Bill Text: NY A04070 | 2013-2014 | General Assembly | Introduced

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Bill Title: Creates a process for local disciplinary actions against assessors.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2013-09-27 - tabled [A04070 Detail]

Download: New_York-2013-A04070-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4070
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       Introduced by M. of A. GALEF, DUPREY, GUNTHER, OAKS, CROUCH -- read once
         and referred to the Committee on Real Property Taxation
       AN  ACT  to  amend the real property tax law, in relation to the process
         for local disciplinary actions against assessors
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  real  property  tax  law  is amended by adding a new
    2  section 324 to read as follows:
    3    S 324. LOCAL DISCIPLINARY ACTIONS. AN ASSESSOR  MAY  BE  REMOVED  FROM
    4  OFFICE  FOR  JUST CAUSE BY THE APPOINTING AUTHORITY AFTER A HEARING UPON
    5  NOTICE. A DETERMINATION TO REMOVE AN ASSESSOR OR TAKE OTHER DISCIPLINARY
    6  ACTION AS A RESULT OF THE REMOVAL PROCEEDING AGAINST AN  ASSESSOR  SHALL
    7  BE  SUBJECT  TO REVIEW BY THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN
    8  THE DEPARTMENT UPON APPLICATION FILED WITH THE DEPARTMENT BY THE  ASSES-
    9  SOR  WITHIN THIRTY DAYS AFTER RECEIPT BY HIM OR HER OF WRITTEN NOTICE OF
   10  SUCH DETERMINATION. THE REVIEW BY THE COMMISSIONER OR HIS OR HER  DESIG-
   11  NEE  WITHIN  THE  DEPARTMENT  SHALL BE BASED UPON THE RECORD AND A TRAN-
   12  SCRIPT OF THE HEARING HELD BY THE APPOINTING AUTHORITY AND SUCH ORAL  OR
   13  WRITTEN  ARGUMENT  AS MAY BE PRESENTED TO THE COMMISSIONER OR HIS OR HER
   14  DESIGNEE WITHIN THE DEPARTMENT BY THE PARTIES TO  THE  PROCEEDING.  UPON
   15  COMPLETION OF SUCH REVIEW THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN
   16  THE  DEPARTMENT SHALL AFFIRM, REVERSE OR MODIFY THE DETERMINATION OF THE
   17  APPOINTING AUTHORITY. THE DETERMINATION OF THE COMMISSIONER  OR  HIS  OR
   18  HER  DESIGNEE  WITHIN THE DEPARTMENT SHALL BE SUBJECT TO JUDICIAL REVIEW
   19  IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE  CIVIL
   20  PRACTICE LAW AND RULES.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03218-01-3