senate Bill S567

2011-2012 Legislative Session

Authorizes the denial of renewal of professional, business or trade licenses where a taxpayer has outstanding tax debt which the taxpayer has failed to settle

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 05, 2011 referred to finance

S567 - Details

See Assembly Version of this Bill:
A9323
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §32, Exec L; amd §401, St Ad Proc Act; amd §53, Judy L
Versions Introduced in 2009-2010 Legislative Session:
S1199, S6161B

S567 - Summary

Authorizes the denial of the renewal of a license, permit, certificate, registration or admission to practice a profession, business or trade where a taxpayer has outstanding tax debt which the taxpayer has failed to enter into a settlement agreement for the payment thereof; requires each taxpayer renewing a license to practice a profession, business or trade to attest to the licensing agency that he or she does not have an unsettled outstanding tax debt.

S567 - Sponsor Memo

S567 - Bill Text download pdf

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

                                   567

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, the  state  administrative  procedure
  act and the judiciary law, in relation to the denial of the renewal of
  professional  licenses when the applicant has outstanding avoidance of
  state tax debt

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

  Section  1. Section 32 of the executive law, as added by chapter 55 of
the laws of 1992, is amended to read as follows:
  S 32. Authority not to renew. 1. For the purposes  of  this  section[,
"state]:  (A)  "STATE  agency"  shall  mean any state department, board,
bureau, division, commission, committee, public authority, public  bene-
fit  corporation, council, office, or other governmental entity perform-
ing a governmental or proprietary function  for  the  state,  AND  SHALL
INCLUDE THE EDUCATION DEPARTMENT.
  (B)  "TAX  DEBT"  SHALL  MEAN ALL LIABILITIES, INCLUDING UNPAID TAXES,
INTEREST AND PENALTIES, THAT THE COMMISSIONER OF TAXATION AND FINANCE IS
REQUIRED BY LAW TO COLLECT, AND THAT HAVE BEEN REDUCED  TO  JUDGMENT  BY
THE  DOCKETING OF A NEW YORK STATE TAX WARRANT WITH A COUNTY CLERK OR BY
THE FILING OF A COPY THEREOF WITH  THE  DEPARTMENT  OF  STATE,  AND  THE
TAXPAYER  DEBTOR  HAS  FAILED TO PAY SUCH LIABILITIES OR FAILED TO ENTER
INTO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF TAXATION AND FINANCE  TO
SETTLE SUCH LIABILITIES.
  2.  Notwithstanding  any  other  provision of law, when a state agency
levies fees or assesses civil fines or penalties for licensing or  regu-
latory matters, such state agency shall, following consultation with the
[state]  department  of  law  and  after such appropriate due process as
required by the provisions of law applicable to such state agency and to
such licensing or regulatory matters,  not  be  required  to  renew  any

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

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