Bill S1683-2013

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

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.

Details

Actions

  • Feb 19, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 28, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 9, 2013: REFERRED TO JUDICIARY

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Jun 4, 2013
Ayes (16): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Savino, Ranzenhofer, Zeldin, Carlucci, Breslin, Dilan, Addabbo
Ayes W/R (2): Hannon, Adams
Nays (5): Hassell-Thompson, Espaillat, Perkins, Stavisky, Hoylman
VOTE: COMMITTEE VOTE: - Judiciary - Jan 28, 2014
Ayes (13): Bonacic, DeFrancisco, Flanagan, Lanza, LaValle, Little, Nozzolio, O'Mara, Savino, Ranzenhofer, Zeldin, Hassell-Thompson, Addabbo
Ayes W/R (3): Hannon, Carlucci, Breslin
Nays (6): Dilan, Espaillat, Perkins, Stavisky, Hoylman, Squadron

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1683 2013-2014 Regular Sessions IN 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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