Bill Text: NY A05788 | 2021-2022 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 27-1)

Status: (Introduced - Dead) 2022-05-09 - held for consideration in governmental operations [A05788 Detail]

Download: New_York-2021-A05788-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5788

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 25, 2021
                                       ___________

        Introduced  by  M.  of  A.  PALMESANO, BLANKENBUSH, BRABENEC, DeSTEFANO,
          FRIEND, MANKTELOW, B. MILLER, MONTESANO, MORINELLO, NORRIS, RA,  REIL-
          LY,  SALKA,  WALCZYK -- Multi-Sponsored by -- M. of A. ASHBY, BARCLAY,
          BYRNES, DiPIETRO, J. M. GIGLIO, HAWLEY, LALOR,  McDONOUGH,  M. MILLER,
          SAYEGH,  SMITH,  WALSH  --  read once and referred to the Committee on
          Governmental Operations

                    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

     1    Section 1. Resolved (if the Senate concur), That section 14 of article
     2  3 of the constitution be amended to read as follows:
     3    §  14.  No  bill  shall be passed or become a law unless it shall have
     4  been printed and upon the desks of the members, in its  final  form,  at
     5  least three calendar legislative days prior to its final passage, unless
     6  the governor, or the acting governor, shall have certified, under his or
     7  her  hand and the seal of the state, the facts which in his or her opin-
     8  ion necessitate an immediate vote thereon, in which case it must  never-
     9  theless  be upon the desks of the members in final form, not necessarily
    10  printed, before its  final  passage;  nor  shall  any  bill,  except  as
    11  provided  herein,  be  passed or become a law, except by the assent of a
    12  majority of the members elected to each branch of the  legislature;  nor
    13  shall  any  bill  which increases, extends, imposes, or revives any tax,
    14  fee, assessment, surcharge or any other such levy or collection,  except
    15  any  bill which results from the passage of a home rule message pursuant
    16  to section two of article nine of this constitution, be passed or become
    17  a law, except by the assent of two-thirds of the members elected to each
    18  branch of the legislature voting separately; and upon the  last  reading
    19  of  a bill, no amendment thereof shall be allowed, and the question upon
    20  its final passage shall be taken immediately thereafter,  and  the  ayes
    21  and nays entered on the journal.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89012-01-1

        A. 5788                             2

     1    For purposes of this section, a bill shall be deemed to be printed and
     2  upon the desks of the members if: it is set forth in a legible electron-
     3  ic  format  by  electronic means, and it is available for review in such
     4  format at the desks of the members. For purposes of this section  "elec-
     5  tronic  means"  means  any method of transmission of information between
     6  computers or other machines designed for  the  purpose  of  sending  and
     7  receiving   such  transmissions  and  which:  allows  the  recipient  to
     8  reproduce  the  information  transmitted  in  a   tangible   medium   of
     9  expression; and does not permit additions, deletions or other changes to
    10  be made without leaving an adequate record thereof.
    11    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    12  referred to the first regular legislative session  convening  after  the
    13  next  succeeding  general  election  of members of the assembly, and, in
    14  conformity with  section  1  of  article  19  of  the  constitution,  be
    15  published for 3 months previous to the time of such election.
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