Bill Text: NY A06876 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires assent of two-thirds of the members for any bill that enacts or increases tax revenues.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A06876 Detail]

Download: New_York-2023-A06876-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6876

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
          Committee on Governmental Operations

        AN ACT to amend the legislative law, the tax law and the municipal  home
          rule law, in relation to requiring assent of two-thirds of the members
          for any bill that enacts or increases tax revenues

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 52 of the legislative law is amended  by  adding  a
     2  new subdivision 5 to read as follows:
     3    5.  Assent  of  two-thirds.  For  any  bill  that  increases, extends,
     4  imposes, or revives any tax, fee, assessment,  surcharge  or  any  other
     5  such  levy or collection, except any bill which results from the passage
     6  of a home rule message pursuant to section two of article  nine  of  the
     7  constitution,  the  assent  of two-thirds of the members elected to each
     8  branch of the legislature shall be required for passage of such bill.
     9    § 2. The tax law is amended by adding a new section 1200  to  read  as
    10  follows:
    11    §  1200.  Tax  increases;  requirements.    Notwithstanding  any other
    12  provisions of law to the contrary, any taxes authorized under this arti-
    13  cle for which a local legislative body is empowered to adopt  and  amend
    14  local  laws to impose a new tax, increase the rate of an existing tax or
    15  extend the authorization for a tax shall  require  the  assent  of  two-
    16  thirds of the members of such local legislative body.
    17    §  3. Section 40 of the municipal home rule law, as amended by chapter
    18  78 of the laws of 1964, is amended to read as follows:
    19    § 40. Requests of local governments  for  enactment  of  special  laws
    20  relating  to  their  property,  affairs  or  government. The elective or
    21  appointive chief executive officer, if there be one,  or  otherwise  the
    22  chairman of the board of supervisors, in the case of a county, the mayor
    23  in the case of a city or village or the supervisor in the case of a town
    24  with  the  concurrence of the legislative body of such local government,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09189-01-3
        A. 6876                             2

     1  or the legislative body by a vote of  two-thirds  of  its  total  voting
     2  power  without the approval of such officer, may request the legislature
     3  to pass a specific bill relating to the property, affairs or  government
     4  of  such  local  government  which does not in terms and in effect apply
     5  alike to all counties, all counties other  than  those  wholly  included
     6  within  a  city,  all cities, all towns or all villages, as the case may
     7  be. Such a request may be made separately by two or more  local  govern-
     8  ments affected by the same bill. Every such request shall declare that a
     9  necessity  exists  for  the  passage of such bill by the legislature and
    10  shall recite the facts establishing such necessity. The form of  request
    11  and  the manner of its communication to the legislature shall conform to
    12  rules promulgated by concurrent resolution of the  senate  and  assembly
    13  pursuant  to  article three-A of the legislative law. In adopting such a
    14  request the legislative body shall be  governed  by  the  provisions  of
    15  subdivision  one  of  section  twenty of this chapter with regard to the
    16  adoption of a local law. The validity of an act passed by  the  legisla-
    17  ture in accordance with such a request shall not be subject to review by
    18  the  courts  on the ground that the necessity alleged in the request did
    19  not exist  or  was  not  properly  established  by  the  facts  recited.
    20  Provided however, any request of local governments for enactment of laws
    21  which increases, extends, imposes or revives any tax, fee, assessment or
    22  surcharge shall require the vote of two-thirds of the total voting power
    23  of the legislative body of such local government.
    24    § 4. This act shall take effect immediately.