Bill Text: NY S00711 | 2025-2026 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2025-01-31 - OPINION REFERRED TO JUDICIARY [S00711 Detail]

Download: New_York-2025-S00711-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           711

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by Sens. RHOADS, BORRELLO -- 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

     1    Section 1. Resolved (if the Assembly concur), That section 14 of arti-
     2  cle 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
     7  or her] hand and the seal of the state, the facts which in [his or  her]
     8  such governor or acting governor's opinion necessitate an immediate vote
     9  thereon,  in  which  case  it must nevertheless be upon the desks of the
    10  members in  final  form,  not  necessarily  printed,  before  its  final
    11  passage;  nor  shall  any  bill,  except as provided in this section, be
    12  passed or become a law, except by  the  assent  of  a  majority  of  the
    13  members  elected  to  each branch of the legislature; nor shall any bill
    14  which increases, extends, imposes, or revives any tax, fee,  assessment,
    15  surcharge  or  any  other such levy or collection, except any bill which
    16  results from the passage of a home rule message pursuant to section  two
    17  of  article nine of this constitution, be passed or become a law, except
    18  by the assent of two-thirds of the members elected to each branch of the
    19  legislature voting separately; and upon the last reading of a  bill,  no
    20  amendment  thereof  shall  be  allowed,  and the question upon its final
    21  passage shall be taken immediately thereafter, and  the  ayes  and  nays
    22  entered on the journal.
    23    For purposes of this section, a bill shall be deemed to be printed and
    24  upon the desks of the members if: it is set forth in a legible electron-
    25  ic  format  by  electronic means, and it is available for review in such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89005-01-5
        S. 711                              2

     1  format at the desks of the members. For purposes of this section  "elec-
     2  tronic  means"  means  any method of transmission of information between
     3  computers or other machines designed for  the  purpose  of  sending  and
     4  receiving   such  transmissions  and  which:  allows  the  recipient  to
     5  reproduce  the  information  transmitted  in  a   tangible   medium   of
     6  expression; and does not permit additions, deletions or other changes to
     7  be made without leaving an adequate record thereof.
     8    §  2. Resolved (if the Assembly concur), That the opening paragraph of
     9  paragraph (c) of section 2 of article 9 of the constitution  be  amended
    10  to read as follows:
    11    In  addition  to powers granted in the statute of local governments or
    12  any other law, (i) every local government shall have power to adopt  and
    13  amend  local laws not inconsistent with the provisions of this constitu-
    14  tion or any general law relating to its property, affairs or government,
    15  provided, however, any local law that increases,  extends,  imposes,  or
    16  revives any tax for which authority is required by the legislature shall
    17  require the vote of two-thirds of the total voting power of the legisla-
    18  tive  body  of  such  local  government and, (ii) every local government
    19  shall have power to adopt and amend local laws not inconsistent with the
    20  provisions of this constitution or  any  general  law  relating  to  the
    21  following  subjects, whether or not they relate to the property, affairs
    22  or government of such local government, except to the  extent  that  the
    23  legislature  shall restrict the adoption of such a local law relating to
    24  other than the property, affairs or government of such local government:
    25    § 3. Resolved (if the Assembly concur), That the  foregoing  amendment
    26  be referred to the first regular legislative session convening after the
    27  next  succeeding  general  election  of members of the assembly, and, in
    28  conformity with  section  1  of  article  19  of  the  constitution,  be
    29  published for 3 months previous to the time of such election.