S T A T E   O F   N E W   Y O R K
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                                  1892

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to article 7 of the constitution, in relation  to
  limiting  the  growth  on  New York state disbursements and creating a
  revenue stabilization tax reduction and debt repayment fund; repealing
  section 17 of article 7 of the constitution  relating  to  authorizing
  the  establishment of a fund to aid in the stabilization of tax reven-
  ues

  Section 1. Resolved (if the Assembly concur), That article  7  of  the
constitution be amended by adding a new section 7-a to read as follows:
  S  7-A.  1. EXCEPT IN THE CASE OF AN EMERGENCY, THE GOVERNOR SHALL NOT
SUBMIT ANY APPROPRIATION BILL OR BILLS, NOR SHALL  THE  LEGISLATURE  ACT
UPON  ANY  SUCH APPROPRIATION BILL OR SUPPLEMENTAL APPROPRIATION BILL OR
BILLS FOR THE SUPPORT OF GOVERNMENT WHICH AUTHORIZE AN INCREASE IN TOTAL
STATE SPENDING OVER THE PRECEDING STATE FISCAL YEAR WHICH IS  IN  EXCESS
OF THE PRODUCT OF THE TOTAL STATE SPENDING FOR THE PRECEDING FISCAL YEAR
AND  THE  LESSER  OF ONE HUNDRED TWENTY PERCENT OF THE INFLATION RATE OR
TWO PERCENT.
  2. UPON A FINDING AND DECLARATION OF AN EMERGENCY BY THE GOVERNOR WITH
CONCURRENCE OF THE COMPTROLLER, THE GOVERNOR MAY SUBMIT AN APPROPRIATION
BILL OR BILLS WHICH AUTHORIZE TOTAL STATE  SPENDING  IN  EXCESS  OF  THE
LIMITATION PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
  3. FOR PURPOSES OF THIS SECTION:
  A.  "TOTAL  STATE  SPENDING"  SHALL  MEAN ALL STATE FUNDS, WHICH SHALL
CONSTITUTE: (I) GENERAL FUNDS; (II) SPECIAL REVENUE FUNDS; (III) CAPITAL
PROJECT FUNDS; (IV) DEBT SERVICE FUNDS.
  B. "INFLATION RATE" SHALL MEAN THE ANNUAL  PERCENTAGE  CHANGE  IN  THE
CONSUMER  PRICE  INDEX,  ALL  URBAN, AS PUBLISHED BY THE BUREAU OF LABOR
STATISTICS, OR ANY SUCCESSOR AGENCY, FOR THE PREVIOUS TWELVE MONTH PERI-
OD ENDING OCTOBER THIRTY-FIRST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD89094-02-1
              

S. 1892                             2

  C. "EMERGENCY" SHALL MEAN AN EXTRAORDINARY, UNFORESEEN  OR  UNEXPECTED
OCCURRENCE  OR COMBINATION OF CIRCUMSTANCES IN A GIVEN FISCAL YEAR WHICH
REQUIRES IMMEDIATE AND SUDDEN FISCAL ACTION OF A DRASTIC  BUT  TEMPORARY
NATURE.
  S  2.  Resolved (if the Assembly concur), That section 17 of article 7
of the constitution be REPEALED and a new section 17 be added to read as
follows:
  S 17.  IN ANY STATE FISCAL YEAR IF TOTAL STATE REVENUES ARE IN  EXCESS
OF  THE STATE SPENDING LIMITATION PURSUANT TO SUBDIVISION ONE OF SECTION
SEVEN-A OF THIS ARTICLE, ONE-HALF OF THE  REVENUES  IN  EXCESS  OF  SUCH
STATE  SPENDING  LIMITATION MUST BE DEPOSITED INTO THE TAX STABILIZATION
RESERVE FUND. THE REMAINDER SHALL  BE  RETURNED  TO  NEW  YORK  RESIDENT
TAXPAYERS IN PROPORTION TO PERSONAL INCOME TAX LIABILITY.
  S  3. 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.