Assembly Bill A9377

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9377
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by  M.  of A. NOVAKHOV, BROOK-KRASNY, CHANG -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law and the state finance law, in relation
   to requiring state agencies to submit an annual report to  the  finan-
   cial committees of the legislature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative intent. Imposing fines and penalties is  occa-
 sionally  necessary  to  deter,  discourage,  and,  if need be, penalize
 actions dangerous or harmful to the citizenry or otherwise  contrary  to
 public  good.  However,  there  is an inherent conflict of interest when
 agencies intentionally impose monetary penalties, fees and fines for the
 sole purpose of supplementing their budgets. This is  a  separate  issue
 from  the various fixed fees imposed by state entities pursuant to stat-
 ute, especially as these are often earmarked to support  related  public
 projects.    In  addition,  for  example, there are well thought out fee
 assessments that support wildlife conservation and management. In  addi-
 tion,  under  our  state constitution, it is an authority granted to the
 legislature, in partnership with the governor and the  division  of  the
 budget,  to determine the proper appropriation level for each government
 body. A bureaucracy's inherent risk arises from the  temptation  it  may
 have to raise money for its own operations by imposing extra, potential-
 ly  unjustified  fees  on  individuals and companies.   Therefore, it is
 incumbent upon the legislature to review such impositions and  determine
 if the assessments against New Yorkers are justified.
   §  2.  The  executive  law is amended by adding a new section 164-e to
 read as follows:
   § 164-E. FINANCIAL REPORTS TO THE LEGISLATURE. 1. FOR THE PURPOSES  OF
 THIS  SECTION, "STATE AGENCY" MEANS ANY STATE DEPARTMENT, BOARD, BUREAU,
 DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPO-
 RATION, COUNCIL, OFFICE,  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING  A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE.
   2.  THE  HEAD OF EACH STATE AGENCY SHALL, ON AN ANNUAL BASIS, SUBMIT A
 REPORT TO THE CHAIR AND RANKING MINORITY MEMBER OF  THE  SENATE  FINANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14335-02-4
 A. 9377                             2
 
 COMMITTEE,  AND  THE  CHAIR  AND RANKING MINORITY MEMBER OF THE ASSEMBLY
 WAYS AND MEANS COMMITTEE THAT SHALL INCLUDE THE FOLLOWING:
   (A)  AN  ACCOUNTING  OF  ALL FINES, FEES, INTEREST AND SURCHARGES THAT
 WERE ASSESSED BY SUCH STATE AGENCY IN THE PRIOR YEAR;
   (B) THE PURPOSE FOR EACH FINE, FEE OR SURCHARGE ASSESSED BY SUCH STATE
 AGENCY; AND
   (C) WHERE SUCH FINES, FEES AND SURCHARGES ASSESSED IN THE  PRIOR  YEAR
 WERE DEPOSITED.
   3.  THE  CHAIR  OF  THE  SENATE FINANCE COMMITTEE AND THE CHAIR OF THE
 ASSEMBLY WAYS AND  MEANS  COMMITTEE  SHALL  CAUSE  SUCH  REPORTS  TO  BE
 UPLOADED  TO  THE  SENATE  AND  ASSEMBLY WEBSITES AND MADE AVAILABLE AND
 ACCESSIBLE TO THE PUBLIC.
   § 3. Section 4 of the state finance law is amended  by  adding  a  new
 subdivision 14 to read as follows:
   14.  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SECTION OF LAW TO THE
 CONTRARY, ALL FUNDS RECEIVED BY ANY STATE  GOVERNMENT  ENTITY  OR  STATE
 AGENCY  AS  DEFINED BY SECTION ONE HUNDRED SIXTY-FOUR-E OF THE EXECUTIVE
 LAW IN PAYMENT OF ANY FINE, PENALTY,  SETTLEMENT,  OR  RELATED  INTEREST
 THEREOF ARE TO BE REMITTED TO THE GENERAL FUND. THIS PROVISION SHALL NOT
 BE  APPLICABLE  TO FEES IMPOSED BY ANY STATE GOVERNMENT ENTITY WHERE THE
 USE OF SUCH FUNDS HAS BEEN  SPECIFIED  BY  LAW  FOR  A  SPECIFIC  PUBLIC
 PURPOSE.
   §  4. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment, and/or repeal of any rule or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.