Senate Republicans Will Attempt To Force Vote On Bill Preventing Governor From Withholding Taxpayer Refunds
February 24, 2010
(Albany,N.Y.)-Senate Republicans today announced they will use Senate rules in an attempt to force a vote on legislation sponsored by State Senator George Winner (R-C-I, Elmira) that would require the state to provide personal income tax refunds within 30 days after a taxpayer files a return, rather than withhold those refunds for months as Governor Paterson has threatened to do.
“Albany’s leaders shouldn’t be allowed to keep making taxpayers the scapegoats for this fiscal crisis,” said Senator Winner, noting that the 2009-2010 state budget enacted by Governor David Paterson and legislative leaders last April increased state taxes and fees by more than $8 billion, and included the elimination of the STAR property tax rebate program. “State and local taxpayers shouldn’t be the first place to turn when Albany goes looking for a way out of a fiscal challenge. It’s a mindset that has to end.”
Under the new rules of the State Senate, which Republicans pressured Democrats to enact, any member can bypass the normal committee process and send a bill directly to the floor by securing the signatures of 38 members of the chamber. A petition-for-consideration on the income tax refund bill was signed by all 30 Republicans and is now being circulated to all members of the chamber, Republicans noted. It will take 8 Democrats to bring the bill to the floor.
“While Senate Democrats offered a non-binding resolution today on the floor, this legislation will give them an opportunity to act to stop the Governor and ensure taxpayers receive the refunds they are entitled to in a timely manner. There’s no excuse for Democrats to ignore this legislation,” Senate Republican Leader Dean G. Skelos said.
Senator Winner’s legislation was introduced in 2005, and is sponsored in the Assembly by Assemblyman Richard Brodsky (D-Westchester), chairman of the Assembly Committee on Corporations, Authorities and Commissions. Governor Paterson’s threat to withhold the refunds highlighted the need for passage of legislation to put a stop to the practice, Winner said.
“Taxpayers should receive timely refunds,” Senator Winner said. “It’s their money, and they need it. It’s a terrible economic time to ask hard-pressed taxpayers to wait a little longer for a tax return that they’ve earned. When the shoe is on the other foot, we know that the state doesn’t hesitate to impose fees, fines, and everything else under the sun on taxpayers failing to make timely payments.”
Under the legislation (S.3985/A.5100), the state Department of Taxation and Finance would be required to pay a taxpayer’s refund within 30 days after receiving the taxpayer’s filing. If the department is unable to pay a tax refund because of a discrepancy in the taxpayer’s return, it would be required to provide written notice to the taxpayer of the discrepancy and an expected timeframe for its resolution. If the department fails to provide a refund or written notice within 30 days, the taxpayer would be paid interest on the refund owed at a rate of six percent annually.
If Senator Winner’s legislation is not enacted, it could result in a months-long delay for many taxpayers waiting for a state income tax refund.
The Governor’s plan to withhold hundreds of millions of dollars in tax refunds from struggling taxpayers comes on the heels of a Democrat cash grab that would have forced New York motorists to pay $25 for a set of new license plates they didn’t want or need. Republican lawmakers and county clerks across the State beat back the license plate scheme after collecting hundreds of thousands of signatures from angry taxpayers opposing the plan.
The Senate Republican conference has offered a detailed plan to respond to New York’s long-term, deep-rooted fiscal crisis by taking actions to encourage economic growth, cut government waste, and permanently cap state spending.
Posted by News LI Editor · Filed Under Business
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