senate Bill S1919A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 11, 2012 to attorney-general for opinion
Apr 02, 2012 print number 1919a
amend and recommit to finance
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to finance
Feb 02, 2011 opinion referred to judiciary
Jan 19, 2011 referred to ways and means
delivered to assembly
passed senate
Jan 18, 2011 ordered to third reading cal.4
reported and committed to rules
Jan 14, 2011 to attorney-general for opinion
referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S1919 - Bill Details

See Assembly Version of this Bill:
A8230
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §14, Constn
Versions Introduced in 2009-2010 Legislative Session:
A1073

S1919 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1919

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.

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.

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

                                  1919

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

            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,  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 ther-
eafter, and the ayes and nays entered on the journal.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD89026-01-1

Co-Sponsors

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S1919A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8230
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §14, Constn
Versions Introduced in 2009-2010 Legislative Session:
A1073

S1919A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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