Bill Text: NY S02793 | 2011-2012 | General Assembly | Introduced


Bill Title: Establishes a taxpayer abuse sanction to be imposed against the income of a public officer who commits certain felonies related to his or her service as a public officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02793 Detail]

Download: New_York-2011-S02793-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2793
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2011
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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 tax law, in relation to creating  a  taxpayer  abuse
         sanction,  and  to  amend the state finance law, in relation to estab-
         lishing the education taxpayer abuse penalty  fund  and  the  taxpayer
         abuse penalty fund
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The tax law is amended by adding a new section 608 to  read
    2  as follows:
    3    S 608. TAXPAYER ABUSE SANCTION.  (A) FOR PURPOSES OF THIS SECTION, THE
    4  TERM  "PUBLIC  RETIREMENT  SYSTEM  OF THE STATE" SHALL MEAN THE NEW YORK
    5  STATE EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE AND LOCAL  POLICE
    6  AND  FIRE  RETIREMENT  SYSTEM,  THE  NEW YORK STATE TEACHERS' RETIREMENT
    7  SYSTEM, THE NEW YORK CITY EMPLOYEES' RETIREMENT  SYSTEM,  THE  NEW  YORK
    8  CITY TEACHERS' RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND,
    9  THE  NEW YORK CITY FIRE DEPARTMENT PENSION FUND, THE NEW YORK CITY BOARD
   10  OF EDUCATION RETIREMENT SYSTEM AND ANY OTHER RETIREMENT  SYSTEM  OF  THE
   11  STATE OR CITY OF NEW YORK.
   12    (B)  FOR  TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
   13  SAND ELEVEN, THERE SHALL BE A SANCTION IMPOSED AGAINST THE INCOME OF ANY
   14  MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE, WHO WAS CONVICTED OF:
   15  (1) GRAND LARCENY IN THE FIRST DEGREE PURSUANT TO SECTION 155.42 OF  THE
   16  PENAL  LAW;  (2)  GRAND LARCENY IN THE SECOND DEGREE PURSUANT TO SECTION
   17  155.40 OF THE PENAL LAW; OR (3) SCHEME TO DEFRAUD IN  THE  FIRST  DEGREE
   18  PURSUANT  TO  SECTION 190.65 OF THE PENAL LAW; WHERE SUCH CONVICTION WAS
   19  BASED UPON ACTS COMMITTED WHICH RELATED TO THE NATURE OF  SUCH  MEMBER'S
   20  PUBLIC SERVICE.
   21    (C)  SUCH  SANCTION SHALL BE IMPOSED FOR ANY TAXABLE YEAR DURING WHICH
   22  SUCH MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE  IS  ELIGIBLE  TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06940-01-1
       S. 2793                             2
    1  RECEIVE  A PENSION BENEFIT AND SHALL BE IN AN AMOUNT EQUAL TO THE AMOUNT
    2  OF ANY SUCH BENEFIT RECEIVED DURING SUCH TAXABLE YEAR.
    3    (D)  MONIES  RECEIVED  FROM SANCTIONS IMPOSED PURSUANT TO THIS SECTION
    4  SHALL:
    5    (1) FOR MONIES RECEIVED FROM SANCTIONS IMPOSED FOR A CONVICTION  OF  A
    6  PERSON  WHO  IS  A  MEMBER  OF  THE  NEW YORK STATE TEACHERS' RETIREMENT
    7  SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM OR  THE  NEW  YORK
    8  CITY BOARD OF EDUCATION RETIREMENT SYSTEM, BE DEPOSITED IN THE EDUCATION
    9  TAXPAYER   ABUSE   PENALTY   FUND   ESTABLISHED   PURSUANT   TO  SECTION
   10  NINETY-NINE-T OF THE STATE FINANCE LAW AND DISTRIBUTED PURSUANT  TO  THE
   11  PROVISIONS OF SUCH SECTION; OR
   12    (2)  FOR  MONIES RECEIVED FROM SANCTIONS IMPOSED FOR A CONVICTION OF A
   13  PERSON WHO IS A MEMBER OF  THE  NEW  YORK  STATE  EMPLOYEES'  RETIREMENT
   14  SYSTEM,  THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM,
   15  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY POLICE
   16  PENSION FUND, THE NEW YORK CITY FIRE DEPARTMENT  PENSION  FUND,  OR  ANY
   17  OTHER  RETIREMENT  SYSTEM  OF THE STATE OR CITY OF NEW YORK OTHER THAN A
   18  RETIREMENT SYSTEM SET FORTH IN PARAGRAPH ONE  OF  THIS  SUBDIVISION,  BE
   19  DEPOSITED  IN  THE  TAXPAYER  ABUSE PENALTY FUND ESTABLISHED PURSUANT TO
   20  SECTION NINETY-NINE-U OF THE STATE FINANCE LAW AND DISTRIBUTED  PURSUANT
   21  TO THE PROVISIONS OF SUCH SECTION.
   22    S  2. The state finance law is amended by adding two new sections 99-t
   23  and 99-u to read as follows:
   24    S 99-T. EDUCATION TAXPAYER ABUSE PENALTY  FUND.  1.  THERE  IS  HEREBY
   25  ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
   26  FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS  THE  "EDUCA-
   27  TION TAXPAYER ABUSE PENALTY FUND".
   28    2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
   29  OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF PARAGRAPH ONE  OF
   30  SUBDIVISION  (D)  OF  SECTION  SIX  HUNDRED EIGHT OF THE TAX LAW AND ALL
   31  OTHER MONEYS APPROPRIATED, CREDITED, OR  TRANSFERRED  THERETO  FROM  ANY
   32  OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
   33  SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
   34  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   35  THE FUND ACCORDING TO LAW. ANY INTEREST RECEIVED BY THE  COMPTROLLER  ON
   36  MONEYS  ON  DEPOSIT IN SUCH FUND SHALL BE RETAINED IN AND BECOME PART OF
   37  SUCH FUND.
   38    3. MONEYS IN SUCH FUND SHALL BE DISTRIBUTED TO SCHOOL DISTRICTS IN THE
   39  STATE WHERE PERSONS SUBJECT TO THE  PROVISIONS  OF  SUBDIVISION  (B)  OF
   40  SECTION  SIX  HUNDRED  EIGHT OF THE TAX LAW WERE EMPLOYED AT THE TIME OF
   41  THE COMMISSION OF THE ACT OR ACTS UPON WHICH SUCH CONVICTION WAS  BASED.
   42  THE  AMOUNT  OF MONEYS IN THE FUND THAT SHALL BE DISTRIBUTED TO A SCHOOL
   43  DISTRICT PURSUANT TO THIS SUBDIVISION  SHALL  BE  EQUAL  TO  THE  DOLLAR
   44  AMOUNT  OF  THE  SANCTION IMPOSED UPON SUCH CONVICTED PERSON. ANY MONEYS
   45  RECEIVED BY THE FUND FROM A SOURCE OTHER THAN A SANCTION IMPOSED  PURSU-
   46  ANT TO THE PROVISIONS OF SUBDIVISION (B) OF SECTION SIX HUNDRED EIGHT OF
   47  THE  TAX LAW SHALL BE DISTRIBUTED EQUALLY AMONG SCHOOL DISTRICTS LOCATED
   48  IN THE STATE.
   49    4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
   50  THE  STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS-
   51  SIONER OF TAXATION AND FINANCE.
   52    5. TO THE EXTENT PRACTICABLE, MONEYS OF THE FUND SHALL BE  DISTRIBUTED
   53  TO SCHOOL DISTRICTS AT LEAST ONCE ANNUALLY.
   54    S 99-U. TAXPAYER ABUSE PENALTY FUND. 1. THERE IS HEREBY ESTABLISHED IN
   55  THE  JOINT  CUSTODY  OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
       S. 2793                             3
    1  COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "TAXPAYER  ABUSE  PENALTY
    2  FUND".
    3    2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
    4  OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF PARAGRAPH TWO  OF
    5  SUBDIVISION  (D)  OF  SECTION  SIX  HUNDRED EIGHT OF THE TAX LAW AND ALL
    6  OTHER MONEYS APPROPRIATED, CREDITED, OR  TRANSFERRED  THERETO  FROM  ANY
    7  OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
    8  SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
    9  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   10  THE FUND ACCORDING TO LAW. ANY INTEREST RECEIVED BY THE  COMPTROLLER  ON
   11  MONEYS  ON  DEPOSIT IN SUCH FUND SHALL BE RETAINED IN AND BECOME PART OF
   12  SUCH FUND.
   13    3. MONEYS IN SUCH FUND SHALL BE DISTRIBUTED TO MUNICIPALITIES  IN  THE
   14  STATE  WHERE  PERSONS  SUBJECT  TO  THE PROVISIONS OF SUBDIVISION (B) OF
   15  SECTION SIX HUNDRED EIGHT OF THE TAX LAW WERE EMPLOYED AT  THE  TIME  OF
   16  THE  COMMISSION  OF THE ACT OR ACTS UPON WHICH SUCH CONVICTION WAS BASED
   17  OR TO THE STATE IF SUCH PERSON WAS EMPLOYED BY THE STATE. THE AMOUNT  OF
   18  MONEYS IN THE FUND THAT SHALL BE DISTRIBUTED TO A MUNICIPALITY OR TO THE
   19  STATE  PURSUANT  TO THIS SUBDIVISION SHALL BE EQUAL TO THE DOLLAR AMOUNT
   20  OF THE SANCTION IMPOSED UPON SUCH CONVICTED PERSON. ANY MONEYS  RECEIVED
   21  BY  THE FUND FROM A SOURCE OTHER THAN A SANCTION IMPOSED PURSUANT TO THE
   22  PROVISIONS OF SUBDIVISION (B) OF SECTION SIX HUNDRED EIGHT  OF  THE  TAX
   23  LAW  SHALL  BE  DISTRIBUTED  EQUALLY AMONG MUNICIPALITIES LOCATED IN THE
   24  STATE.
   25    4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
   26  THE  STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS-
   27  SIONER OF TAXATION AND FINANCE.
   28    5. TO THE EXTENT PRACTICABLE, MONEYS OF THE FUND SHALL BE  DISTRIBUTED
   29  TO MUNICIPALITIES AT LEAST ONCE ANNUALLY.
   30    S 3. This act shall take effect immediately and shall apply to taxable
   31  years beginning on or after January 1, 2011.
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