Assembly Bill A6351

2015-2016 Legislative Session

Relates to eligibility to assume office for certain elected officials owing past-due tax liabilities

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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

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2015-A6351 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Legislative Law
Laws Affected:
Add §3-a, Leg L; amd §3, Pub Off L; add §171-w, Tax L
Versions Introduced in 2017-2018 Legislative Session:
A8912

2015-A6351 (ACTIVE) - Summary

Relates to eligibility to assume office for certain elected officials owing past-due tax liabilities.

2015-A6351 (ACTIVE) - Bill Text download pdf

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

                                  6351

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by M. of A. TEDISCO, MURRAY, BARCLAY, CORWIN, CROUCH, DiPIE-
  TRO, DUPREY, HAWLEY, LUPINACCI, McDONOUGH, MONTESANO, RAIA, WALTER  --
  Multi-Sponsored  by  --  M. of A.  CERETTO, KEARNS, McLAUGHLIN -- read
  once and referred to the Committee on Governmental Operations

AN ACT to amend the legislative law, the public officers law and the tax
  law, in relation to eligibility to assume  office  for  persons  owing
  past-due tax liabilities

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

  Section 1. The legislative law is amended by adding a new section  3-a
to read as follows:
  S  3-A.  PAST-DUE TAX LIABILITIES OF MEMBERS-ELECT. 1. THE LEGISLATURE
SHALL REQUIRE A TAX  CLEARANCE  FROM  THE  DEPARTMENT  OF  TAXATION  AND
FINANCE, AS PROVIDED FOR IN SECTION ONE HUNDRED SEVENTY-ONE-W OF THE TAX
LAW, FOR EACH MEMBER-ELECT OF THE LEGISLATURE.  NO PERSON ELECTED TO THE
LEGISLATURE  HAVING  PAST-DUE TAX LIABILITIES, AS DEFINED IN SUBDIVISION
ONE OF SECTION ONE HUNDRED SEVENTY-ONE-W OF THE TAX  LAW,  OR  OTHERWISE
DENIED  A TAX CLEARANCE BY THE DEPARTMENT OF TAXATION AND FINANCE PURSU-
ANT TO SUCH SECTION, SHALL BE SWORN INTO OR  ASSUME  OFFICE  UNLESS  AND
UNTIL  SUCH  PAST-DUE  TAX  LIABILITIES  ARE SATISFIED, SETTLED, OR MADE
SUBJECT TO A PAYMENT PLAN ESTABLISHED BY THE DEPARTMENT OF TAXATION  AND
FINANCE AND IN WHICH SUCH PERSON IS IN GOOD STANDING.
  2. IF, AFTER SIX MONTHS SUBSEQUENT TO THE DATE ON WHICH SUCH MEMBER-E-
LECT  WOULD HAVE BEEN SWORN INTO OFFICE BUT FOR THEIR OWING PAST-DUE TAX
LIABILITIES, SUCH PAST-DUE TAX  LIABILITIES  HAVE  NOT  BEEN  SATISFIED,
SETTLED, OR MADE SUBJECT TO A PAYMENT PLAN ESTABLISHED BY THE DEPARTMENT
OF  TAXATION  AND  FINANCE AND IN WHICH SUCH PERSON IS IN GOOD STANDING,
THEN A SPECIAL ELECTION SHALL BE HELD TO FILL SUCH OFFICE.
  S 2. Section 3 of the public officers law is amended by adding  a  new
subdivision 1-b to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09261-02-5

              

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