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Assembly Bill A7369B

2011-2012 Legislative Session

Creates process for local disciplinary actions against assessors

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

2011-A7369 - Details

See Senate Version of this Bill:
S3350
Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Add §324, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A4070, S877

2011-A7369 - Summary

Creates a process for local disciplinary actions against assessors.

2011-A7369 - Bill Text download pdf 

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

                                  7369

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in relation  to  the  process
  for local disciplinary actions against assessors

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 324 to read as follows:
  S  324.  LOCAL  DISCIPLINARY  ACTIONS. AN ASSESSOR MAY BE REMOVED FROM
OFFICE FOR JUST CAUSE BY THE APPOINTING AUTHORITY AFTER A  HEARING  UPON
NOTICE. A DETERMINATION TO REMOVE AN ASSESSOR OR TAKE OTHER DISCIPLINARY
ACTION  AS  A RESULT OF THE REMOVAL PROCEEDING AGAINST AN ASSESSOR SHALL
BE SUBJECT TO REVIEW BY THE COMMISSIONER UPON APPLICATION FILED WITH THE
COMMISSIONER BY THE ASSESSOR WITHIN THIRTY DAYS AFTER RECEIPT BY HIM  OR
HER  OF  WRITTEN NOTICE OF SUCH DETERMINATION. THE REVIEW BY THE COMMIS-
SIONER SHALL BE BASED UPON THE RECORD AND A TRANSCRIPT  OF  THE  HEARING
HELD  BY  THE  APPOINTING AUTHORITY AND SUCH ORAL OR WRITTEN ARGUMENT AS
MAY BE PRESENTED TO THE COMMISSIONER BY THE PARTIES TO  THE  PROCEEDING.
UPON COMPLETION OF SUCH REVIEW THE COMMISSIONER SHALL AFFIRM, REVERSE OR
MODIFY  THE DETERMINATION OF THE APPOINTING AUTHORITY. THE DETERMINATION
OF THE COMMISSIONER SHALL BE SUBJECT TO JUDICIAL  REVIEW  IN  ACCORDANCE
WITH  THE  PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08370-02-1

co-Sponsors

multi-Sponsors

2011-A7369A - Details

See Senate Version of this Bill:
S3350
Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Add §324, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A4070, S877

2011-A7369A - Summary

Creates a process for local disciplinary actions against assessors.

2011-A7369A - Bill Text download pdf 

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

                                 7369--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

Introduced  by M. of A. GALEF, GUNTHER, CALHOUN, DUPREY -- read once and
  referred to the Committee on Real Property Taxation  --  reported  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the real property tax law, in relation to the process
  for local disciplinary actions against assessors

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

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 324 to read as follows:
  S 324. LOCAL DISCIPLINARY ACTIONS. AN ASSESSOR  MAY  BE  REMOVED  FROM
OFFICE  FOR  JUST CAUSE BY THE APPOINTING AUTHORITY AFTER A HEARING UPON
NOTICE. A DETERMINATION TO REMOVE AN ASSESSOR OR TAKE OTHER DISCIPLINARY
ACTION AS A RESULT OF THE REMOVAL PROCEEDING AGAINST AN  ASSESSOR  SHALL
BE SUBJECT TO REVIEW BY THE STATE BOARD UPON APPLICATION FILED WITH SUCH
BOARD  BY THE ASSESSOR WITHIN THIRTY DAYS AFTER RECEIPT BY HIM OR HER OF
WRITTEN NOTICE OF SUCH DETERMINATION. THE  REVIEW  BY  THE  STATE  BOARD
SHALL  BE  BASED UPON THE RECORD AND A TRANSCRIPT OF THE HEARING HELD BY
THE APPOINTING AUTHORITY AND SUCH ORAL OR WRITTEN  ARGUMENT  AS  MAY  BE
PRESENTED  TO  SUCH  BOARD  BY  THE  PARTIES  TO  THE  PROCEEDING.  UPON
COMPLETION OF SUCH REVIEW THE STATE BOARD SHALL AFFIRM, REVERSE OR MODI-
FY THE DETERMINATION OF THE APPOINTING AUTHORITY. THE  DETERMINATION  OF
THE  STATE  BOARD SHALL BE SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH
THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW  AND
RULES.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08370-03-1

co-Sponsors

multi-Sponsors

2011-A7369B (ACTIVE) - Details

See Senate Version of this Bill:
S3350
Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Add §324, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A4070, S877

2011-A7369B (ACTIVE) - Summary

Creates a process for local disciplinary actions against assessors.

2011-A7369B (ACTIVE) - Bill Text download pdf 

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

                                 7369--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

Introduced  by M. of A. GALEF, GUNTHER, CALHOUN, DUPREY, OAKS, CROUCH --
  Multi-Sponsored by -- M. of A. P. RIVERA -- read once and referred  to
  the  Committee  on  Real Property Taxation -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Codes in accordance with Assembly Rule 3,  sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the real property tax law, in relation  to  the  process
  for local disciplinary actions against assessors

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 324 to read as follows:
  S  324.  LOCAL  DISCIPLINARY  ACTIONS. AN ASSESSOR MAY BE REMOVED FROM
OFFICE FOR JUST CAUSE BY THE APPOINTING AUTHORITY AFTER A  HEARING  UPON
NOTICE. A DETERMINATION TO REMOVE AN ASSESSOR OR TAKE OTHER DISCIPLINARY
ACTION  AS  A RESULT OF THE REMOVAL PROCEEDING AGAINST AN ASSESSOR SHALL
BE SUBJECT TO REVIEW BY THE COMMISSIONER OR HIS OR HER  DESIGNEE  WITHIN
THE  DEPARTMENT UPON APPLICATION FILED WITH THE DEPARTMENT BY THE ASSES-
SOR WITHIN THIRTY DAYS AFTER RECEIPT BY HIM OR HER OF WRITTEN NOTICE  OF
SUCH  DETERMINATION. THE REVIEW BY THE COMMISSIONER OR HIS OR HER DESIG-
NEE WITHIN THE DEPARTMENT SHALL BE BASED UPON THE  RECORD  AND  A  TRAN-
SCRIPT  OF THE HEARING HELD BY THE APPOINTING AUTHORITY AND SUCH ORAL OR
WRITTEN ARGUMENT AS MAY BE PRESENTED TO THE COMMISSIONER OR HIS  OR  HER
DESIGNEE  WITHIN  THE  DEPARTMENT BY THE PARTIES TO THE PROCEEDING. UPON
COMPLETION OF SUCH REVIEW THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN
THE DEPARTMENT SHALL AFFIRM, REVERSE OR MODIFY THE DETERMINATION OF  THE
APPOINTING  AUTHORITY.  THE  DETERMINATION OF THE COMMISSIONER OR HIS OR
HER DESIGNEE WITHIN THE DEPARTMENT SHALL BE SUBJECT TO  JUDICIAL  REVIEW
IN  ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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