The New York State Senate

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

                                  1390

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced  by  M. of A. BUCHWALD, FAHY, PAULIN, CRESPO, PERRY, BARRETT,
  SIMON,  ABINANTI,  CARROLL,  PICHARDO,  GOTTFRIED,  QUART,  RODRIGUEZ,
  ORTIZ,  L. ROSENTHAL,  D'URSO,  LAVINE,  JEAN-PIERRE,  JAFFEE, MOSLEY,
  DE LA ROSA,  WOERNER,  COLTON,  BARNWELL,  NIOU,  CUSICK,   O'DONNELL,
  LIFTON, ARROYO, STECK, JOYNER, RYAN, SEAWRIGHT, RAIA, GLICK, DINOWITZ,
  WALLACE,  LENTOL,  BICHOTTE, TITUS, GALEF, PHEFFER AMATO, VANEL, SIMO-
  TAS,  RIVERA,  WILLIAMS,  BARRON,  KIM,  WRIGHT,  WALKER,  RICHARDSON,
  STIRPE,  DAVILA,  CAHILL,  THIELE, RAMOS, ENGLEBRIGHT, AUBRY, HYNDMAN,
  CYMBROWITZ, DenDEKKER, ABBATE, BRONSON, GANTT, LUPARDO --  Multi-Spon-
  sored  by -- M. of A. EPSTEIN -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the tax law, in relation to requiring the disclosure  of
  tax returns by statewide elected public officials including the presi-
  dent of the United States

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

  Section 1. Section 697 of the tax law  is  amended  by  adding  a  new
subsection (p) to read as follows:
  (P)  DISCLOSURE  OF  CERTAIN  ELECTED OFFICIALS' TAX INFORMATION.--(1)
NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (E) OF  THIS  SECTION,  THE
COMMISSIONER SHALL POST ON THE DEPARTMENT'S WEBSITE:
  (A) A STATEMENT DISCLOSING WHETHER THE PRESIDENT OF THE UNITED STATES,
THE VICE PRESIDENT OF THE UNITED STATES, A UNITED STATES SENATOR REPRES-
ENTING  NEW  YORK STATE OR A STATEWIDE ELECTED OFFICIAL, AS THAT TERM IS
DEFINED IN SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW,  HAS  FILED
NEW YORK STATE INCOME TAX RETURNS PURSUANT TO THIS ARTICLE IN ANY OF THE
IMMEDIATELY  PRECEDING  FIVE  TAXABLE  YEARS.  WITH RESPECT TO EACH SUCH
RETURN, THE COMMISSIONER SHALL INCLUDE IN SUCH STATEMENT  THE  FOLLOWING
INFORMATION  AS  REPORTED  ON  THE  RETURN:  (I) NEW YORK ADJUSTED GROSS
INCOME, (II) ANY STANDARD DEDUCTION OR ITEMIZED  DEDUCTIONS  CLAIMED  ON
THE  RETURN,  (III) TAXABLE INCOME, (IV) TOTAL NEW YORK STATE TAXES DUE,

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

                                                           LBD06198-01-9

A. 1390                             2

(V) TOTAL NEW YORK CITY AND YONKERS TAXES, SURCHARGES  AND  METROPOLITAN
COMMUTER  TRANSPORTATION  MOBILITY  TAXES  DUE, (VI) SALES OR USE TAXES,
(VII) ANY PAYMENTS AND REFUNDABLE CREDITS, (VIII) TOTAL NEW YORK  STATE,
NEW  YORK  CITY  AND  YONKERS  TAXES  WITHHELD, (IX) TOTAL ESTIMATED TAX
PAYMENTS, (X) WHETHER THE TAXPAYER CLAIMED A REFUND  WITH  SUCH  RETURN,
AND  IF SO THE AMOUNT OF SUCH REFUND, (XI) WHETHER THE TAXPAYER REPORTED
ANY AMOUNT OWED, AND IF SO THE AMOUNT  OWED,  (XII)  ANY  ESTIMATED  TAX
PENALTY, AND (XIII) ANY OTHER PENALTIES AND INTEREST.
  (B)  COPIES  OF  ALL  NEW  YORK  STATE INCOME TAX RETURNS FILED TO THE
DEPARTMENT PURSUANT TO THIS ARTICLE  BY  THE  PRESIDENT  OF  THE  UNITED
STATES, THE VICE PRESIDENT OF THE UNITED STATES, A UNITED STATES SENATOR
REPRESENTING NEW YORK STATE OR A STATEWIDE ELECTED OFFICIAL WITH RESPECT
TO EACH OF THE IMMEDIATELY PRECEDING FIVE TAXABLE YEARS, PROVIDED HOWEV-
ER THAT THE FOLLOWING INFORMATION SHALL BE REDACTED PRIOR TO SUCH COPIES
BEING  POSTED  ON  THE  DEPARTMENT'S  WEBSITE: (I) THE TAXPAYER'S SOCIAL
SECURITY NUMBER, (II) THE  SOCIAL  SECURITY  NUMBER  OF  THE  TAXPAYER'S
SPOUSE  AND  ANY  INDIVIDUALS CLAIMED AS DEPENDENTS ON THE RETURN, (III)
ANY ACCOUNT NUMBER REPORTED ON THE RETURN, (IV) ANY  TAXPAYER  ADDRESSES
ON  THE  RETURN,  AND (V) ANY ADDITIONAL INFORMATION IF THE COMMISSIONER
DETERMINES THAT THE DISCLOSURE OF SUCH INFORMATION WILL VIOLATE  FEDERAL
LAW.
  (C)  THE  COMMISSIONER  SHALL MAKE THE FIRST SUCH POSTINGS REQUIRED BY
THIS PARAGRAPH NO LATER THAN THIRTY DAYS AFTER  THE  EFFECTIVE  DATE  OF
THIS SUBSECTION, AND SUBSEQUENT POSTINGS NO LATER THAN THIRTY DAYS AFTER
THE  PRESIDENT  OF  THE  UNITED STATES, THE VICE PRESIDENT OF THE UNITED
STATES, A UNITED STATES SENATOR REPRESENTING NEW YORK STATE OR A  STATE-
WIDE ELECTED OFFICIAL TAKES HIS OR HER OATH OF OFFICE.
  (D) STATEMENTS AND STATE INCOME TAX RETURNS POSTED ON THE DEPARTMENT'S
WEBSITE  PURSUANT  TO  THIS  PARAGRAPH  SHALL  REMAIN  POSTED UNTIL SUCH
ELECTED OFFICIAL LEAVES OFFICE.
  (2) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (E) OF THIS  SECTION,
THE COMMISSIONER SHALL, ON AN ANNUAL BASIS AS HEREINAFTER PROVIDED, POST
ON THE DEPARTMENT'S WEBSITE:
  (A) A STATEMENT DISCLOSING WHETHER THE PRESIDENT OF THE UNITED STATES,
THE VICE PRESIDENT OF THE UNITED STATES, A UNITED STATES SENATOR REPRES-
ENTING  NEW  YORK STATE OR A STATEWIDE ELECTED OFFICIAL, AS THAT TERM IS
DEFINED IN SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW,  HAS  FILED
NEW  YORK  STATE INCOME TAX RETURNS PURSUANT TO THIS ARTICLE ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBSECTION. WITH RESPECT TO EACH SUCH RETURN,
THE COMMISSIONER SHALL INCLUDE IN SUCH STATEMENT THE FOLLOWING  INFORMA-
TION AS REPORTED ON THE RETURN: (I) NEW YORK ADJUSTED GROSS INCOME, (II)
ANY  STANDARD  DEDUCTION  OR  ITEMIZED DEDUCTIONS CLAIMED ON THE RETURN,
(III) TAXABLE INCOME, (IV) TOTAL NEW YORK STATE TAXES DUE, (V) TOTAL NEW
YORK CITY AND YONKERS TAXES, SURCHARGES AND METROPOLITAN COMMUTER TRANS-
PORTATION MOBILITY TAXES  DUE,  (VI)  SALES  OR  USE  TAXES,  (VII)  ANY
PAYMENTS  AND  REFUNDABLE CREDITS, (VIII) TOTAL NEW YORK STATE, NEW YORK
CITY AND YONKERS TAXES WITHHELD, (IX) TOTAL ESTIMATED TAX PAYMENTS,  (X)
WHETHER  THE  TAXPAYER  CLAIMED A REFUND WITH SUCH RETURN, AND IF SO THE
AMOUNT OF SUCH REFUND, (XI) WHETHER THE  TAXPAYER  REPORTED  ANY  AMOUNT
OWED,  AND  IF  SO THE AMOUNT OWED, (XII) ANY ESTIMATED TAX PENALTY, AND
(XIII) ANY OTHER PENALTIES AND INTEREST.
  (B) COPIES OF ALL NEW YORK STATE  INCOME  TAX  RETURNS  FILED  TO  THE
DEPARTMENT  PURSUANT  TO  THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF
THIS SUBSECTION, BY THE PRESIDENT OF THE UNITED STATES, THE VICE  PRESI-
DENT OF THE UNITED STATES, A UNITED STATES SENATOR REPRESENTING NEW YORK
STATE OR A STATEWIDE ELECTED OFFICIAL, PROVIDED HOWEVER THAT THE FOLLOW-

A. 1390                             3

ING  INFORMATION  SHALL BE REDACTED PRIOR TO SUCH COPIES BEING POSTED ON
THE DEPARTMENT'S WEBSITE: (I) THE  TAXPAYER'S  SOCIAL  SECURITY  NUMBER,
(II)  THE  SOCIAL SECURITY NUMBER OF THE TAXPAYER'S SPOUSE AND ANY INDI-
VIDUALS  CLAIMED  AS DEPENDENTS ON THE RETURNS, (III) ANY ACCOUNT NUMBER
REPORTED ON THE RETURNS, (IV) ANY TAXPAYER ADDRESSES ON THE RETURNS, AND
(V) ANY ADDITIONAL INFORMATION IF THE COMMISSIONER DETERMINES  THAT  THE
DISCLOSURE OF SUCH INFORMATION WILL VIOLATE FEDERAL LAW.
  (C)  THE  COMMISSIONER  SHALL MAKE THE POSTINGS REQUIRED BY THIS PARA-
GRAPH NO LATER THAN THE FIFTEENTH DAY OF THE FIFTH MONTH  FOLLOWING  THE
CLOSE OF THE TAXABLE YEAR, PROVIDED HOWEVER THAT IF THE PRESIDENT OF THE
UNITED  STATES, THE VICE PRESIDENT OF THE UNITED STATES, A UNITED STATES
SENATOR REPRESENTING NEW  YORK  OR  A  STATEWIDE  ELECTED  OFFICIAL  HAS
OBTAINED  AN  EXTENSION  FOR  FILING  A  RETURN  PURSUANT TO SECTION SIX
HUNDRED FIFTY-SEVEN OF THIS ARTICLE, SUCH POSTINGS SHALL OCCUR NO  LATER
THAN THIRTY DAYS AFTER THE RETURN IS FILED WITH THE DEPARTMENT.
  (D) STATEMENTS AND RETURNS POSTED ON THE DEPARTMENT'S WEBSITE PURSUANT
TO THIS PARAGRAPH SHALL REMAIN POSTED UNTIL SUCH ELECTED OFFICIAL LEAVES
OFFICE.
  (3)  IF  THE COMMISSIONER REDACTS ANY INFORMATION FROM A RETURN POSTED
PURSUANT TO THIS SUBSECTION BASED ON A DETERMINATION THAT DISCLOSURE  OF
SUCH  INFORMATION  WOULD VIOLATE FEDERAL LAW, THE COMMISSIONER SHALL, AT
THE TIME OF POSTING SUCH  REDACTED  RETURN,  POST  ON  THE  DEPARTMENT'S
WEBSITE  A DESCRIPTION OF THE TYPE OF INFORMATION THAT WAS REDACTED FROM
THE RETURN AND A DETAILED EXPLANATION  OF  THE  COMMISSIONER'S  DETERMI-
NATION  THAT DISCLOSURE OF SUCH INFORMATION WOULD CONSTITUTE A VIOLATION
OF FEDERAL LAW.
  (4) FOR PURPOSES OF THIS SUBSECTION, "STATE INCOME TAX  RETURN"  SHALL
MEAN  ANY  TAX  OR  INFORMATION RETURN, DECLARATION OF ESTIMATED TAX, OR
CLAIM FOR REFUND REQUIRED BY, OR PROVIDED FOR OR  PERMITTED  UNDER,  THE
PROVISIONS OF THIS ARTICLE WHICH IS FILED WITH THE DEPARTMENT OR COMMIS-
SION  BY, ON BEHALF OF, OR WITH RESPECT TO ANY PERSON, AND ANY AMENDMENT
OR SUPPLEMENT THERETO, INCLUDING SUPPORTING SCHEDULES,  ATTACHMENTS,  OR
LISTS WHICH ARE SUPPLEMENTAL TO, OR PART OF, THE RETURN SO FILED.
  (5)  IF  ANY  CLAUSE,  SENTENCE,  PARAGRAPH OR PART OF THIS SUBSECTION
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH OR PART OF THIS SUBSECTION DIRECTLY INVOLVED IN THE CONTROVER-
SY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  § 2. This act shall take effect immediately.