NY State Senate Bill S8402

Archive: Last Bill Status - In Senate Committee Judiciary 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 (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2018	opinion referred to judiciary
May 18, 2018	to attorney-general for opinion
May 07, 2018	referred to judiciary delivered to assembly passed senate ordered to third reading cal.1045 committee discharged and committed to rules
May 04, 2018	referred to judiciary

Votes

Co-Sponsors

S8402 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 3 §14, Art 9 §2, Constn
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1298
2021-2022: S2215
2023-2024: S4541

S8402 (ACTIVE) - Summary

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.

S8402 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8402

SPONSOR: SERINO
 
TITLE OF BILL:  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

 
PURPOSE:

This bill would require a two-thirds vote from each house of the state
legislature to impose or extend taxes, and a two-thirds vote from local
legislative bodies enacting a local law to impose or extend taxes. This
bill would ensure that a supermajority of state or local legislative
representatives assent to an imposition of a tax, which also holds
elected officials more accountable to the state's taxpayers, both at the
statewide and the local levels of government.

 
SUMMARY OF PROVISIONS:

Section 1 requires a two-thirds vote from each house of the state legis-

lature to increase, extend, impose, or revive taxes.

Section 2 requires a two-thirds vote from a local legislative body to
enact a local law increasing, extending, imposing or reviving a tax.

 
JUSTIFICATION:

By ensuring that a supermajority of legislative representatives, on the
state or local level, assent to a tax increase, imposition, or extension
of taxes, fees, assessments, and surcharges, this bill seeks ensure that
the increased revenue was truly vital to the entire State or to the
local community.

As scores of New Yorkers voice their collective opposition to and frus-
tration with record high tax levels, this concurrent resolution seeks to
enshrine in the state constitution a higher level of legislative assent
to statewide or local tax increases, impositions, and extensions.

 
LEGISLATIVE HISTORY:

New proposal.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Upon passage of two separately elected Legislatures and approval by the
voters after such passage.

S8402 (ACTIVE) - Bill Text download pdf


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

                                  8402

                            I N  S E N A T E

                               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

  Section 1. Resolved (if the Assembly concur), That section 14 of arti-
cle 3 of the constitution be amended to read as follows:
  §  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.
  For purposes of this section, a bill shall be deemed to be printed and
upon the desks of the members if: it is set forth in a legible electron-
ic  format  by  electronic means, and it is available for review in such
format at the desks of the members. For purposes of this section  "elec-
tronic  means"  means  any method of transmission of information between
computers or other machines designed for  the  purpose  of  sending  and
receiving   such  transmissions  and  which:  allows  the  recipient  to
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

expression; and does not permit additions, deletions or other changes to
be made without leaving an adequate record thereof.
  §  2. Resolved (if the Assembly concur), That the opening paragraph of
paragraph (c) of section 2 of article 9 of the constitution  be  amended
to read as follows:
  In  addition  to powers granted in the statute of local governments or
any other law, (i) every local government shall have power to adopt  and
amend  local laws not inconsistent with the provisions of this constitu-
tion or any general law relating to its property, affairs or government,
PROVIDED, HOWEVER, ANY LOCAL LAW THAT INCREASES,  EXTENDS,  IMPOSES,  OR
REVIVES ANY TAX FOR WHICH AUTHORITY IS REQUIRED BY THE LEGISLATURE SHALL
REQUIRE THE VOTE OF TWO-THIRDS OF THE TOTAL VOTING POWER OF THE LEGISLA-
TIVE  BODY  OF  SUCH  LOCAL  GOVERNMENT and, (ii) every local government
shall have power to adopt and amend local laws not inconsistent with the
provisions of this constitution or  any  general  law  relating  to  the
following  subjects, whether or not they relate to the property, affairs
or government of such local government, except to the  extent  that  the
legislature  shall restrict the adoption of such a local law relating to
other than the property, affairs or government of such local government:
  § 3. 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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The New York State Senate

senate Bill S8402

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Your Voice

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Votes

May 7, 2018 - floor Vote

Floor Vote: May 7, 2018

May 7, 2018 - Rules committee Vote

Rules Committee Vote: May 7, 2018

Co-Sponsors

S8402 (ACTIVE) - Details

S8402 (ACTIVE) - Summary

S8402 (ACTIVE) - Sponsor Memo

S8402 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8402

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Sponsored By

Sue Serino

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Your Voice

Actions

Votes

May 7, 2018 - floor Vote

Floor Vote: May 7, 2018

May 7, 2018 - Rules committee Vote

Rules Committee Vote: May 7, 2018

Co-Sponsors

Rich Funke

S8402 (ACTIVE) - Details

S8402 (ACTIVE) - Summary

S8402 (ACTIVE) - Sponsor Memo

S8402 (ACTIVE) - Bill Text download pdf

Comments