senate Bill S1839

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to investigations and government operations
Jan 16, 2019 referred to investigations and government operations

S1839 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government 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 Other Legislative Sessions:
2017-2018: S4460
2021-2022: S1733

S1839 (ACTIVE) - Summary

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

S1839 (ACTIVE) - Sponsor Memo

S1839 (ACTIVE) - Bill Text download pdf


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

                                  1839

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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,

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

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