

PURPOSE:
Requires two-thirds vote of legislature for any increase, extension,
imposition or restoration of any tax, fee, assessment, surcharge or
any other such levy change except to any bill which results from the
passage of a home rule message.

SUMMARY OF PROVISIONS:
This legislation is a constitutional amendment which would require a
two-third's majority vote, rather than a simple majority vote in the
Senate and Assembly for any increase, extension, imposition or
restoration of any tax, fee, assessment, surcharge or any other such
levy change.

JUSTIFICATION:
Currently, only a majority vote is required for legislation to be
passed which raises new revenue. This legislation would require broad
and overwhelming support for any revenue increase to ensure that the
increased revenue was truly vital to the entire State. It will be one
more tool in restraining the runaway budget spending that we saw over
the past couple of years and it will help curtail the use of New
York's taxpayers as the State's ATM.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
Will force the State to live within its current means.

EFFECTIVE DATE:
Resolved (if the assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1919--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  ZELDIN,  BALL,  GALLIVAN, GRIFFO, LANZA, MARTINS,
  O'MARA, RANZENHOFER -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Finance -- recommitted  to  the
  Committee  on  Finance  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

            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

  Section 1. Resolved (if the Assembly concur), That section 14 of arti-
cle 3 of the constitution be amended to read as follows:
  S 14. No bill shall be passed or become a law  unless  it  shall  have
been  printed  and  upon the desks of the members, in its final form, at
least three calendar legislative days prior to its final passage, unless
the governor, or the acting governor, shall have certified, under his or
her hand and the seal of the state, the facts which in his or her  opin-
ion  necessitate an immediate vote thereon, in which case it must never-
theless be upon the desks of the members in final form, not  necessarily
printed,  before  its  final  passage;  nor  shall  any  bill, EXCEPT AS
PROVIDED HEREIN, be passed or become a law, except by the  assent  of  a
majority  of  the members elected to each branch of the legislature; NOR
SHALL ANY BILL WHICH INCREASES, EXTENDS, IMPOSES, OR  REVIVES  ANY  TAX,
FEE,  ASSESSMENT, SURCHARGE OR ANY OTHER SUCH LEVY OR COLLECTION, EXCEPT
ANY BILL WHICH RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE  PURSUANT
TO SECTION TWO OF ARTICLE NINE OF THIS CONSTITUTION, 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; and upon the last reading
of a bill, no amendment thereof shall be allowed, and the question  upon
its  final  passage  shall be taken immediately thereafter, and the ayes
and nays entered on the journal.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89026-02-2

S. 1919--A                          2

  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.

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