Add §170-c, Exec L; add Art 1 Title 3 §10, Pub Auth L
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.
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.
