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.
