S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6876
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
   Committee on Governmental 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.  TAX  INCREASES;  REQUIREMENTS.    NOTWITHSTANDING  ANY OTHER
 PROVISIONS OF LAW TO THE CONTRARY, ANY TAXES AUTHORIZED UNDER THIS ARTI-
 CLE 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09189-01-3
              

 A. 6876                             2
 
 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
 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.