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

Sponsored By

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

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

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

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