senate Bill S8402

2017-2018 Legislative Session

Relates to the procedure for voting increases in the rate of state taxes

download bill text pdf

Sponsored By

Current 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

Co-Sponsors

S8402 - Details

Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §14, Art 9 §2, Constn

S8402 - 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 - Sponsor Memo

S8402 - 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

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