Bill Text: NY S03040 | 2021-2022 | General Assembly | Introduced
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 - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03040 Detail]
Download: New_York-2021-S03040-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3040 2021-2022 Regular Sessions IN SENATE January 27, 2021 ___________ Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07321-01-1S. 3040 2 1 with the concurrence of the legislative body of such local government, 2 or the legislative body by a vote of two-thirds of its total voting 3 power without the approval of such officer, may request the legislature 4 to pass a specific bill relating to the property, affairs or government 5 of such local government which does not in terms and in effect apply 6 alike to all counties, all counties other than those wholly included 7 within a city, all cities, all towns or all villages, as the case may 8 be. Such a request may be made separately by two or more local govern- 9 ments affected by the same bill. Every such request shall declare that a 10 necessity exists for the passage of such bill by the legislature and 11 shall recite the facts establishing such necessity. The form of request 12 and the manner of its communication to the legislature shall conform to 13 rules promulgated by concurrent resolution of the senate and assembly 14 pursuant to article three-A of the legislative law. In adopting such a 15 request the legislative body shall be governed by the provisions of 16 subdivision one of section twenty of this chapter with regard to the 17 adoption of a local law. The validity of an act passed by the legisla- 18 ture in accordance with such a request shall not be subject to review by 19 the courts on the ground that the necessity alleged in the request did 20 not exist or was not properly established by the facts recited. 21 Provided however, any request of local governments for enactment of laws 22 which increases, extends, imposes or revives any tax, fee, assessment or 23 surcharge shall require the vote of two-thirds of the total voting power 24 of the legislative body of such local government. 25 § 4. This act shall take effect immediately.
