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S7564Senate2019-2020 SessionSame asA3538

Require Supermajority for Tax Hikes

Official title

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

Sponsor Daphne JordanSD-43Affects Legal
Status
In Senate Committee
Judiciary
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill proposes a constitutional amendment requiring a two-thirds legislative vote to approve any increases in state taxes, fees, or similar levies.

Why it matters

  1. Shifts power over tax and fee increases from a simple majority to a supermajority (two-thirds) in both legislative chambers. , making it significantly harder to raise state revenue through taxes, fees, surcharges, or similar levies.

  2. Potentially limits the state's fiscal flexibility during emergencies or budget shortfalls. , as even necessary tax or fee increases would require broader consensus, possibly leading to gridlock or underfunded public services.

  3. Home rule exceptions mean local governments can still request tax changes with a simple majority. , preserving some autonomy for municipalities to address their fiscal needs, but only when following specific constitutional procedures.

  4. May empower minority factions in the legislature to block revenue measures. , increasing the leverage of smaller groups or parties and potentially complicating negotiations on state budgets and funding for programs.

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Who cares

Headline styles

Require Supermajority for Tax Hikes

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Daphne Jordan

Senator · Senate District 43

No co-sponsors yet.

History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3538Assembly

Supermajority Needed for Tax Hikes

In Assembly Committee · Judiciary · Sponsor Philip Palmesano

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7564

IN SENATE

January 27, 2020

Introduced by Sen. JORDAN -- 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 article 3 of the constitution be amended to read as follows:

§ 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 opinion necessitate an immediate vote thereon, in which case it must nevertheless 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.

For purposes of this section, a bill shall be deemed to be printed and upon the desks of the members if: it is set forth in a legible electronic format by electronic means, and it is available for review in such format at the desks of the members. For purposes of this section "electronic means" means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions and which: allows the recipient to reproduce the information transmitted in a tangible medium of

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD89081-01-9

S. 7564 2

expression; and does not permit additions, deletions or other changes to be made without leaving an adequate record thereof.

§ 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 or general idea of bill

Requires two-thirds vote of the State Legislature for any increase, extension, imposition or restoration of any tax, fee, assessment, surcharge or any other such levy change, except 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-third's majority vote, rather than a simple majority vote in the Senate and Assembly for any increase, extension, imposition or restora- tion of any tax, fee, assessment, surcharge or any other such levy change, except any bill which results from the passage of a home rule.

Justification

Currently, only a majority vote is required for legislation to be passed which raises new revenue. This legislation would require broad and over- whelming 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 the runaway budget spending that we saw over the past couple of years and it will help curtail the use of New York's taxpayers as the State's ATV.

Prior legislative history

New bill in Senate;

A.4669 of 2017-2018,held for consideration in government operations

A.4665 of 2015-2016,held for consideration in government operations

A.4774 of 2013-2014,opinion referred to judiciary

A.8230 of 2011-2012,held for consideration in governmental operations

S.1683 of 2013-2014,opinion referred to judiciary

Fiscal implications for state and local governments

Will force the State to live within its current means.

Effective date

In the State fiscal year that this amendment is ratified.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.