New York A 5215: Requires state agencies to submit annual reports to the financial committees of the legislature

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A05215 Summary:

BILL NOA05215 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORNovakhov

&nbsp

COSPNSRBrook-Krasny, Chang

&nbsp

MLTSPNSR

&nbsp

Add §164-e, Exec L; amd §4, St Fin L

&nbsp

Requires state agencies to submit annual reports to the financial committees of the legislature accounting for all fines, fees and surcharges, the purpose of such fine, fee or surcharge, and where such fines, fees, interest and surcharges were deposited; directs unassigned fees to be deposited into the general fund.

Go to top A05215 Actions:

BILL NOA05215 

&nbsp

02/12/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA05215 Committee&nbspVotes:

Go to topA05215 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05215 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5215

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 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:

 1 Section 1. Legislative intent. Imposing fines and penalties is occa-
 2 sionally necessary to deter, discourage, and, if need be, penalize
 3 actions dangerous or harmful to the citizenry or otherwise contrary to
 4 public good. However, there is an inherent conflict of interest when
 5 agencies intentionally impose monetary penalties, fees and fines for the
 6 sole purpose of supplementing their budgets. This is a separate issue
 7 from the various fixed fees imposed by state entities pursuant to stat-
 8 ute, especially as these are often earmarked to support related public
 9 projects. In addition, for example, there are well thought out fee
 10 assessments that support wildlife conservation and management. In addi-
 11 tion, under our state constitution, it is an authority granted to the
 12 legislature, in partnership with the governor and the division of the
 13 budget, to determine the proper appropriation level for each government
 14 body. A bureaucracy's inherent risk arises from the temptation it may
 15 have to raise money for its own operations by imposing extra, potential-
 16 ly unjustified fees on individuals and companies. Therefore, it is
 17 incumbent upon the legislature to review such impositions and determine
 18 if the assessments against New Yorkers are justified.
 19 § 2. The executive law is amended by adding a new section 164-e to
 20 read as follows:
 21 § 164-e. Financial reports to the legislature. 1. For the purposes of
 22 this section, "state agency" means any state department, board, bureau,
 23 division, commission, committee, public authority, public benefit corpo-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08977-01-5

 A. 5215 2

 1 ration, council, office, or other governmental entity performing a
 2 governmental or proprietary function for the state.
 3 2. The head of each state agency shall, on an annual basis, submit a
 4 report to the chair and ranking minority member of the senate finance
 5 committee, and the chair and ranking minority member of the assembly
 6 ways and means committee that shall include the following:
 7 (a) an accounting of all fines, fees, interest and surcharges that
 8 were assessed by such state agency in the prior year;
 9 (b) the purpose for each fine, fee or surcharge assessed by such state
 10 agency; and
 11 (c) where such fines, fees and surcharges assessed in the prior year
 12 were deposited.
 13 3. The chair of the senate finance committee and the chair of the
 14 assembly ways and means committee shall cause such reports to be
 15 uploaded to the senate and assembly websites and made available and
 16 accessible to the public.
 17 § 3. Section 4 of the state finance law is amended by adding a new
 18 subdivision 14 to read as follows:
 19 14. Notwithstanding the provisions of any other section of law to the
 20 contrary, all funds received by a