Bill Text: NY S08401 | 2017-2018 | 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.

Sponsorship: Partisan Bill (Republican 2)

Status: (Engrossed - Dead) 2018-05-07 - referred to governmental operations [S08401 Detail]

Download: New_York-2017-S08401-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8401
                    IN SENATE
                                       May 4, 2018
                                       ___________
        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.  Notwithstanding any other provisions of law to the contrary,
    12  any taxes authorized under this article for which  a  local  legislative
    13  body  is  empowered  to  adopt and amend local laws to impose a new tax,
    14  increase the rate of an existing tax or extend the authorization  for  a
    15  tax  shall require the assent of two-thirds of the members of such local
    16  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,
    25  or  the  legislative  body  by  a vote of two-thirds of its total voting
    26  power without the approval of such officer, may request the  legislature
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15620-02-8
        S. 8401                             2
     1  to  pass a specific bill relating to the property, affairs or government
     2  of such local government which does not in terms  and  in  effect  apply
     3  alike  to  all  counties,  all counties other than those wholly included
     4  within  a  city,  all cities, all towns or all villages, as the case may
     5  be. Such a request may be made separately by two or more  local  govern-
     6  ments affected by the same bill. Every such request shall declare that a
     7  necessity  exists  for  the  passage of such bill by the legislature and
     8  shall recite the facts establishing such necessity. The form of  request
     9  and  the manner of its communication to the legislature shall conform to
    10  rules promulgated by concurrent resolution of the  senate  and  assembly
    11  pursuant  to  article three-A of the legislative law. In adopting such a
    12  request the legislative body shall be  governed  by  the  provisions  of
    13  subdivision  one  of  section  twenty of this chapter with regard to the
    14  adoption of a local law. The validity of an act passed by  the  legisla-
    15  ture in accordance with such a request shall not be subject to review by
    16  the  courts  on the ground that the necessity alleged in the request did
    17  not exist  or  was  not  properly  established  by  the  facts  recited.
    18  Provided however, any request of local governments for enactment of laws
    19  which increases, extends, imposes or revives any tax, fee, assessment or
    20  surcharge shall require the vote of two-thirds of the total voting power
    21  of the legislative body of such local government.
    22    § 4. This act shall take effect immediately.