The two other bills would amend the state constitution. The first would impose a State spending cap set at the lower of 2% or 120% of inflation over prior year spending levels.

The Resolution would require that one half of any excess revenue received by the State in a fiscal year be put into a Tax Stabilization Reserve Fund, the other half would be returned to New York taxpayers in proportion to personal income tax liability.

The second constitutional amendment would require a two-thirds “super majority” vote of the Legislature for any legislation “…which increases, extends, imposes, or revives any tax, fee, assessment, surcharge or any other such levy or collection…” This would appear to apply to any home rule legislation as well.

These constitutional amendments must pass both houses of the State Legislature over two separate sessions.

ARTICLE XIX

AMENDMENTS TO CONSTITUTION Section 1. Any amendment or amendments to this constitution may be

proposed in the senate and assembly whereupon such amendment or

amendments shall be referred to the attorney-general whose duty it shall

be within twenty days thereafter to render an opinion in writing to the

senate and assembly as to the effect of such amendment or amendments

upon other provisions of the constitution. Upon receiving such opinion,

if the amendment or amendments as proposed or as amended shall be

agreed to by a majority of the members elected to each of the two

houses, such proposed amendment or amendments shall be entered on

their journals, and the ayes and noes taken thereon, and referred to the

next regular legislative session convening after the succeeding general

election of members of the assembly, and shall be published for three

months previous to the time of making such choice; and if in such

legislative session, such proposed amendment or amendments shall be

agreed to by a majority of all the members elected to each house, then

it shall be the duty of the legislature to submit each proposed amendment

or amendments to the people for approval in such manner and at

such times as the legislature shall prescribe; and if the people shall

approve and ratify such amendment or amendments by a majority of the

electors voting thereon, such amendment or amendments shall become

a part of the constitution on the first day of January next after such

approval. Neither the failure of the attorney-general to render an

opinion concerning such a proposed amendment nor his or her failure

to do so timely shall affect the validity of such proposed amendment or

legislative action thereon. (Formerly §1 of Art. 14. Renumbered and

amended by Constitutional Convention of 1938 and approved by vote

of the people November 8, 1938; further amended by vote of the people

November 4, 1941; November 6, 2001.)

[Amendments to constitution; how proposed, voted upon and ratified;

failure of attorney-general to render opinion not to affect

validity]