NY State Senate Bill 2009-S6747

Senate Bill S6747

2009-2010 Legislative Session

Authorizes a permissive referendum to be initiated by the local government or voters on an amendment or adoption to local laws relating to the increase of taxes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	referred to local government

2009-S6747 (ACTIVE) - Details

See Assembly Version of this Bill:: A9398
Current Committee:: Senate Local Government
Law Section:: Municipal Home Rule Law
Laws Affected:: Amd §24, Munic Home R L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2912
2013-2014: A5735
2015-2016: A5085
2017-2018: A5095, A10933
2019-2020: A4920

2009-S6747 (ACTIVE) - Summary

Authorizes a permissive referendum to be initiated by the local government or voters where a legislative body of a local government is amending or adopting local laws relating to the increase of taxes, fines, fees or surcharges pursuant to state legislative authority.

2009-S6747 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6747

 TITLE OF BILL :
An act to amend the municipal home rule law, in relation to
authorizing a permissive referendum where a legislative body of a
local government is amending or adopting local laws relating to the
increase of taxes pursuant to state legislative authority


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation authorizes a permissive referendum when a local
government seeks special authorization from the state legislature to
amend or adopt local laws relating to the increase of taxes, fines,
fees, or surcharges as a function of a home-rule request.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends Municipal Home Rule Law Section 24, Subdivision 2 by adding a
new Paragraph 1, which specifies that in the case where a legislative
body of a given unit of local government is granted special authority
by the state legislature to amend or adopt local laws relating to the
increase of taxes, fines, fees, or surcharges as a function of a home
rule request made to the state legislature by said legislative body,
such action would be subject to a permissive referendum.

 JUSTIFICATION :
With the economic melt-down on Wall Street and subsequent loss of

federal and state revenues, local governments have found themselves
financially challenged to maintain programs and services. As a partial
response, some local governments are seeking special legislative
authority from the state legislature to create new sources of revenue
in the form of increased fees, fines, surcharges, and other local
taxes. As municipalities seek home-rule authorization to enact these
measures taxpayers are looking for a greater say in the final decision
making, and have requested the ability to actually vote on proposed
measures. This legislation would provide the taxpaying public with
such an opportunity, and encourage a more comprehensive local review
and dialogue on how tax dollars are spent, and where additional
revenues may be needed.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
This legislation will have a salutary impact on the public decision
making process surrounding the amendment or adoption of local laws
which would increase taxes, fines, fees, or surcharges by increasing
public participation. Such increased public involvement may cause the
adoption or amendment process to be deliberative and could cause a
reduction in the number of home rule requests for this purpose, or may
cause certain proposals to be turned down by the voting public.

 EFFECTIVE DATE :
Immediately.

2009-S6747 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6747

                            I N  S E N A T E

                            February 2, 2010
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the municipal home rule law, in relation to  authorizing
  a permissive referendum where a legislative body of a local government
  is  amending  or adopting local laws relating to the increase of taxes
  pursuant to state legislative authority

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 2 of section 24 of the municipal home rule law
is amended by adding a new paragraph l to read as follows:
  L. IN THE CASE WHERE A LEGISLATIVE BODY  OF  A  GIVEN  UNIT  OF  LOCAL
GOVERNMENT  IS  GRANTED  SPECIAL  AUTHORITY  BY THE STATE LEGISLATURE TO
AMEND OR ADOPT LOCAL LAWS RELATING TO  THE  INCREASE  OF  TAXES,  FINES,
FEES,  OR  SURCHARGES  AS  A FUNCTION OF A HOME RULE REQUEST MADE TO THE
STATE LEGISLATURE BY SAID LEGISLATIVE BODY.
  S 2. This act shall take effect immediately and  shall  apply  to  any
pending  amendments  or adoptions to local laws relating to the increase
of taxes, fines, fees, or surcharges.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14457-04-0

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