New York State Senator
Dale Volker
  59th Senate District
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SENATOR DALE M. VOLKER PASSES CONSTITUTIONAL SPENDING CAP TO PROTECT STATE TAXPAYERS

Action Will Provide Tax Relief and Spending Constraints

(DEPEW, N.Y.) – Senator Dale M. Volker today announced that The New York State Senate passed legislation (S.8738) to enact a constitutional spending cap that would limit year-to-year State spending increases to no more than four percent and force both houses of the Legislature and Governor to live within its means. The spending cap is needed more than ever given concerns about the State’s economic climate and the spending cuts being made to close budget deficits.

This amendment would reduce state spending by $2.8 billion in the next fiscal year. In addition, had this constitutional amendment been in place the last five years, State taxpayers would have saved $13.1 billion, half of which would have been returned to taxpayers and the other half placed in a rainy day reserve fund.

"New York State Taxpayers are hurting and we must be aggressive in doing all that we can to reduce property taxes and control future spending at the state-level in order to continue the services and programs that New York State provides for millions of New Yorkers," said Senator Dale M. Volker. "Enough talk, we need immediate action. By doing a constitutional spending cap, the State of New York will be able to have a clear boundary that replaces a technically challenged guessing game relating to state finances. We are already making tough decisions to balance this year’s budget without cutting state funds for schools and health care. We have to do more and the reason why we must enact this legislation into law."

Under the Senate proposal, year-to-year State spending increases would be limited to 120 percent of the Consumer Price Index (CPI) or 4 percent, whichever is less. In any given year, fifty percent of tax revenue that exceeded the cap would be placed in a reserve fund and fifty percent would be returned to taxpayers in the form of direct tax rebates.


In addition, the amendment would force the Executive to resubmit a balanced Budget to address any shortfalls in revenue that occur after the submission of the Executive Budget, and make any necessary spending revisions to reflect the declining revenue.

The constitutional spending cap proposal would give the Executive the authority to exceed the cap in the event of a fiscal emergency or other extraordinary circumstances, however, the Comptroller would be required to independently certify the financial crisis.

According to a 2007 report by the National Conference of State Legislatures, thirty states have put in place statutory or constitutional tax or spending limits. New York continues to rank at or near the top in combined state and local tax burden, further illustrating the need to enact a spending cap.

The bill was sent to the Assembly.

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