senate Bill S1733A

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2021 print number 1733a
May 25, 2021 amend and recommit to investigations and government operations
Jan 14, 2021 referred to investigations and government operations

S1733 - Details

See Assembly Version of this Bill:
A8005
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-x, Tax L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4460
2019-2020: S1839

S1733 - Summary

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

S1733 - Sponsor Memo

S1733 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1733
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 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-X 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-X 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.

S1733A (ACTIVE) - Details

See Assembly Version of this Bill:
A8005
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-x, Tax L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4460
2019-2020: S1839

S1733A (ACTIVE) - Summary

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

S1733A (ACTIVE) - Sponsor Memo

S1733A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1733--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  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-X 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-X 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04395-02-1

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