NY State Senate Bill 2015-S8217

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 12, 2016	referred to rules

2015-S8217 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Add §6-170, amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S26
2019-2020: S32

2015-S8217 (ACTIVE) - Summary

Enacts the "tax returns uniformly made public act".

2015-S8217 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8217

 TITLE OF BILL :

An act to amend the election law, in relation to enacting the "tax
returns uniformly made public act"

 SUMMARY OF PROVISIONS :

Section 1 of the bill states that the act shall be known and may be
cited as the "tax returns uniformly made public act."

Section 2 of the bill amends the election law by adding a new section
6-170. This new section would require candidates for United States
president and vice president to file copies of their last five federal
income tax returns with the New York State Board of Elections (BOE) no
later than 50 days prior to the general election in which they wish to
run.

The BOE would have seven days after receipt of such income tax returns
to redact them as deemed appropriate and make them publicly available
on the BOE website.

Candidates who fail to comply with these requirements shall not appear
on official ballot for the general election.

Section 3 of the bill amends section 12-106 of the election law to
state that no elector representing New York State in the Electoral
College shall vote for any person subject to the requirements of
section 6-170 who fails to comply with such requirements.

Section 4 of the bill is the effective date.


 JUSTIFICATION :

Until the 2016 presidential election, every president since Jimmy
Carter has disclosed at least one year worth of tax returns before
taking office. The practice of releasing tax returns has become a
political norm over the past four decades for an important reason:
American presidential candidates should be held to a higher standard
of transparency.

Tax returns give the American people important insight into a
candidate's financial standing and shines a light on potential
conflicts-of-interest. How much does the candidate earn, and from
whom? Are they paying a higher or lower overall tax rate than the
average American? To whom do they owe money? Have they utilized
loopholes in tax laws to avoid or evade paying taxes?

These are especially important questions for voters to learn before an
election, because unlike members of Congress and federal appointees,
presidents are largely exempt from conflicts-of-interest laws.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S8217 (ACTIVE) - Bill Text download pdf

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

                                  8217

                            I N  S E N A T E

                            December 12, 2016
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the election law,  in  relation  to  enacting  the  "tax
  returns uniformly made public act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "tax returns uniformly made public act".
  S 2. The election law is amended by adding a new section 6-170 to read
as follows:
  S  6-170.  DISCLOSURE  OF  TAX RETURNS BY CANDIDATES FOR PRESIDENT AND
VICE PRESIDENT. 1. NOT LATER THAN FIFTY DAYS BEFORE A GENERAL  ELECTION,
A  CANDIDATE FOR THE OFFICE OF PRESIDENT OR VICE PRESIDENT, OTHER THAN A
WRITE-IN CANDIDATE WHO FILES A CERTIFICATE OF CANDIDACY WITH  THE  STATE
BOARD OF ELECTIONS PURSUANT TO SECTION 6-153 OF THIS ARTICLE, SHALL:
  (A)  FILE  WITH  THE  STATE  BOARD  OF ELECTIONS A COPY OF THE FEDERAL
INCOME TAX RETURN, AS THAT TERM IS DEFINED IN SECTION 6103(B)(1) OF  THE
INTERNAL  REVENUE  CODE OF 1986, OF SUCH CANDIDATE FOR AT LEAST THE FIVE
MOST RECENT TAXABLE YEARS FOR WHICH SUCH A RETURN HAS  BEEN  FILED  WITH
THE INTERNAL REVENUE SERVICE; AND
  (B) PROVIDE WRITTEN CONSENT TO THE COMMISSIONERS OF THE STATE BOARD OF
ELECTIONS,  IN  SUCH  FORM  AS SHALL BE PRESCRIBED BY THE STATE BOARD OF
ELECTIONS, FOR THE PUBLIC DISCLOSURE OF SUCH RETURNS PURSUANT TO  SUBDI-
VISION TWO OF THIS SECTION.
  2.  INCOME  TAX  RETURNS  FILED WITH THE STATE BOARD OF ELECTIONS BY A
CANDIDATE FOR THE OFFICE OF PRESIDENT  OR  VICE  PRESIDENT  PURSUANT  TO
SUBDIVISION  ONE OF THIS SECTION SHALL BE MADE PUBLICLY AVAILABLE ON THE
WEBSITE OF THE STATE BOARD OF ELECTIONS NO LATER THAN SEVEN  DAYS  AFTER
SUCH  INCOME  TAX  RETURNS HAVE BEEN FILED, SUBJECT TO SUCH REDACTION AS
MAY BE WARRANTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  3. PRIOR TO MAKING ANY INCOME TAX RETURN FILED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION PUBLIC, THE STATE BOARD OF  ELECTIONS  SHALL  REDACT
SUCH  INFORMATION AS THE BOARD, IN CONSULTATION WITH THE COMMISSIONER OF
TAXATION AND FINANCE OR HIS OR HER DELEGATE, DEEMS APPROPRIATE.

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

                                                           LBD16251-01-6

S. 8217                             2

  4. NOTWITHSTANDING ANY OTHER SECTION OF LAW  TO  THE  CONTRARY,  IF  A
CANDIDATE  FOR  THE OFFICE OF PRESIDENT OR VICE PRESIDENT HAS NOT TIMELY
FILED WITH THE STATE BOARD OF ELECTIONS THE INCOME TAX RETURNS AND WRIT-
TEN CONSENT REQUIRED BY SUBDIVISION ONE OF THIS  SECTION,  THE  NAME  OF
SUCH  CANDIDATE  SHALL  NOT  BE PRINTED UPON THE OFFICIAL BALLOT FOR THE
GENERAL ELECTION.
  S 3. Section 12-106 of the election law is amended to read as follows:
  S 12-106. Electoral college; vote of the electors.  Immediately  after
the  organization  of the electoral college, the electors shall then and
there vote by ballot for president and vice president,  but  no  elector
shall  vote  for more than one person who is a resident of this state OR
FOR ANY PERSON SUBJECT TO THE REQUIREMENTS  OF  SECTION  6-170  OF  THIS
CHAPTER  WHO FAILED TO COMPLY WITH SUCH REQUIREMENTS. They shall name in
separate ballots the persons voted for as president and vice  president.
They  shall  make  and  sign  six certificates of all the votes given by
them, each of which certificates shall contain two distinct  lists,  one
with  the votes for president and one with the votes for vice president.
There shall be annexed to each of the certificates one of the  lists  of
electors  which  shall have been furnished to them by the state board of
elections. They shall seal up the certificates so made and certify  upon
each  that  the lists of all the votes of this state given for president
and vice president are contained therein.
  S 4. This act shall take effect immediately.

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Senate Bill S8217

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S8217 (ACTIVE) - Details

2015-S8217 (ACTIVE) - Summary

2015-S8217 (ACTIVE) - Sponsor Memo

2015-S8217 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8217

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S8217 (ACTIVE) - Details

2015-S8217 (ACTIVE) - Summary

2015-S8217 (ACTIVE) - Sponsor Memo

2015-S8217 (ACTIVE) - Bill Text download pdf

Comments