New York S 1308: Requires assent of two-thirds of the members for any bill that enacts or increases tax revenues

Status: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: S 1308

Sponsors: Patricia Canzoneri-Fitzpatrick, Peter Oberacker, Steve Rhoads

Bill Text

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S01308 Summary:

BILL NOS01308 

&nbsp

SAME ASNo Same As

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SPONSORCANZONERI-FITZPATRICK

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COSPNSROBERACKER, RHOADS

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MLTSPNSR

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Amd §52, Leg L; add §1200, Tax L; amd §40, Munic Home R L

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

Go to top S01308 Actions:

BILL NOS01308 

&nbsp

01/09/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS01308 Committee&nbspVotes:

Go to topS01308 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01308 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1308

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sen. CANZONERI-FITZPATRICK -- read twice and ordered
 printed, and when printed to be committed to the Committee on Investi-
 gations and Government 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:

 1 Section 1. Section 52 of the legislative law is amended by adding a
 2 new subdivision 5 to read as follows:
 3 5. Assent of two-thirds. For any bill that increases, extends,
 4 imposes, or revives any tax, fee, assessment, surcharge or any other
 5 such levy or collection, except any bill which results from the passage
 6 of a home rule message pursuant to section two of article nine of the
 7 constitution, the assent of two-thirds of the members elected to each
 8 branch of the legislature shall be required for passage of such bill.
 9 § 2. The tax law is amended by adding a new section 1200 to read as
 10 follows:
 11 § 1200. Tax increases; requirements. Notwithstanding any other
 12 provisions of law to the contrary, any taxes authorized under this arti-
 13 cle for which a local legislative body is empowered to adopt and amend
 14 local laws to impose a new tax, increase the rate of an existing tax or
 15 extend the authorization for a tax shall require the assent of two-
 16 thirds of the members of such local legislative body.
 17 § 3. Section 40 of the municipal home rule law, as amended by chapter
 18 78 of the laws of 1964, is amended to read as follows:
 19 § 40. Requests of local governments for enactment of special laws
 20 relating to their property, affairs or government. The elective or
 21 appointive chief executive officer, if there be one, or otherwise the
 22 chairman of the board of supervisors, in the case of a county, the mayor
 23 in the case of a city or village or the supervisor in the case of a town

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00917-01-5

 S. 1308 2

 1 with the concurrence of the legislative body of such local government,
 2 or the legislative body by a vote of two-thirds of its total voting
 3 power without the approval of such officer, may request the legislature
 4 to pass a specific bill relating to the property, affairs or government
 5 of such local government which does not in terms and in effect apply
 6 alike to all counties, all counties other than those wholly included
 7 within a city, all cities, all towns or all villages, as the case may
 8 be. Such a request may be made separately by two or more local govern-
 9 ments affected by the same bill. Every such request shall declare that a
 10 necessity exists for the passage of such bill by the legislature and
 11 shall recite the facts establishing such necessity. The form of request
 12 and the manner of its communication to the legislature shall conform to
 13 rules promulgated by concurrent resolution of the senate and assembly
 14 pursuant to article three-A of the legislative law. In adopting such a
 15 request the legislative body shall be governed by the provisions of
 16 subdivision one of section twenty of this chapter with regard to the
 17 adoption of a local law. The validity of an act passed by the legisla-
 18 ture in accordance with such a request shall not be subject to review by
 19 th

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