Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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May 07, 2018 | referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1044 committee discharged and committed to rules |
May 04, 2018 | referred to investigations and government operations |
senate Bill S8401
Sponsored By
Sue Serino
(R, C, IP) 41st Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Co-Sponsors
Rich Funke
(R, C, IP) 0 Senate District
S8401 (ACTIVE) - Details
S8401 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8401 SPONSOR: SERINO TITLE OF BILL: 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 PURPOSE: This bill would require a two-thirds vote from each house of the state legislature to impose or extend taxes, a two-thirds vote from local legislative bodies to impose or extend local taxes, and a two-thirds vote from local legislative bodies requesting an imposition or extension of taxes by the state legislature. This bill would ensure that a super- majority of state or local legislative representatives assent to an imposition of a tax, which also holds elected officials more accountable to the state's taxpayers, both at the statewide and the local levels of government. SUMMARY OF PROVISIONS:
S8401 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8401 I N S E N A T E 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: Section 1. Section 52 of the legislative law is amended by adding a new subdivision 5 to read as follows: 5. ASSENT OF TWO-THIRDS. FOR ANY BILL THAT INCREASES, EXTENDS, IMPOSES, OR REVIVES ANY TAX, FEE, ASSESSMENT, SURCHARGE OR ANY OTHER SUCH LEVY OR COLLECTION, EXCEPT ANY BILL WHICH RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE PURSUANT TO SECTION TWO OF ARTICLE NINE OF THE CONSTITUTION, THE ASSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO EACH BRANCH OF THE LEGISLATURE SHALL BE REQUIRED FOR PASSAGE OF SUCH BILL. § 2. The tax law is amended by adding a new section 1200 to read as follows: § 1200. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, ANY TAXES AUTHORIZED UNDER THIS ARTICLE FOR WHICH A LOCAL LEGISLATIVE BODY IS EMPOWERED TO ADOPT AND AMEND LOCAL LAWS TO IMPOSE A NEW TAX, INCREASE THE RATE OF AN EXISTING TAX OR EXTEND THE AUTHORIZATION FOR A TAX SHALL REQUIRE THE ASSENT OF TWO-THIRDS OF THE MEMBERS OF SUCH LOCAL LEGISLATIVE BODY. § 3. Section 40 of the municipal home rule law, as amended by chapter 78 of the laws of 1964, is amended to read as follows: § 40. Requests of local governments for enactment of special laws relating to their property, affairs or government. The elective or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors, in the case of a county, the mayor in the case of a city or village or the supervisor in the case of a town with the concurrence of the legislative body of such local government, or the legislative body by a vote of two-thirds of its total voting power without the approval of such officer, may request the legislature EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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