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


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  • 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, 2010