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.
STATE OF NEW YORK
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5187
2023-2024 Regular Sessions
IN ASSEMBLY
March 3, 2023
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Introduced by M. of A. PALMESANO, BLANKENBUSH, BRABENEC, DeSTEFANO,
FRIEND, LEMONDES, MANKTELOW, McDONOUGH, MILLER, MORINELLO, NORRIS, RA,
REILLY, TAGUE -- Multi-Sponsored by -- M. of A. BARCLAY, BYRNES,
DiPIETRO, J. M. GIGLIO, HAWLEY, 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.
22 For purposes of this section, a bill shall be deemed to be printed and
23 upon the desks of the members if: it is set forth in a legible electron-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89086-01-3
A. 5187 2
1 ic format by electronic means, and it is available for review in such
2 format at the desks of the members. For purposes of this section "elec-
3 tronic means" means any method of transmission of information between
4 computers or other machines designed for the purpose of sending and
5 receiving such transmissions and which: allows the recipient to
6 reproduce the information transmitted in a tangible medium of
7 expression; and does not permit additions, deletions or other changes to
8 be made without leaving an adequate record thereof.
9 § 2. Resolved (if the Senate concur), That the foregoing amendment be
10 referred to the first regular legislative session convening after the
11 next succeeding general election of members of the assembly, and, in
12 conformity with section 1 of article 19 of the constitution, be
13 published for 3 months previous to the time of such election.
