Bill Text: NY A04721 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that state departments, offices, agencies, and authorities are prohibited from imposing any fees, surcharges, or taxes that have not been approved by the state legislature.

Spectrum: Partisan Bill (Republican 16-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A04721 Detail]

Download: New_York-2019-A04721-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4721
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced by M. of A. FRIEND, GOODELL -- Multi-Sponsored by -- M. of A.
          HAWLEY  --  read  once  and  referred to the Committee on Governmental
          Operations
        AN ACT to amend the executive law and the  public  authorities  law,  in
          relation to prohibiting the imposition of certain fees, surcharges, or
          taxes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The executive law is amended by adding a new section  170-c
     2  to read as follows:
     3    §  170-c.  Fee  increases prohibited; exception.   1. On and after the
     4  effective date of this section, no state department, office, agency,  or
     5  authority  may increase any fee, surcharge or tax that it imposes on any
     6  New York state resident or business unless such increase is specifically
     7  authorized and approved by the state legislature.
     8    2. Any state department, office, agency, or authority that  imposes  a
     9  fee, surcharge or tax prior to the effective date of this section, where
    10  such  imposition  was  implemented  without specific statutory approval,
    11  shall be prohibited from  further  imposing  and  collecting  such  fee,
    12  surcharge  or  tax on and after January first next succeeding the effec-
    13  tive date of this section.
    14    3. On and after the effective date of this section, any state  depart-
    15  ment,  office,  agency,  or  authority  that  wishes  to  impose  a fee,
    16  surcharge or tax on any New York state resident or  business  must  seek
    17  and  obtain  legislative authorization and approval of the specific fee,
    18  surcharge, or tax requested prior to its imposition.
    19    § 2. Article 1 of the public authorities law is amended  by  adding  a
    20  new title 3 to read as follows:
    21                                   TITLE 3
    22                                MISCELLANEOUS
    23  Section 10. Fee increases prohibited; exception.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08759-01-9
        A. 4721                             2
     1    § 10. Fee increases prohibited; exception.  1. On and after the effec-
     2  tive  date  of  this  section,  no  state department, office, agency, or
     3  authority may increase any fee, surcharge or tax that it imposes on  any
     4  New York state resident or business unless such increase is specifically
     5  authorized and approved by the state legislature.
     6    2.  Any  state department, office, agency, or authority that imposes a
     7  fee, surcharge, or tax prior to the  effective  date  of  this  section,
     8  where   such  imposition  was  implemented  without  specific  statutory
     9  approval, shall be prohibited from further imposing and collecting  such
    10  fee,  surcharge  or  tax  on and after January first next succeeding the
    11  effective date of this section.
    12    3. On and after the effective date of this section, any state  depart-
    13  ment,  office,  agency,  or  authority  that  wishes  to  impose  a fee,
    14  surcharge or tax on any New York state resident or  business  must  seek
    15  and  obtain  legislative authorization and approval of the specific fee,
    16  surcharge, or tax requested prior to its imposition.
    17    § 3. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law.