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Assembly Bill A2646A

2009-2010 Legislative Session

Excludes outside income of nonresident employees from being included in city personal income tax

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A2646 - Details

Current Committee:
Assembly Ways And Means
Law Section:
New York City Charter
Laws Affected:
Amd §1127, NYC Chart
Versions Introduced in 2011-2012 Legislative Session:
A2768

2009-A2646 - Summary

Excludes outside income of nonresident employees from being included in city personal income tax.

2009-A2646 - Bill Text download pdf 

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

                                  2646

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT in relation to rectifying any inconsistencies which may exist  as
  a  result  of the initial imposition of tax upon non-resident individ-
  uals of the city of New York who are employees of the city of New York
  and to repeal section 1127 of the New York city  charter  relating  to
  condition precedent to employment

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

  Section 1. Legislative intent. The New York Court of  Appeals  in  the
CITY  OF  NEW  YORK  V. THE STATE OF NEW YORK, 2000 NY Int. 20, declared
chapter 5 of the laws of 1999 unconstitutional in its  imposition  of  a
tax  upon  non-resident  individuals of the state of New York. It is the
intent of the legislature to rectify any inconsistencies which may exist
as a result of the initial imposition of  such  tax  provided,  however,
that  the  provisions of this act shall not be construed to, in any way,
impair the entirety of any current or previous  contract  or  collective
bargaining  agreement  executed prior to the later of the effective date
of chapter 5 of the laws of 1999 or the effective date of this act.
  S 2. Section 1127 of the New York city charter is REPEALED.
  S 3. Non-resident employees of the city of New York shall be  eligible
for the provisions of this act; provided, however, any outside income of
any  such  employee  shall not be included.   Any income such employee's
spouse receives shall not be considered for the provisions of this act.
  S 4. The provisions of this act shall not be construed to require  any
reimbursement  to  non-resident  employees  for  the period of time such
payment was in force and effect.
  S 5. This act shall take effect immediately and shall not apply to any
agreement executed on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05717-01-9

2009-A2646A (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
New York City Charter
Laws Affected:
Amd §1127, NYC Chart
Versions Introduced in 2011-2012 Legislative Session:
A2768

2009-A2646A (ACTIVE) - Summary

Excludes outside income of nonresident employees from being included in city personal income tax.

2009-A2646A (ACTIVE) - Sponsor Memo

2009-A2646A (ACTIVE) - Bill Text download pdf 

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

                                 2646--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Ways and Means -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  New  York city charter in relation to condition
  precedent to employment

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

  Section 1.  Subsection a of section 1127 of the New York city charter,
as  added by a vote of the people of the city of New York at the general
election held in November of 1988, is amended to read as follows:
  a. Notwithstanding the provisions of any local law, rule or regulation
to the contrary, every person seeking employment with the  city  of  New
York  or  any of its agencies regardless of civil service classification
or status shall sign an agreement  as  a  condition  precedent  to  such
employment to the effect that if such person is or becomes a nonresident
individual as that term is defined in section 11-1706 of the administra-
tive code of the city of New York or any similar provision of such code,
during  employment  by  the  city,  such  person will pay to the city an
amount by which a city personal income tax  on  residents  computed  and
determined  as  if such person were a resident individual, as defined in
such section, during such employment, exceeds the  amount  of  any  city
earnings tax and city personal income tax imposed on such person for the
same  taxable  period; PROVIDED, HOWEVER, ANY OUTSIDE INCOME OF ANY SUCH
EMPLOYEE SHALL NOT BE INCLUDED.    ANY  INCOME  SUCH  EMPLOYEE'S  SPOUSE
RECEIVES  SHALL  NOT  BE  CONSIDERED FOR THE PROVISIONS OF THIS SECTION.
THE PROVISIONS OF THIS SECTION SHALL NOT BE  CONSTRUED  TO  REQUIRE  ANY
REIMBURSEMENT  TO  NON-RESIDENT  EMPLOYEES  FOR  THE PERIOD OF TIME SUCH
PAYMENT WAS IN FORCE AND EFFECT.
  S 2. This act shall take effect immediately and shall not apply to any
agreement executed on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05717-02-9

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