Bill Text: NY A07194 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the commissioner of taxation and finance to cooperate with investigations by certain committees of the United States Congress under certain circumstances.

Spectrum: Partisan Bill (Democrat 34-0)

Status: (Passed) 2019-07-08 - SIGNED CHAP.91 [A07194 Detail]

Download: New_York-2019-A07194-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7194
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 11, 2019
                                       ___________
        Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
          tee on Ways and Means
        AN  ACT  to amend the tax law and the administrative code of the city of
          New York, in relation to requiring the commissioner  of  taxation  and
          finance  to cooperate with investigations by certain committees of the
          United States Congress under certain circumstances
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  697  of  the  tax law is amended by adding a new
     2  subsection (f-1) to read as follows:
     3    (f-1) Cooperation with investigations by  certain  committees  of  the
     4  United   States   Congress.--(1)   Notwithstanding   the  provisions  of
     5  subsection (e) of this section, upon written  request  from  the  chair-
     6  person  of the committee on ways and means of the United States House of
     7  Representatives, the chairperson of the  committee  on  finance  of  the
     8  United States Senate, or the chairperson of the joint committee on taxa-
     9  tion  of  the  United States Congress, the commissioner may furnish such
    10  committee with any returns or return information filed under this  arti-
    11  cle specified in such request.
    12    (2)  Such  permission  shall be granted only if the chairperson of the
    13  requesting committee certifies in writing that such  returns  or  return
    14  information  have been requested for a specified and legitimate legisla-
    15  tive purpose, the requesting committee has made a written request to the
    16  United States secretary of the treasury for related federal  returns  or
    17  return  information,  pursuant  to  26  U.S.C. Section 6103(f), and such
    18  returns or return information will  be  inspected  and/or  submitted  to
    19  another  committee, to the United States House of Representatives, or to
    20  the United States Senate in a manner consistent  with  the  requirements
    21  and procedures established in 26 U.S.C. Section 6103(f).
    22    § 2. Section 202 of the tax law is amended by adding a new subdivision
    23  6 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10448-02-9

        A. 7194                             2
     1    6.  (a)  Notwithstanding  the  provisions  of  subdivision one of this
     2  section, upon written request from the chairperson of the  committee  on
     3  ways and means of the United States House of Representatives, the chair-
     4  person  of  the committee on finance of the United States Senate, or the
     5  chairperson  of  the  joint  committee  on taxation of the United States
     6  Congress, the commissioner may furnish such committee with  any  reports
     7  or  report  information  filed  under  this  article  specified  in such
     8  request.
     9    (b) Such permission shall be granted only if the  chairperson  of  the
    10  requesting  committee  certifies  in writing that such reports or report
    11  information have been requested for a specified and legitimate  legisla-
    12  tive purpose, the requesting committee has made a written request to the
    13  United  States  secretary of the treasury for related federal reports or
    14  report information, pursuant to 26  U.S.C.  Section  6103(f),  and  such
    15  reports  or  report  information  will  be inspected and/or submitted to
    16  another committee, to the United States House of Representatives, or  to
    17  the  United  States  Senate in a manner consistent with the requirements
    18  and procedures established in 26 U.S.C. Section 6103(f).
    19    § 3. Section 211 of the tax law is amended by adding a new subdivision
    20  16 to read as follows:
    21    16. (a) Notwithstanding the provisions of subdivision  eight  of  this
    22  section,  upon  written request from the chairperson of the committee on
    23  ways and means of the United States House of Representatives, the chair-
    24  person of the committee on finance of the United States Senate,  or  the
    25  chairperson  of  the  joint  committee  on taxation of the United States
    26  Congress, the commissioner may furnish such committee with  any  reports
    27  or  report  information  filed  under  this  article  specified  in such
    28  request.
    29    (b) Such permission shall be granted only if the  chairperson  of  the
    30  requesting  committee  certifies  in writing that such reports or report
    31  information have been requested for a specified and legitimate  legisla-
    32  tive purpose, the requesting committee has made a written request to the
    33  United  States  secretary of the treasury for related federal reports or
    34  report information, pursuant to 26  U.S.C.  Section  6103(f),  and  such
    35  reports  or  report  information  will  be inspected and/or submitted to
    36  another committee, to the United States House of Representatives, or  to
    37  the  United  States  Senate in a manner consistent with the requirements
    38  and procedures established in 26 U.S.C. Section 6103(f).
    39    § 4. Section 314 of the tax law is amended by adding a new subdivision
    40  (g) to read as follows:
    41    (g) Cooperation with  investigations  by  certain  committees  of  the
    42  United  States Congress.--(1) Notwithstanding the provisions of subdivi-
    43  sion (a) of this section, upon written request from the  chairperson  of
    44  the  committee on ways and means of the United States House of Represen-
    45  tatives, the chairperson of the  committee  on  finance  of  the  United
    46  States  Senate, or the chairperson of the joint committee on taxation of
    47  the United States Congress, the commissioner may furnish such  committee
    48  with  any  returns or return information filed under this article speci-
    49  fied in such request.
    50    (2) Such permission shall be granted only if the  chairperson  of  the
    51  requesting  committee  certifies  in writing that such returns or return
    52  information have been requested for a specified and legitimate  legisla-
    53  tive purpose, the requesting committee has made a written request to the
    54  United  States  secretary of the treasury for related federal returns or
    55  return information, pursuant to 26  U.S.C.  Section  6103(f),  and  such
    56  returns  or  return  information  will  be inspected and/or submitted to

        A. 7194                             3
     1  another committee, to the United States House of Representatives, or  to
     2  the  United  States  Senate in a manner consistent with the requirements
     3  and procedures established in 26 U.S.C. Section 6103(f).
     4    § 5. Section 437 of the tax law is amended by adding a new subdivision
     5  5 to read as follows:
     6    5.  (a)  Notwithstanding  the  provisions  of  subdivision one of this
     7  section, upon written request from the chairperson of the  committee  on
     8  ways and means of the United States House of Representatives, the chair-
     9  person  of  the committee on finance of the United States Senate, or the
    10  chairperson of the joint committee on  taxation  of  the  United  States
    11  Congress,  the  commissioner may furnish such committee with any returns
    12  or reports or return or report  information  filed  under  this  article
    13  specified in such request.
    14    (b)  Such  permission  shall be granted only if the chairperson of the
    15  requesting committee certifies in writing that such returns  or  reports
    16  or  return or report information have been requested for a specified and
    17  legitimate legislative purpose, the  requesting  committee  has  made  a
    18  written  request  to  the  United  States  secretary of the treasury for
    19  related federal returns or reports  or  return  or  report  information,
    20  pursuant  to  26 U.S.C.  Section 6103(f), and such returns or reports or
    21  return or report information  will  be  inspected  and/or  submitted  to
    22  another  committee, to the United States House of Representatives, or to
    23  the United States Senate in a manner consistent  with  the  requirements
    24  and procedures established in 26 U.S.C. Section 6103(f).
    25    § 6. Section 514 of the tax law is amended by adding a new subdivision
    26  6 to read as follows:
    27    6.  (a)  Notwithstanding  the  provisions  of  subdivision one of this
    28  section, upon written request from the chairperson of the  committee  on
    29  ways and means of the United States House of Representatives, the chair-
    30  person  of  the committee on finance of the United States Senate, or the
    31  chairperson of the joint committee on  taxation  of  the  United  States
    32  Congress,  the  commissioner may furnish such committee with any returns
    33  or reports or return or report  information  filed  under  this  article
    34  specified in such request.
    35    (b)  Such  permission  shall be granted only if the chairperson of the
    36  requesting committee certifies in writing that such returns  or  reports
    37  or  return or report information have been requested for a specified and
    38  legitimate legislative purpose, the  requesting  committee  has  made  a
    39  written  request  to  the  United  States  secretary of the treasury for
    40  related federal returns or reports  or  return  or  report  information,
    41  pursuant  to  26 U.S.C.  Section 6103(f), and such returns or reports or
    42  return or report information  will  be  inspected  and/or  submitted  to
    43  another  committee, to the United States House of Representatives, or to
    44  the United States Senate in a manner consistent  with  the  requirements
    45  and procedures established in 26 U.S.C. Section 6103(f).
    46    §  7. Section 994 of the tax law is amended by adding a new subsection
    47  (b-1) to read as follows:
    48    (b-1) Cooperation with investigations by  certain  committees  of  the
    49  United States Congress. (1) Notwithstanding the provisions of subsection
    50  (a)  of  this  section, upon written request from the chairperson of the
    51  committee on ways and means of the  United  States  House  of  Represen-
    52  tatives,  the  chairperson  of  the  committee  on finance of the United
    53  States Senate, or the chairperson of the joint committee on taxation  of
    54  the  United States Congress, the commissioner may furnish such committee
    55  with any reports or returns or report or return information filed  under
    56  this article specified in such request.

        A. 7194                             4
     1    (2)  Such  permission  shall be granted only if the chairperson of the
     2  requesting committee certifies in writing that such reports  or  returns
     3  or  report or return information have been requested for a specified and
     4  legitimate legislative purpose, the  requesting  committee  has  made  a
     5  written  request  to  the  United  States  secretary of the treasury for
     6  related federal reports or returns  or  report  or  return  information,
     7  pursuant  to  26 U.S.C.  Section 6103(f), and such reports or returns or
     8  report or return information  will  be  inspected  and/or  submitted  to
     9  another  committee, to the United States House of Representatives, or to
    10  the United States Senate in a manner consistent  with  the  requirements
    11  and procedures established in 26 U.S.C. Section 6103(f).
    12    §  8.  Section 1146 of the tax law is amended by adding a new subdivi-
    13  sion (h) to read as follows:
    14    (h) (1) Notwithstanding the provisions  of  subdivision  (a)  of  this
    15  section,  upon  written request from the chairperson of the committee on
    16  ways and means of the United States House of Representatives, the chair-
    17  person of the committee on finance of the United States Senate,  or  the
    18  chairperson  of  the  joint  committee  on taxation of the United States
    19  Congress, the commissioner may furnish such committee with  any  returns
    20  or  reports  or  return  or  report information filed under this article
    21  specified in such request.
    22    (2) Such permission shall be granted only if the  chairperson  of  the
    23  requesting  committee  certifies in writing that such returns or reports
    24  or return or report information have been requested for a specified  and
    25  legitimate  legislative  purpose,  the  requesting  committee has made a
    26  written request to the United  States  secretary  of  the  treasury  for
    27  related  federal  returns  or  reports  or return or report information,
    28  pursuant to 26 U.S.C.  Section 6103(f), and such returns or  reports  or
    29  return  or  report  information  will  be  inspected and/or submitted to
    30  another committee, to the United States House of Representatives, or  to
    31  the  United  States  Senate in a manner consistent with the requirements
    32  and procedures established in 26 U.S.C. Section 6103(f).
    33    § 9. Section 1287 of the tax law is amended by adding a  new  subdivi-
    34  sion (g) to read as follows:
    35    (g)  (1)  Notwithstanding  the  provisions  of subdivision (a) of this
    36  section, upon written request from the chairperson of the  committee  on
    37  ways and means of the United States House of Representatives, the chair-
    38  person  of  the committee on finance of the United States Senate, or the
    39  chairperson of the joint committee on  taxation  of  the  United  States
    40  Congress,  the  commissioner may furnish such committee with any returns
    41  or reports or return or report  information  filed  under  this  article
    42  specified in such request.
    43    (2)  Such  permission  shall be granted only if the chairperson of the
    44  requesting committee certifies in writing that such returns  or  reports
    45  or  return or report information have been requested for a specified and
    46  legitimate legislative purpose, the  requesting  committee  has  made  a
    47  written  request  to  the  United  States  secretary of the treasury for
    48  related federal returns or reports  or  return  or  report  information,
    49  pursuant  to  26 U.S.C.  Section 6103(f), and such returns or reports or
    50  return or report information  will  be  inspected  and/or  submitted  to
    51  another  committee, to the United States House of Representatives, or to
    52  the United States Senate in a manner consistent  with  the  requirements
    53  and procedures established in 26 U.S.C. Section 6103(f).
    54    §  10. Section 1296 of the tax law is amended by adding a new subdivi-
    55  sion (f) to read as follows:

        A. 7194                             5
     1    (f) (1) Notwithstanding the provisions  of  subdivision  (a)  of  this
     2  section,  upon  written request from the chairperson of the committee on
     3  ways and means of the United States House of Representatives, the chair-
     4  person of the committee on finance of the United States Senate,  or  the
     5  chairperson  of  the  joint  committee  on taxation of the United States
     6  Congress, the commissioner may furnish such committee with  any  returns
     7  or  reports  or  return  or  report information filed under this article
     8  specified in such request.
     9    (2) Such permission shall be granted only if the  chairperson  of  the
    10  requesting  committee  certifies in writing that such returns or reports
    11  or return or report information have been requested for a specified  and
    12  legitimate  legislative  purpose,  the  requesting  committee has made a
    13  written request to the United  States  secretary  of  the  treasury  for
    14  related  federal  returns  or  reports  or return or report information,
    15  pursuant to 26 U.S.C.  Section 6103(f), and such returns or  reports  or
    16  return  or  report  information  will  be  inspected and/or submitted to
    17  another committee, to the United States House of Representatives, or  to
    18  the  United  States  Senate in a manner consistent with the requirements
    19  and procedures established in 26 U.S.C. Section 6103(f).
    20    § 11. Section 1299-f of the tax law is amended by adding a new  subdi-
    21  vision (d) to read as follows:
    22    (d)  (1)  Notwithstanding  the  provisions  of subdivision (a) of this
    23  section, upon written request from the chairperson of the  committee  on
    24  ways and means of the United States House of Representatives, the chair-
    25  person  of  the committee on finance of the United States Senate, or the
    26  chairperson of the joint committee on  taxation  of  the  United  States
    27  Congress,  the  commissioner may furnish such committee with any returns
    28  or reports or return or report  information  filed  under  this  article
    29  specified in such request.
    30    (2)  Such  permission  shall be granted only if the chairperson of the
    31  requesting committee certifies in writing that such returns  or  reports
    32  or  return or report information have been requested for a specified and
    33  legitimate legislative purpose, the  requesting  committee  has  made  a
    34  written  request  to  the  United  States  secretary of the treasury for
    35  related federal returns or reports  or  return  or  report  information,
    36  pursuant  to  26 U.S.C.  Section 6103(f), and such returns or reports or
    37  return or report information  will  be  inspected  and/or  submitted  to
    38  another  committee, to the United States House of Representatives, or to
    39  the United States Senate in a manner consistent  with  the  requirements
    40  and procedures established in 26 U.S.C. Section 6103(f).
    41    §  12. Section 1418 of the tax law is amended by adding a new subdivi-
    42  sion (i) to read as follows:
    43    (i) (1) Notwithstanding the provisions  of  subdivision  (a)  of  this
    44  section,  upon  written request from the chairperson of the committee on
    45  ways and means of the United States House of Representatives, the chair-
    46  person of the committee on finance of the United States Senate,  or  the
    47  chairperson  of  the  joint  committee  on taxation of the United States
    48  Congress, the commissioner may furnish such committee with  any  returns
    49  or  return  information  filed  under  this  article  specified  in such
    50  request.
    51    (2) Such permission shall be granted only if the  chairperson  of  the
    52  requesting  committee  certifies  in writing that such returns or return
    53  information have been requested for a specified and legitimate  legisla-
    54  tive purpose, the requesting committee has made a written request to the
    55  United  States  secretary of the treasury for related federal returns or
    56  return information, pursuant to 26  U.S.C.  Section  6103(f),  and  such

        A. 7194                             6
     1  returns  or  return  information  will  be inspected and/or submitted to
     2  another committee, to the United States House of Representatives, or  to
     3  the  United  States  Senate in a manner consistent with the requirements
     4  and procedures established in 26 U.S.C. Section 6103(f).
     5    §  13. Section 1518 of the tax law is amended by adding a new subdivi-
     6  sion (h) to read as follows:
     7    (h) (1) Notwithstanding the provisions  of  subdivision  (a)  of  this
     8  section,  upon  written request from the chairperson of the committee on
     9  ways and means of the United States House of Representatives, the chair-
    10  person of the committee on finance of the United States Senate,  or  the
    11  chairperson  of  the  joint  committee  on taxation of the United States
    12  Congress, the commissioner may furnish such committee with  any  returns
    13  or  return  information  filed  under  this  article  specified  in such
    14  request.
    15    (2) Such permission shall be granted only if the  chairperson  of  the
    16  requesting  committee  certifies  in writing that such returns or return
    17  information have been requested for a specified and legitimate  legisla-
    18  tive purpose, the requesting committee has made a written request to the
    19  United  States  secretary of the treasury for related federal returns or
    20  return information, pursuant to 26  U.S.C.  Section  6103(f),  and  such
    21  returns  or  return  information  will  be inspected and/or submitted to
    22  another committee, to the United States House of Representatives, or  to
    23  the  United  States  Senate in a manner consistent with the requirements
    24  and procedures established in 26 U.S.C. Section 6103(f).
    25    § 14. Section 1555 of the tax law is amended by adding a new  subdivi-
    26  sion (f) to read as follows:
    27    (f)  (1)  Notwithstanding  the  provisions  of subdivision (a) of this
    28  section, upon written request from the chairperson of the  committee  on
    29  ways and means of the United States House of Representatives, the chair-
    30  person  of  the committee on finance of the United States Senate, or the
    31  chairperson of the joint committee on  taxation  of  the  United  States
    32  Congress,  the  commissioner may furnish such committee with any returns
    33  or return  information  filed  under  this  article  specified  in  such
    34  request.
    35    (2)  Such  permission  shall be granted only if the chairperson of the
    36  requesting committee certifies in writing that such  returns  or  return
    37  information  have been requested for a specified and legitimate legisla-
    38  tive purpose, the requesting committee has made a written request to the
    39  United States secretary of the treasury for related federal  returns  or
    40  return  information,  pursuant  to  26  U.S.C. Section 6103(f), and such
    41  returns or return information will  be  inspected  and/or  submitted  to
    42  another  committee, to the United States House of Representatives, or to
    43  the United States Senate in a manner consistent  with  the  requirements
    44  and procedures established in 26 U.S.C. Section 6103(f).
    45    §  15.  Section  11-1797 of the administrative code of the city of New
    46  York is amended by adding a new subdivision (m) to read as follows:
    47    (m) (1) Notwithstanding the provisions  of  subdivision  (e)  of  this
    48  section,  upon  written request from the chairperson of the committee on
    49  ways and means of the United States House of Representatives, the chair-
    50  person of the committee on finance of the United States Senate,  or  the
    51  chairperson  of  the  joint  committee  on taxation of the United States
    52  Congress, the commissioner of taxation  and  finance  may  furnish  such
    53  committee  with  any  reports or returns or report or return information
    54  filed under this article specified in such request.
    55    (2) Such permission shall be granted only if the  chairperson  of  the
    56  requesting  committee  certifies in writing that such reports or returns

        A. 7194                             7
     1  or report or return information have been requested for a specified  and
     2  legitimate  legislative  purpose,  the  requesting  committee has made a
     3  written request to the United  States  secretary  of  the  treasury  for
     4  related  federal  reports  or  returns  or report or return information,
     5  pursuant to 26 U.S.C.  Section 6103(f), and such reports or  returns  or
     6  report  or  return  information  will  be  inspected and/or submitted to
     7  another committee, to the United States House of Representatives, or  to
     8  the  United  States  Senate in a manner consistent with the requirements
     9  and procedures established in 26 U.S.C. Section 6103(f).
    10    § 16. This act shall take effect immediately.
feedback