S T A T E O F N E W Y O R K
________________________________________________________________________
6960
I N S E N A T E
March 1, 2010
___________
Introduced by Sens. O. JOHNSON, SKELOS, DeFRANCISCO, ROBACH -- read
twice and ordered printed, and when printed to be committed to the
Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 7 of the constitution, in relation to
limiting the growth on New York state disbursements and creating a
revenue stabilization tax reduction and debt repayment fund; repealing
section 17 of article 7 of the constitution relating to authorizing
the establishment of a fund to aid in the stabilization of tax reven-
ues
Section 1. Resolved (if the Assembly concur), That article 7 of the
constitution be amended by adding a new section 7-a to read as follows:
S 7-A. 1. EXCEPT IN THE CASE OF AN EMERGENCY, THE GOVERNOR SHALL NOT
SUBMIT ANY APPROPRIATION BILL OR BILLS, NOR SHALL THE LEGISLATURE ACT
UPON ANY SUCH APPROPRIATION BILL OR SUPPLEMENTAL APPROPRIATION BILL OR
BILLS FOR THE SUPPORT OF GOVERNMENT WHICH AUTHORIZE AN INCREASE IN TOTAL
STATE SPENDING OVER THE PRECEDING STATE FISCAL YEAR WHICH IS IN EXCESS
OF THE PRODUCT OF THE TOTAL STATE SPENDING FOR THE PRECEDING FISCAL YEAR
AND THE LESSER OF ONE HUNDRED TWENTY PERCENT OF THE INFLATION RATE OR
FOUR PERCENT.
2. UPON A FINDING AND DECLARATION OF AN EMERGENCY BY THE GOVERNOR WITH
CONCURRENCE OF THE COMPTROLLER, THE GOVERNOR MAY SUBMIT AN APPROPRIATION
BILL OR BILLS WHICH AUTHORIZE TOTAL STATE SPENDING IN EXCESS OF THE
LIMITATION PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
3. FOR PURPOSES OF THIS SECTION:
A. "TOTAL STATE SPENDING" SHALL MEAN ALL STATE FUNDS, WHICH SHALL
CONSTITUTE: (I) GENERAL FUNDS; (II) SPECIAL REVENUE FUNDS; (III) CAPITAL
PROJECT FUNDS; (IV) DEBT SERVICE FUNDS.
B. "INFLATION RATE" SHALL MEAN THE ANNUAL PERCENTAGE CHANGE IN THE
CONSUMER PRICE INDEX, ALL URBAN, AS PUBLISHED BY THE BUREAU OF LABOR
STATISTICS, OR ANY SUCCESSOR AGENCY, FOR THE PREVIOUS TWELVE MONTH PERI-
OD ENDING OCTOBER THIRTY-FIRST.
C. "EMERGENCY" SHALL MEAN AN EXTRAORDINARY, UNFORESEEN OR UNEXPECTED
OCCURRENCE OR COMBINATION OF CIRCUMSTANCES IN A GIVEN FISCAL YEAR WHICH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89184-01-0
S. 6960 2
REQUIRES IMMEDIATE AND SUDDEN FISCAL ACTION OF A DRASTIC BUT TEMPORARY
NATURE.
S 2. Resolved (if the Assembly concur), That section 17 of article 7
of the constitution be REPEALED and a new section 17 be added to read as
follows:
S 17. IN ANY STATE FISCAL YEAR IF TOTAL STATE REVENUES ARE IN EXCESS
OF THE STATE SPENDING LIMITATION PURSUANT TO SUBDIVISION ONE OF SECTION
SEVEN-A OF THIS ARTICLE, ONE-HALF OF THE REVENUES IN EXCESS OF SUCH
STATE SPENDING LIMITATION MUST BE DEPOSITED INTO THE TAX STABILIZATION
RESERVE FUND. THE REMAINDER SHALL BE RETURNED TO NEW YORK RESIDENT
TAXPAYERS IN PROPORTION TO PERSONAL INCOME TAX LIABILITY.
S 3. 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.