S1683-2013 Actions

• Feb 6, 2013: OPINION REFERRED TO JUDICIARY
• Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 9, 2013: REFERRED TO JUDICIARY

S1683-2013 Memo

BILL NUMBER:S1683

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-thirds 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 runaway budget spending
and  will  help curtail the use of New York's taxpayers as the State's
ATM.

LEGISLATIVE HISTORY: 2011 - Passed Senate

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.

S1683-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1683
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  ZELDIN -- 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 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.
 

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.
 LBD89010-01-3

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