83-J - Legislative commission on the modernization and simplification of tax administration and the tax law.

* § 83-j. Legislative    commission    on    the   modernization   and  simplification of tax administration and the tax law. 1. The legislature  hereby finds and declares that the economic and social well-being of the  people of the state is clearly related to the tax policies of the  state  government  and  the manner in which such policies are administered. The  legislature further finds that no comprehensive review of the provisions  of the tax law has been undertaken since the Mastick Commission and that  since the time  of  that  commission's  last  report,  many  significant  changes  have  been  made in the tax law, frequently in an uncoordinated  manner, with results that  are,  in  many  instances,  contrary  to  the  principles  of simplicity, ease of administration, fairness, and equity.  Moreover, actions which have  been  taken  by  the  federal  government,  significant  court  decisions, and changes in the nature of the American  economy have had an impact on the operation and impact of the state  tax  system.    2. A legislative commission on the modernization and simplification of  tax  administration and the tax law is hereby established: (a) to review  the tax law and the way in which it is  administered  to  determine  the  effectiveness  of  such law and administration in achieving state policy  goals,  while  achieving  the  traditional  objectives  of   simplicity,  fairness,   ease   of   administration  and  equity;  and  (b)  to  make  recommendations to the legislature for such  actions  as  it  determines  necessary to the achievement of those goals and objectives.    3.  The  commission  shall  consist  of ten members to be appointed as  follows: three members of the senate shall be appointed by the temporary  president of  the  senate;  three  members  of  the  assembly  shall  be  appointed  by  the  speaker  of  the assembly; two members of the senate  shall be appointed by the minority leader of the senate; and two members  of the assembly shall  be  appointed  by  the  minority  leader  of  the  assembly.  From  among  the  members so appointed, a chairman and a vice  chairman shall be designated  by  the  joint  action  of  the  temporary  president  of  the  senate  and the speaker of the assembly. Any vacancy  that  occurs  in  the  commission  or  in  the  chairmanship   or   vice  chairmanship  shall  be  filled in the same manner in which the original  appointment or designation was made. No member, officer, or employee  of  the  commission  shall  be  disqualified  from  holding any other public  office or employment, nor shall he forfeit any such office or employment  by reason of his appointment hereunder, notwithstanding  the  provisions  of any general, special, or local law, ordinance, or city charter.    4.  The commission may employ and at pleasure remove such personnel as  it may deem necessary for the performance of the commission's  functions  and  fix their compensation within the amount appropriated therefor. The  commission may hold public and private hearings and otherwise  have  all  of the powers of a legislative committee under this chapter. The members  of  the  commission shall receive no compensation for their services but  shall be allowed their actual and necessary  expenses  incurred  in  the  performance of their duties hereunder.    5.  Employees of the commission shall be considered to be employees of  the legislature for all purposes.    6. The commission may  request  and  shall  receive  from  any  court,  department,  division,  board,  or  bureau, commission, or agency of the  state such assistance and data as will enable the commission properly to  carry out its powers and duties hereunder.    7. The commission is hereby authorized and empowered to make and  sign  any  agreements,  and  to do and perform any acts that may be necessary,  desirable or proper to carry out the  purpose  and  objectives  of  this  section.    * NB Repealed June 30, 2011