Assembly Bill A10420

2009-2010 Legislative Session

Establishes a petition to start the process to change the elective office of receiver of taxes

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2010	referred to local governments

2009-A10420 (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Add Art 17-B §§799-a - 799-c, Gen Muni L; amd §§20 & 36, Town L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3634
2013-2014: A6460
2015-2016: A5500

2009-A10420 (ACTIVE) - Summary

Establishes a petition to start the process to change the elective office of receiver of taxes.

2009-A10420 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10420

TITLE  OF BILL:   An act to amend the general municipal law and the town
law, in relation to establishing a petition process to change the  elec-
tive office of receiver of taxes

PURPOSE  OR  GENERAL  IDEA OF BILL: Amend the General Municipal and Town
Laws in establishing a petition process to change the elective office or
receiver of taxes to an appointive one.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: the General Municipal Law  is
amended  by  adding a new article 17-B, sections 799-a, b, and c setting
forth definitions and describing the petition process. It defines quali-
fied elector and participating municipality. The petition process starts
once a petition from residents (who are qualified to vote) is filed with
the clerk of a municipality. Upon receiving the  petition,  the  munici-
pality  submits  the  question of changing the office of the receiver of
taxes from elective to appointive to the voters.

If the majority of votes cast on the referendum is in  the  affirmative,
the municipality, within 30 days of the referendum, notifies the receiv-
er of taxes that he or she shall serve out his or her remaining term. if
the  majority  of  votes  cast on the referendum fails, and the petition
process may nor be initiated for the same purpose within  two  years  of
the  referendum's  date. Petition deadlines, format, including signature
and witness requirements, are specified.

Section 2. Subdivision 6 of section 20 of  the  Town  Law,  is  amended,
describing  petition process requirements if a municipal board wishes to
change appointive position of receiver of taxes to an elective one.

Section 3. Subdivision 1 of section 36 of the Town Law,  as  amended  by
chapter  437  of  the  laws  of  1963,  details the abolition process of
receiver of taxes and assessments as an elective position  turning  over
those duties to the town clerk.

JUSTIFICATION:  Local  government  costs contribute to the unsustainable
local property burden that all state residents bear.  Public  officials,
business leaders, and policymakers recognize the enormity of the problem
and  have sought to address it. The Commission on Local Government Effi-
ciency and Competitiveness, New York State Commission  on  Property  Tax
Relief,  Citizen's Budget Commission, and Governor Paterson, in his 2009
State Budget, have proposed that local  governments  consolidate,  share
and/or eliminate services to cut costs.

Tax collecting was identified as an office with the greatest opportunity
for  streamlining.  The process of tax collecting is suitable for compu-
terization and other newer technologies. There is an  increasing  demand
for  up-to-date technologies from residents who use the Internet to make
financial transactions. They are demanding that  they  be  able  to  pay
their taxes and complete all paperwork on-line. Modernizing and reorgan-
izing  tax collecting is ideal in cutting government costs while provid-

ing good public service. At the very least, taxpayers  should  have  the
chance  to decide whether or not to change the tax collection process in
their municipality.

Current law requires that the receiver of taxes is elected in each muni-
cipality.  This prevents any consolidation or sharing of services within
or between municipalities. The sole mechanism to  revert  this  elective
office to an appointive one is through a ballot referendum.

Local legislatures have legal authority to place referenda on the ballot
to  be voted upon by the voters within those municipalities.  They regu-
larly put bond referenda on the ballot to fund major  capital  projects.
It  is  rare  that  municipal  boards put referenda on the ballot asking
voters whether certain  elective  offices  should  be  appointive  ones,
although  there  have  been a few exceptions. For example, the Cortlandt
Town Board placed a referendum on the ballot asking voters  whether  the
elective position of superintendent of highways should be reverted to an
appointed  one  (which  passed).  There is, however, no straight-forward
method by which citizens can place such  a  referendum  on  their  local
ballot.

This legislation would allow citizens to initiate a petition process and
consign  the  question  of  changing  the elective office of receiver of
taxes to an appointive one to  a  referendum  on  the  ballot.  Citizens
should have the opportunity to make decisions regarding local government
services,  and  having  the  ability to place a referendum on the ballot
would be a crucial one.

PRIOR LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS: Minimal, since referenda can be put on  the  ballot
during a general election.

EFFECTIVE DATE: immediately.

2009-A10420 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10420

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the general municipal law and the town law, in  relation
  to  establishing  a  petition process to change the elective office of
  receiver of taxes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The general municipal law is amended by adding a new arti-
cle 17-B to read as follows:
                              ARTICLE 17-B
                  PETITION PROCESS TO ELIMINATE CERTAIN
                                POSITIONS
SECTION 799-A. DEFINITIONS.
        799-B. PROCESS UPON PETITION OR RESOLUTION.
        799-C. PETITION TO START THE  PROCESS  TO  CHANGE  THE  ELECTIVE
                 OFFICE OF RECEIVER OF TAXES.
  S 799-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  THE TERM "QUALIFIED ELECTOR" SHALL MEAN A PERSON WHO IS REGISTERED
TO VOTE IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION LAW.
  2. THE TERM "PARTICIPATING MUNICIPALITY" SHALL MEAN A TOWN OR  VILLAGE
THAT  HAS STARTED THE PETITION PROCESS PURSUANT TO SECTION SEVEN HUNDRED
NINETY-NINE-B OF THIS ARTICLE.
  S 799-B. PROCESS UPON PETITION OR RESOLUTION.  1.  THE  PROCESS  SHALL
START IN A MUNICIPALITY ONCE A PETITION FROM THE RESIDENTS IS FILED WITH
THE MUNICIPAL CLERK.
  2.  UPON  RECEIVING  A  PETITION FROM THE RESIDENTS, THE PARTICIPATING
MUNICIPALITY SHALL SUBMIT THE  QUESTION  OF  THE  CHANGE  OF  OFFICE  OF
RECEIVER OF TAXES TO THE VOTERS.
  3.  A CERTIFICATE OF THE ELECTION SHALL BE FILED WITH THE SECRETARY OF
STATE, WITH THE CLERKS OF EACH PARTICIPATING MUNICIPALITY, AND WITH  THE
CLERKS  OF  EACH  COUNTY  IN WHICH ANY PART OF THE PARTICIPATING MUNICI-
PALITY IS LOCATED.
  4. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT-
ING MUNICIPALITY, ARE IN THE AFFIRMATIVE, THE MUNICIPALITY WITHIN THIRTY

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

                                                           LBD16323-02-0

A. 10420                            2

DAYS OF THE DATE OF THE REFERENDUM SHALL NOTIFY SUCH RECEIVER  OF  TAXES
THAT HE OR SHE SHALL SERVE OUT THEIR REMAINING TERM.
  5. IF THE MAJORITY OF VOTES CAST ON THE REFERENDUM IN EACH PARTICIPAT-
ING  MUNICIPALITY ARE IN THE NEGATIVE, THE REFERENDUM SHALL FAIL AND THE
PETITION PROCESS MAY NOT BE INITIATED FOR THE SAME  PURPOSE  WITHIN  TWO
YEARS OF THE DATE OF SUCH REFERENDUM.
  S 799-C. PETITION  TO  START THE PROCESS TO CHANGE THE ELECTIVE OFFICE
OF RECEIVER OF TAXES.   1. ELIGIBLE SIGNATURES. TO  START  THE  PETITION
PROCESS, A PETITION MUST HAVE SIGNATURES FROM RESIDENTS OF THE JURISDIC-
TION,  EQUAL  TO AT LEAST TEN PERCENT OF THE RESIDENT ELECTORS QUALIFIED
TO VOTE IN THE LAST GENERAL ELECTION. THOSE SIGNING THE PETITION MUST BE
QUALIFIED TO VOTE AT THE TIME OF THE FILING OF  THE  PETITION  WITH  THE
MUNICIPAL CLERK.
  2.  TIME  LIMIT. A SIGNATURE SHALL BE INVALID IF IT IS SIGNED UPON THE
PETITION MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PETITION IS  FILED
WITH THE MUNICIPAL CLERK, UNLESS THE GOVERNING BOARD PASSES A RESOLUTION
TO GIVE ADDITIONAL TIME TO COLLECT SIGNATURES.
  3. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
                                PETITION
WE, THE UNDERSIGNED, ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY - TOWN
OR  VILLAGE)          OF                   (INSERT NAME OF MUNICIPALITY)
, NEW YORK, QUALIFIED TO VOTE AT THE NEXT GENERAL OR  SPECIAL  ELECTION,
DO HEREBY PETITION THAT THERE BE SUBMITTED TO THE VOTERS OF (INSERT NAME
OF  MUNICIPALITY)          ,  PURSUANT TO LAW, A PROPOSITION AS FOLLOWS:
(INSERT PROPOSITION SOUGHT TO BE SUBMITTED)  THE  UNDERSIGNED  QUALIFIED
ELECTORS  HEREBY  REQUEST THAT A REFERENDUM VOTE UPON THE ABOVE PROPOSI-
TION BE TAKEN AS PROVIDED BY LAW. IN WITNESS   WHEREOF, WE  HAVE  SIGNED
OUR NAMES ON THE DATES INDICATED NEXT TO OUR SIGNATURES.
   DATE   NAME - PRINT NAME UNDER SIGNATURE  HOME ADDRESS
1. ______ __________________________________ ____________________________
2. ______ __________________________________ ____________________________
3. ______ __________________________________ ____________________________
(ON THE BOTTOM OF EACH PAGE, AFTER ALL THE NUMBERED SIGNATURES, INSERT A
WITNESS  STATEMENT  OR A STATEMENT BY A NOTARY PUBLIC OR COMMISSIONER OF
DEEDS, IN SUBSTANTIALLY THE FOLLOWING FORM:)
I, (NAME OF WITNESS), STATE THAT I AM A REGISTERED VOTER OF THE STATE OF
NEW YORK. I AM A RESIDENT OF THE (TOWN OR VILLAGE) OF (NAME OF  TOWN  OR
VILLAGE).  THE  PERSONS  THAT HAVE SIGNED THIS PETITION SHEET CONTAINING
(FILL IN NUMBER) SIGNATURES, HAVE SIGNED THEIR NAMES IN MY  PRESENCE  ON
THE  DATES  INDICATED  ABOVE  AND  IDENTIFIED  THEMSELVES TO BE THE SAME
PERSONS WHO SIGNED THE SHEET. I UNDERSTAND THAT THIS STATEMENT  WILL  BE
ACCEPTED  FOR  ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT
CONTAINS A MATERIALLY FALSE STATEMENT, SHALL SUBJECT ME TO THE PENALTIES
OF PERJURY.
___________    _______________________________________
   DATE            SIGNATURE OF WITNESS
(IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS  A  DULY  QUALIFIED
VOTER  OF THE STATE, QUALIFIED TO SIGN THE PETITION AS A RESIDENT OF THE
TOWN OR VILLAGE, THE FOLLOWING STATEMENT SIGNED BY A NOTARY PUBLIC OR  A
COMMISSIONER  OF  DEEDS  SHALL BE ACCEPTED.) ON THE DATE ABOVE INDICATED
BEFORE ME PERSONALLY CAME EACH OF THE VOTERS WHOSE SIGNATURES APPEAR  ON
THIS  PETITION  SHEET CONTAINING (FILL IN NUMBER) SIGNATURES, WHO SIGNED
SAME IN MY PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR
HERSELF, SAID THAT THE FOREGOING STATEMENT MADE AND SUBSCRIBED BY HIM OR
HER, WAS TRUE.
___________    _______________________________________

A. 10420                            3

   DATE         NOTARY PUBLIC OR COMMISSIONER OF DEEDS
  4.  LIBERAL  CONSTRUCTION.  IN  MATTERS OF FORM, THIS SECTION SHALL BE
GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
  S 2. Paragraph (c) of subdivision 6 of section 20 of the town law,  as
added  by  chapter 343 of the laws of 1940, and as relettered by chapter
302 of the laws of 1974, is amended to read as follows:
  (c) (I) At least one hundred fifty days prior  to  any  biennial  town
election,  the  town  board  of any town of the first class in which the
appointive office of receiver of taxes and assessments shall exist,  may
adopt  a resolution, subject to a permissive referendum, that the office
of receiver of taxes and assessments shall be an elective office in such
town. Every elector of the town shall be entitled to vote at any  refer-
endum  held  thereon pursuant to the provisions of article seven of this
chapter. If the town board shall have adopted such a resolution  and  no
petition  shall  have  been  filed  within the time specified in article
seven OF THIS CHAPTER for a referendum thereon, or, if a majority of the
votes cast on any such proposition submitted pursuant to the  provisions
of  article  seven  OF  THIS CHAPTER be in the affirmative the office of
receiver of taxes and assessments shall thereafter be an elective office
in such town, and a receiver of taxes and assessments shall  be  elected
at  the  succeeding biennial town election for the term provided by this
chapter, beginning on the first day  of  January  next  succeeding  such
biennial town election and the term of office of the appointive receiver
of  taxes and assessments for whom such successor shall be elected shall
expire on said first day of January.
  (II) NO PETITION SHALL HAVE BEEN FILED WITHIN THE  TIME  SPECIFIED  IN
ARTICLE SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORI-
TY  OF  THE VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE
PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER BE IN  THE  AFFIRMATIVE  THE
OFFICE  OF  RECEIVER  OF  TAXES  AND  ASSESSMENTS SHALL THEREAFTER BE AN
APPOINTIVE OFFICE IN SUCH TOWN, AND  THE  TOWN  BOARD  SHALL  APPOINT  A
RECEIVER OF TAXES AND ASSESSMENTS FOR THE TERM PROVIDED BY THIS CHAPTER,
BEGINNING ON THE FIRST DAY OF JANUARY NEXT SUCCEEDING SUCH BIENNIAL TOWN
ELECTION  AND  THE  TERM OF OFFICE OF THE ELECTIVE RECEIVER OF TAXES AND
ASSESSMENTS FOR WHOM SUCH SUCCESSOR SHALL BE APPOINTED SHALL  EXPIRE  ON
SAID FIRST DAY OF JANUARY.
  S  3. Subdivision 1 of section 36 of the town law, as amended by chap-
ter 437 of the laws of 1963, is amended to read as follows:
  1. In any town [of the second  class]  in  which  the  office  of  tax
collector  or  receiver  of taxes AND ASSESSMENTS exists, the town board
thereof may by resolution duly adopted at least one hundred  fifty  days
prior to any biennial town election, determine that said office be abol-
ished,  same  to  take effect at the expiration of the term of office to
which the incumbent was elected or appointed; and no such tax  collector
or  town receiver of taxes AND ASSESSMENTS shall be elected at any bien-
nial town election held not less than one hundred fifty days thereafter.
Upon the expiration of the term of office of such tax collector or  town
receiver  of taxes AND ASSESSMENTS as provided [herein] IN THIS CHAPTER,
he OR SHE shall surrender and deliver to the town clerk of said town all
assessment rolls, books, papers, writings and all  other  documents  and
property  in  his  OR HER possession as such officer. In all towns where
the office of tax collector or receiver of  taxes  AND  ASSESSMENTS  has
been  abolished,  it shall be the duty of such town clerk to collect and
receive all state, county and town taxes and  assessments  that  may  be
levied  in such town and the town clerk shall have all the powers and be
subject to all the duties of a collector IN A TOWN OF THE SECOND  CLASS,

A. 10420                            4

OR  OF  A RECEIVER OF TAXES AND ASSESSMENTS IN A TOWN OF THE FIRST CLASS
with respect to the collection of such taxes, the  deposit  of  receipts
and  the  return  of  unpaid  taxes,  as  provided by subdivision one of
section  thirty-five  OR SECTION THIRTY-SEVEN of this [chapter] ARTICLE,
AS THE CASE MAY BE.
  S 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A10420

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A10420 (ACTIVE) - Details

2009-A10420 (ACTIVE) - Summary

2009-A10420 (ACTIVE) - Sponsor Memo

2009-A10420 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A10420

Assembly Bill A10420

Share this bill

Sponsored By

GALEF

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A10420 (ACTIVE) - Details

2009-A10420 (ACTIVE) - Summary

2009-A10420 (ACTIVE) - Sponsor Memo

2009-A10420 (ACTIVE) - Bill Text download pdf

Comments