Bill Text: NY A05637 | 2023-2024 | 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 21-1)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A05637 Detail]

Download: New_York-2023-A05637-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5637

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 20, 2023
                                       ___________

        Introduced  by  M.  of  A.  FRIEND,  BLANKENBUSH,  J. M. GIGLIO, HAWLEY,
          PALMESANO, RA,  GOODELL,  MANKTELOW,  SMULLEN,  DeSTEFANO,  MORINELLO,
          NORRIS,  DiPIETRO,  WALSH, BRABENEC, TAGUE -- Multi-Sponsored by -- M.
          of A. BARCLAY, BYRNES, McDONOUGH, MILLER,  THIELE  --  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-g
     2  to read as follows:
     3    § 170-g. 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10294-01-3
        A. 5637                             2

     1                                   TITLE 3
     2                                MISCELLANEOUS
     3  Section 10. Fee increases prohibited; exception.
     4    § 10. Fee increases prohibited; exception.  1. On and after the effec-
     5  tive  date  of  this  section,  no  state department, office, agency, or
     6  authority may increase any fee, surcharge or tax that it imposes on  any
     7  New York state resident or business unless such increase is specifically
     8  authorized and approved by the state legislature.
     9    2.  Any  state department, office, agency, or authority that imposes a
    10  fee, surcharge, or tax prior to the  effective  date  of  this  section,
    11  where   such  imposition  was  implemented  without  specific  statutory
    12  approval, shall be prohibited from further imposing and collecting  such
    13  fee,  surcharge  or  tax  on and after January first next succeeding the
    14  effective date of this section.
    15    3. On and after the effective date of this section, any state  depart-
    16  ment,  office,  agency,  or  authority  that  wishes  to  impose  a fee,
    17  surcharge or tax on any New York state resident or  business  must  seek
    18  and  obtain  legislative authorization and approval of the specific fee,
    19  surcharge, or tax requested prior to its imposition.
    20    § 3. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.