assembly Bill A8912A

2017-2018 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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2018 print number 8912a
Mar 01, 2018 amend and recommit to governmental operations
Jan 08, 2018 referred to governmental operations

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8912 - Details

See Senate Version of this Bill:
S4460
Law Section:
Legislative Law
Laws Affected:
Add §3-a, Leg L; amd §3, Pub Off L; add §171-w, Tax L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6351
2019-2020: S1839
2021-2022: S1733

A8912 - Summary

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

A8912 - Bill Text download pdf


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

                                  8912

                          I N  A S S E M B L Y

                             January 8, 2018
                               ___________

Introduced by M. of A. MURRAY -- 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:
  § 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.
  §  2.  Section 3 of the public officers law is amended by adding a new
subdivision 1-b to read as follows:
  1-B. (I) ANY PERSON ELECTED TO THE OFFICE OF A STATEWIDE ELECTED OFFI-
CIAL, WHICH FOR THE PURPOSES OF THIS SECTION SHALL  MEAN  THE  GOVERNOR,
LIEUTENANT  GOVERNOR,  COMPTROLLER  OR  ATTORNEY  GENERAL,  SHALL,  UPON
CERTIFICATION OF SUCH PERSON'S ELECTION, REQUEST A  TAX  CLEARANCE  FROM
THE  DEPARTMENT  OF TAXATION AND FINANCE, AS PROVIDED FOR IN SECTION ONE
HUNDRED SEVENTY-ONE-W OF THE TAX LAW. NO SUCH PERSON HAVING PAST-DUE TAX

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8912A (ACTIVE) - Details

See Senate Version of this Bill:
S4460
Law Section:
Legislative Law
Laws Affected:
Add §3-a, Leg L; amd §3, Pub Off L; add §171-w, Tax L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6351
2019-2020: S1839
2021-2022: S1733

A8912A (ACTIVE) - Summary

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

A8912A (ACTIVE) - Bill Text download pdf


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

                                 8912--A

                          I N  A S S E M B L Y

                             January 8, 2018
                               ___________

Introduced  by M. of A. MURRAY, MONTESANO, D'URSO, CROUCH, GIGLIO, ERRI-
  GO, B. MILLER, LAWRENCE, WALTER, McDONOUGH,  GARBARINO,  M. L. MILLER,
  PALUMBO,  MORINELLO,  OAKS  -- Multi-Sponsored by -- M. of A. BLANKEN-
  BUSH, PALMESANO, WALSH -- read once and referred to the  Committee  on
  Governmental Operations -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:
  § 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.
  §  2.  Section 3 of the public officers law is amended by adding a new
subdivision 1-b to read as follows:
  1-B. (I) ANY PERSON ELECTED TO THE OFFICE OF A STATEWIDE ELECTED OFFI-
CIAL, WHICH FOR THE PURPOSES OF THIS SECTION SHALL  MEAN  THE  GOVERNOR,

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