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Finance: Jun 12, 2013, Local Government: May 7, 2013, Rules: Jun 12, 2013

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Floor Calendar: Jun 12, 2013 , Floor Calendar: Jun 13, 2013 , Floor Calendar: Jun 17, 2013 , Floor Calendar: Jun 18, 2013 , Floor Calendar: Jun 19, 2013

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Memo

BILL NUMBER:S877

TITLE OF BILL: An act to amend the real property tax law, in relation to the process for local disciplinary actions against assessors

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to allow assessors who have been removed or subjected to local disciplinary action to appeal the disciplinary decision to the Commissioner of the Department of Taxation and Finance or his or her designee.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Real Property Tax Law by adding a new section 324 to read as follows:

º 324. Local disciplinary actions. An assessor may be removed from office for just cause by the appointing. authority after a hearing upon notice. A determination to remove an assessor or take other disciplinary action as a result of the removal proceeding against an assessor shall be subject to review by the commissioner or his or her designee (CHHD) within the department upon application filed with the department by the assessor within thirty days after receipt by him or her of written notice of such determination. The review by the CHHD within the department shall be based upon the record and a transcript of the hearing held by the appointing authority and such oral or written argument as may be presented to the CHHD within the department by the parties to the proceeding. Upon completion of such review the CHHD within the department shall affirm, reverse or modify the determination of the appointing authority. The determination of the CHHD within the department shall be subject to judicial review in accordance with the provisions of article seventy-eight of the Civil Practice Law and Rules.

Section 2: Effective date.

JUSTIFICATION: This legislation allows for local assessors to appeal disciplinary actions to the Commissioner of the Department of Taxation and Finance, or his or her designee, if the assessor feels they have been unfairly disciplined or removed. A fair review process is appropriate and necessary, and this legislation reinstates the same.

PRIOR LEGISLATIVE HISTORY:

S.3350-A of 2012: Died in Senate Finance, Passed Assembly S.3350 of 2011: Passed Senate, Died in Assembly Ways and Means

FISCAL IMPLICATIONS: There are no fiscal implications with the enactment of this legislation.

EFFECTIVE DATE: This act shall take effect immediately.

 

Text

STATE OF NEW YORK
________________________________________________________________________

877

2013-2014 Regular Sessions

IN SENATE

(PREFILED)

January 9, 2013
___________

Introduced  by  Sens.  BONACIC, GRIFFO, LARKIN, RITCHIE, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Local Government

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:

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 324 to read as follows:
  S 324. LOCAL DISCIPLINARY ACTIONS. AN ASSESSOR  MAY  BE  REMOVED  FROM
OFFICE  FOR  JUST CAUSE BY THE APPOINTING AUTHORITY AFTER A HEARING UPON
NOTICE. A DETERMINATION TO REMOVE AN ASSESSOR OR TAKE OTHER DISCIPLINARY
ACTION AS A RESULT OF THE REMOVAL PROCEEDING AGAINST AN  ASSESSOR  SHALL
BE  SUBJECT  TO REVIEW BY THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN
THE DEPARTMENT UPON APPLICATION FILED WITH THE DEPARTMENT BY THE  ASSES-
SOR  WITHIN THIRTY DAYS AFTER RECEIPT BY HIM OR HER OF WRITTEN NOTICE OF
SUCH DETERMINATION. THE REVIEW BY THE COMMISSIONER OR HIS OR HER  DESIG-
NEE  WITHIN  THE  DEPARTMENT  SHALL BE BASED UPON THE RECORD AND A TRAN-
SCRIPT OF THE HEARING HELD BY THE APPOINTING AUTHORITY AND SUCH ORAL  OR
WRITTEN  ARGUMENT  AS MAY BE PRESENTED TO THE COMMISSIONER OR HIS OR HER
DESIGNEE WITHIN THE DEPARTMENT BY THE PARTIES TO  THE  PROCEEDING.  UPON
COMPLETION OF SUCH REVIEW THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN
THE  DEPARTMENT SHALL AFFIRM, REVERSE OR MODIFY THE DETERMINATION OF THE
APPOINTING AUTHORITY. THE DETERMINATION OF THE COMMISSIONER  OR  HIS  OR
HER  DESIGNEE  WITHIN THE DEPARTMENT SHALL BE SUBJECT TO JUDICIAL REVIEW
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE  CIVIL
PRACTICE LAW AND RULES.
  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