NY State Senate Bill S8401

senate Bill S8401

2017-2018 Legislative Session

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

download bill text pdf

Current 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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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

Votes

Co-Sponsors

S8401 - Details

Law Section:: Legislative Law
Laws Affected:: Amd §52, Leg L; add §1200, Tax L; amd §40, Munic Home R L

S8401 - Summary

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

S8401 - 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:

Section 1 of the bill amends the Legislative Law to require a two-thirds
vote from each house of the state legislature to increase, extend,
impose, or revive taxes.

Section 2 of the bill amends the Tax Law to require a two-thirds vote
from a local legislative body that adopts or amends a local law impos-
ing, increasing or extending a tax.

Section 3 of the bill amends the Municipal Home Rule Law to require a
two-thirds vote from a local legislative body that requests the state
legislature to enact a state law increasing, extending, imposing or
reviving a tax.

Section 4 of the bill contains the effective date.

 
JUSTIFICATION:

By ensuring that a supermajority of legislative representatives, on the
state or local level, assent to a tax increase, imposition, or extension
of taxes, fees, assessments, and surcharges, this bill seeks to hold
elected officials more accountable for New York's increasingly high tax
burden on state and local taxpayers.

As scores of New Yorkers voice their collective opposition to and frus-
tration with record high tax levels, this bill seeks to make legislative
representatives on the state and local levels more attuned to such
concerns, and requiring a higher level of legislative assent to tax
increases, impositions, and extensions may require legislators to
consider more fully the impacts of higher or additional taxes before
passing such taxes on to New York's population.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This bill would take effect immediately.

S8401 - 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

                      [ ] is old law to be omitted.
                                                           LBD15620-02-8

S. 8401                             2

to  pass a specific bill relating to the property, affairs or government
of such local government which does not in terms  and  in  effect  apply
alike  to  all  counties,  all counties other than those wholly included
within  a  city,  all cities, all towns or all villages, as the case may
be. Such a request may be made separately by two or more  local  govern-
ments affected by the same bill. Every such request shall declare that a
necessity  exists  for  the  passage of such bill by the legislature and
shall recite the facts establishing such necessity. The form of  request
and  the manner of its communication to the legislature shall conform to
rules promulgated by concurrent resolution of the  senate  and  assembly
pursuant  to  article three-A of the legislative law. In adopting such a
request the legislative body shall be  governed  by  the  provisions  of
subdivision  one  of  section  twenty of this chapter with regard to the
adoption of a local law. The validity of an act passed by  the  legisla-
ture in accordance with such a request shall not be subject to review by
the  courts  on the ground that the necessity alleged in the request did
not exist  or  was  not  properly  established  by  the  facts  recited.
PROVIDED HOWEVER, ANY REQUEST OF LOCAL GOVERNMENTS FOR ENACTMENT OF LAWS
WHICH INCREASES, EXTENDS, IMPOSES OR REVIVES ANY TAX, FEE, ASSESSMENT OR
SURCHARGE SHALL REQUIRE THE VOTE OF TWO-THIRDS OF THE TOTAL VOTING POWER
OF THE LEGISLATIVE BODY OF SUCH LOCAL GOVERNMENT.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S8401

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 7, 2018 - floor Vote

Floor Vote: May 7, 2018

May 7, 2018 - Rules committee Vote

Rules Committee Vote: May 7, 2018

Co-Sponsors

S8401 - Details

S8401 - Summary

S8401 - Sponsor Memo

S8401 - Bill Text download pdf

Comments

senate Bill S8401

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Sponsored By

Sue Serino

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 7, 2018 - floor Vote

Floor Vote: May 7, 2018

May 7, 2018 - Rules committee Vote

Rules Committee Vote: May 7, 2018

Co-Sponsors

Rich Funke

S8401 - Details

S8401 - Summary

S8401 - Sponsor Memo

S8401 - Bill Text download pdf

Comments