S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1298
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced by Sens. SERINO, FUNKE -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89070-01-9

 S. 1298                             2
 
 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
 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.