S T A T E   O F   N E W   Y O R K
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                                   8402
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced  by  Sen.  SERINO -- 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

   Section 1. Resolved (if the Assembly concur), That section 14 of arti-
 cle 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 opin-
 ion necessitate an immediate vote thereon, in which case it must  never-
 theless  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 electron-
 ic  format  by  electronic means, and it is available for review in such
 format at the desks of the members. For purposes of this section  "elec-
 tronic  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.
                                                            LBD89143-02-8

 S. 8402                             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 opening paragraph of
 paragraph (c) of section 2 of article 9 of the constitution  be  amended
 to read as follows:
   In  addition  to powers granted in the statute of local governments or
 any other law, (i) every local government shall have power to adopt  and
 amend  local laws not inconsistent with the provisions of this constitu-
 tion or any general law relating to its property, affairs or government,
 PROVIDED, HOWEVER, ANY LOCAL LAW THAT INCREASES,  EXTENDS,  IMPOSES,  OR
 REVIVES ANY TAX FOR WHICH AUTHORITY IS REQUIRED BY THE LEGISLATURE SHALL
 REQUIRE THE VOTE OF TWO-THIRDS OF THE TOTAL VOTING POWER OF THE LEGISLA-
 TIVE  BODY  OF  SUCH  LOCAL  GOVERNMENT and, (ii) every local government
 shall have power to adopt and amend local laws not inconsistent with the
 provisions of this constitution or  any  general  law  relating  to  the
 following  subjects, whether or not they relate to the property, affairs
 or government of such local government, except to the  extent  that  the
 legislature  shall restrict the adoption of such a local law relating to
 other than the property, affairs or government of such local government:
   § 3. 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.