2009 annual report, select committee on budget and tax reform

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    SELECT COMMITTEE ON BUDGET AND TAX REFORMCHAIR: Senator Liz Krueger

    2009 Annual Report

    SENATE

    NEW

    YORKSTATE

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    SELECT COMMITTEE ON BUDGET AND TAX REFORM2009 Annual Report

    CHAIR: Senator Liz KruegerSenator Neil Breslin

    Senator Kenneth LaValle

    Senator Kevin Parker

    Senator Bill Perkins

    Senator Michael Ranzenhofer

    SENATE

    NEW

    YORKSTATE

    Select Committee Staff

    EXECUTIVE DIRECTOR: Michael Lefebvre

    PRINCIPAL ANALYST: Richard Mereday

    ADMINISTRATOR: James Schlett

    MARCH 2010

    Prepared by James Schlettwww.nysenate.gov/committee/budget-and-tax-reform

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    Contents

    I. Introduction 1

    II. Select Committee 2009 Highlights 4

    III. Public Hearing and Roundtable Summaries 5

    Personal Income Tax Reform 5

    Business Tax Reform 6Telecommunications Tax Reform 7

    Property Tax Exemption Reform 9

    Budget Rules Reform 11

    IV. 2010 Objectives 13

    V. Public Hearing and Roundtable Witness Lists 14

    Albany Public Hearing: Thursday, March 12, 2009 14

    Rochester Public Hearing: Thursday, April 30, 2009 15

    New York Public Hearing: Thursday, May 21, 2009 15

    Albany Roundtable: Wednesday, August 12, 2009 16

    Albany Roundtable: Tuesday, October 13, 2009 17

    New York Public Hearing: Thursday, December 17, 2009 18

    VI. Index of Select Committee print and online news coverage in 2009 19

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    1 INTRODUCTION

    Complex. Antiquated. Onerous. Tese are just a few words that describe New York Statestax law. In many cases, it is a law that contains language that has changed little or not at all

    over the years, even though the industries to which it applies have changed drastically. Withor without any changes, it hasnt gotten any easier to understand.

    Each year, the quandaries of the tax law contribute to problems in New Yorks budgetprocess. But that process has its own set of problems. Tey are, namely, its short-sightednessand lack of transparency.

    Over the past three decades, the Legislature has made numerous attempts to rectifythese faults inherent to New Yorks budget and tax laws. But for all their best intentions,these corrective measures were implemented in an uncoordinated or piecemeal fashion.And as they resolved one type of tax inequity, they oen created another.

    By the beginning of , it became evident that New York tax policy needed a thor-

    ough review. Te ad hoc changes to the states revenue system have created a tax structurethat is not linked to current policy goals. Te tax system is riddled with loopholes and taxexpenditures that need to be re-evaluated to determine whether they serve a public purpose.

    With the pressing need for such a review in mind, the New York State Senate on Feb. , adopted Senate Resolution No. , which established the bi-partisan Select Commit-tee on Budget and ax Reform. Under the resolution, the Select Committee is to consist ofsix members who are appointed by the emporary President of the Senate. wo of those ap-pointments come at the recommendation of the Minority leader of the Senate. Te empo-rary President of the Senate also appoints the chair of the Select Committee, which has thesame authority as standing committees established under Article of the Legislative Lawand Senate Rule VII.

    Senate emporary President Malcolm Smith appointed Senator Liz Kruegerchair-woman of the Select Committee. Senator Krueger, who represents District in Manhat-tan, was also appointed vice-chair of the Senate Finance Committee. Other members of theSelect Committee include:

    Senator Neil Breslin, who represents District in Albany. He is chairman of theSenate Insurance Committee;

    Senator Kenneth LaValle, who represents District in Selden. He is chairman of theSenate Minority Conference;

    Senator Kevin Parker, who represents District in Brooklyn;

    Senator Bill Perkins, who represents District in Harlem. He is chairman of theSenate Corporations, Authorities and Commissions Committee;

    Senator Michael Ranzenhofer, who represents District in Williamsville. He is aranking minority member of the Aging Committee.

    I. Introduction

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    2SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    o address inequities in the tax system and inefficiencies in the budget process, Chair-woman Krueger tasked the Select Committee with evaluating proposals to create morerational and responsive policies that will better enable the state to meet its fiscal needs inthe st century. At the same time, she directed it to explore ways to assure all New Yorkersthat the taxes they pay are equitable in relation to their neighbors.

    Te Select Committees approach to these charges in included collecting public

    feedback on various budget and tax reform proposals at public hearings and roundtablemeetings statewide. Te Select Committees staff indexed and evaluated past and presentproposals raised by the Executive and Legislative branches. Aer each meeting or seriesof meetings, the Select Committees staff issued an in-depth report detailing its findingsand conclusions based on testimony collected at the public hearings and roundtables. Tereports are then used to guide reform legislation.

    o carry out these tasks, the Select Committee employed:

    Michael Lefebvre, executive director;

    Richard Mereday, principal analyst;

    James Schlett, administrator.

    Tis annual report highlights the Select Committees activities throughout .

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    4SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    II. Select Committee

    2009 Highlights

    Te Select Committee held six public hearings statewide, including two in roundtableformat. Meetings were held in Albany (three), New York (two) and Rochester (one).

    At the public hearings and roundtables, the Select Committee explored reforms re-garding personal income taxes, business and banking taxes, telecommunications taxes,property tax exemptions and budget processes.

    Te Select Committee received oral and written testimony from a total of expertsfrom around the country ( oral and/or written; written only).

    Te Select Committee staff issued four reports. Te reports detail the staffs findingsand conclusions based on testimony collected at the public hearings and roundtables.

    In connection to the Select Committees personal income tax public hearing, Chair-woman Krueger introduced legislation (S.) proposing to establish a middle-classcircuit breaker tax credit that would be phased in over four years. Te bill would pro-vide tax relief to households with an adjusted gross income of less than ,annually, broadening the reach of the states existing circuit breaker program.

    In connection to the Select Committees business and banking tax public hearings, Chair-woman Krueger sponsored legislation (S./A.) that proposed to align New YorkCitys business and banking tax structures with those of the state. Both the Senate andAssembly in June passed this legislation, which the governor signed into law on July .

    Te Select Committee launched a Web site (nysenate.gov/committee/budget-and-tax-reform),on which it posts information about upcoming events, videos of public hearings, writtentestimony and transcripts gathered at those meetings and staff reports.

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    5 PUBLIC HEARING AND ROUNDTABLE SUMMARIES

    III. Public Hearing and

    Roundtable Summaries

    Personal Income Tax ReformExploring progressive changes to New York States personal income tax system.

    Public hearing:Albany, March , .Te issue: Te recession and its strangle hold on New York States traditional revenue sourcesexposed vulnerabilities and inequities in the states tax policy. New Yorks overdependence ontax revenues from Wall Street, coupled with the mounting financial pressures on middle-incomehouseholds, created in an imperative for lawmakers to reassess how and where the statepulls its revenues. Te Select Committee examined proposals for establishing a more progressivepersonal income tax (PI) system. Among the proposals the committee examined were Senator

    Eric Schneidermans proposal (S.) that would create new income tax brackets for New York-ers earning over , annually; thus eliminating the flat marginal tax rate of . percentfor households earning , and up. Te committee also examined Senator Jeff Kleinsproposed legislation (S.), which also establishes new higher income brackets while providingrelief to lower income taxpayers in the form of debit cards.

    Findings:

    o guard against any volatility to which a PI adjustment could expose New Yorksbudget, lawmakers could build large reserves or rainy day funds with excess revenues.

    New revenues from a PI adjustment could also go toward a new middle-income property tax

    circuit breaker program, which could replace the Middle Class SAR Rebate Check Program. At little cost, owing to current deflationary pressures, New York could index its tax

    brackets to inflation, much like the federal income tax system.

    A PI adjustment finds its greatest support when it is limited to addressing the sudden lossof revenue from a cyclical economic downturn, much like the - PI surcharges.

    S. would place the share of income taxes paid by the top percent above percentor percent, potentially further exposing New Yorks budget to the volatility of thefinancial services sector and financial markets. But volatility is less of a short-term con-cern because the income of the top percent has already fallen from its unsustainablelevels reached during the economys boom years.

    Te new tax brackets proposed in S. and S. would put New Yorks top rate in leaguewith Californias new top rate of . percent. Although opponents of both bills warned thelegislation would scare away businesses and result in the flight of wealthy residents, researchdone on similar PI adjustments in California and New Jersey suggests otherwise.

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    6SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    Conclusion:Te Select Committee staff recommended exploring what steps are necessaryto achieve the following:

    Creating a more robust rainy day fund to shield the state from PI volatility.

    Establishing PI brackets system that is indexed to inflation.

    Creating of a progressive PI circuit breaker credit that is based on both households

    income and need.

    Outcome:During the - budget negotiations, Chairwoman Krueger developedand presented an alternative PI model that was more progressive than the system includedin the enacted budget. She also introduced legislation (S.) proposing to establish amiddle-class circuit breaker tax credit that would be phased in over four years. Te billwould provide tax relief to households with an adjusted gross income of less than ,annually, broadening the reach of the states existing circuit breaker program.

    Business Tax Reform

    Evaluating the equitability of New York States business and banking tax structures and

    their effectiveness to foster economic growth statewide.

    Public hearings:Rochester, April ; Manhattan, May , .Te issue:For years, New York State has taken a shoot-from-the-hip approach towardeconomic development in regard to its use of tax benefits. Teir aim has been questionable;their results have been hit or miss. By , New York faced the dilemma of declining taxrevenues and a heightened need to spur job growth, making it all-the-more important forthe state to more strategically employ its tax benefits. Given this predicament, the SelectCommittee reviewed the New Yorks Corporate Franchise ax and Bank ax (Articles -A

    and of the ax Law, respectively), with an emphasis on the effectiveness of various taxbenefits and whether they create inequities in the states business environment. It also ex-plored ways to ensure these two parts of the ax Law better reflect the present-day makeupof the industries to which they apply. While the Rochester public hearing focused on taxeslevied on manufacturers and small business, the Manhattan public hearing examined moreclosely tax exemptions for the financial services sector.

    Findings:

    Unequal treatment under the Corporate Franchise ax begins at businesses inception,when entrepreneurs decide on the structure of their entity (e.g. S corporation vs. C cor-

    poration). Te inequities persist as companies determine the percentage of their taxablein-state activities through the recently-adopted single sales apportionment factor.

    Te cumulative impact of all of New Yorks taxes makes various tax incentives offered un-der the Corporate Franchise ax essential to ensuring in-state businesses competitiveness.But since New York became the first state to introduce an investment tax credit years

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    7 PUBLIC HEARING AND ROUNDTABLE SUMMARIES

    ago, its effectiveness has been diminished through restrictions put on credits usage andthe complexity associated with receiving them. Tis trend has continued in other Corpo-rate Franchise ax expenditures, most notably in the Empire Zones program.

    Over the past several years, the ri between the business and banking tax laws for NewYork State and New York City has widened, creating mounting administrative burdensfor, and inequities among, city companies. Te discrepancies between the two tax sys-tems worsened in , when the state closed four major big business tax loopholes andthe city did not conform to those changes.

    Conclusion:Te Select Committee staff recommended exploring what steps are necessaryto achieve the following:

    Incorporating other states business tax incentives that have successfully spurred jobcreation into whatever replaces the Empire Zones Program aer it expires in .

    Establishing a simplified and fully accountable application process through which smallbusiness can more easily apply for tax incentives.

    Outcome:Chairwoman Krueger sponsored legislation (S./A.) that proposed to alignNew York Citys business and banking tax structures with those of the state. Both the Senateand Assembly in June passed this legislation, which the governor signed into law on July .

    Te Select Committee issued a staff report on business taxes in August.

    Telecommunications Tax Reform

    Modernizing New York States telecommunication taxes.

    Roundtable:Albany, August , .Te Issue:echnological advances in the telecommunications industry continue to out-pace New York States attempts to tax service providers in an equitable way. New telecom-munication technologies continue to emerge and broaden their base at a rapid pace, andtraditional technologies are just as quickly reaching into new markets. Te states telecomtaxes, like the industry to which they apply, have evolved. But by the st century, thisevolution has created disparate tax treatments for everything from right-of-ways to regula-tory fees, resulting in inequities among providers that deliver similar services via differentmeans. Te Select Committee convened a roundtable meeting to explore ways to modernize

    the states telecom taxes. Te roundtable came less than two months before the New YorkDepartment of axation and Finance issued a report detailing the states various telecomtaxes. Te Select Committees report on inequities in the telecommunications system com-plimented this agencys report, which the Legislature ordered in the - budget.

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    8SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    Findings:

    Disparate treatments in New Yorks telecommunications tax system largely stem fromlawmakers endeavors to level the playing field by expanding the monopolistic-erapractices to unregulated utilities and newer technologies. Key inequities identified bystate and industry representatives included:

    Cable companies do not pay property taxes on network equipment on private prop-erty, while telecoms similarly-sited equipment is subject to taxation.

    raditional telecoms are exempt from paying property taxes on electronic attach-ments connected to cables in public rights-of-way, while cable companies are requiredto pay taxes on this similarly-sited equipment.

    Te New York State Office of Real Property Services requires cable companies to pro-vide less extensive data on their networks, compared to what is required of traditionaltelecoms.

    Purchases of equipment for cable television networks are subject to a sales tax whileequipment purchased for traditional telecom networks are not subject to the tax.

    Voice over Internet Protocol (VoIP) and wireless telephone service providers are notrequired to contribute to the argeted Accessibility Fund of New York (AF) whilelandline telephone companies are subject to that fee.

    E- fees are not collected on prepaid wireless phone cards while a . monthlystate surcharge is levied on customers postpaid wireless communications bills.

    raditional telecoms offering both video and voice services are required to pay thePublic Service Commission (PSC) the Section -A assessment for telephone-relatedregulation and the Section assessment fee for television-related regulation whilesome cable companies engaged in the same activates only pay the latter.

    Direct broadcast satellite providers do not pay the PSC the Section assessment feethat cable and telecom companies pay when they provide video services.

    Direct broadcast satellite providers are not required to pay the video franchise feesboth cable and traditional telephone companies pay to local governments when pro-viding multichannel video programming services in their communities.

    New Yorks telecommunications tax policy runs counter to the goals of the states eco-nomic development and regulatory policies. High tax rates, unequal tax treatments andheavy administrative burdens threaten investment in broadband networks, which arecrucial to attracting and maintaining businesses. By creating a tax structure that is moreonerous on regulated utilities, the state is inadvertently steering New Yorkers toward

    non-regulated utilities that are not subject to the consumer protection provisions in theelephone Fair Practice Act.

    elecommunications taxes and fees represent a vital component of local governmentsrevenuetotaling almost million in . But industry representatives warnedthis revenue is not sustainable due to trends steering consumers toward services and

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    9 PUBLIC HEARING AND ROUNDTABLE SUMMARIES

    providers that are not taxed. Any state attempts to simplify or equalize the telecommu-nications tax system would impact local governments significantly. Along with these lo-cal concerns, there are several federal telecommunications-related laws which lawmak-ers need to consider when looking to reform the tax system. Tey include Te CableAct of , Te elecommunications Act of , Te Federal Internet ax FreedomAct () and Te Federal Mobile elecommunications Sourcing Act ().

    Te telecommunications industry is largely in agreement that taxes should be based onthe type of servicenot the means through which it is delivered. Tere is also a consensusthat functionally-equivalent services should be taxed the same way. In recent years, severalstates have overhauled their telecommunications tax system, and roundtable participantssingled out Virginias reform as being the most comprehensive and equitable. Tecable industry came out in favor of reforms enacted by Virginia, Massachusetts, Ohio,North Carolina and ennessee, but satellite companies have challenged most of thesemeasures with lawsuits. wenty-three other states have opted to modernize their tele-communication taxes by adopting the definitions in the Streamlined Sales and Use axAgreement, a collaborative project of the National Governors Association and National

    Conference of State Legislatures intended to simplify states sales tax systems.

    Conclusion:Te Select Committee staff recommended exploring what steps are necessaryto achieve the following:

    Implementing a streamlined tax system that utilizes universally-accepted definitionsand ultimately reduces administrative burden.

    Developing a more standardized method for imposing real property taxes on traditionaltelecoms and cable television companies.

    Creating a uniform and competitively-neutral tax structure for multichannel video

    programming services.

    Outcome: Te Select Committee in began exploring legislation that would createa more streamlined telecommunications tax system and a more competitively-neutraltax structure for multichannel video programming services. Tis examination willcontinue this work in .

    Te Select Committee issued a staff report on telecommunications taxes in October.

    Property Tax Exemption ReformEvaluating the needs for and costs of New York State property tax exemptions.

    Roundtable:Albany, October , .Te Issue: Te rampant growth of property taxes throughout New York State over the pastquarter century has fueled an ever-growing demand for relief in the form of exemptions.

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    10SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    But higher taxes call for more relief, which results in higher taxes. Te fiscal impacts ofthis vicious cycle prompted the Select Committee to re-evaluate the various real propertytax exemptions New York provides to nonprofit organizations, educational organizationsand other institutions. It also reviewed the -year history of proposals and recommenda-tions raised by multiple Legislature committees and Executive commissions and agencies tointroduce more parity and local government control into the exemption system. Between

    and , the equalized exempt value of property statewide jumped percent from billion to billion. Tat meant there was a significant chunk of additional prop-erty value that local governments could not tax to fund municipal operations and schools;thus making non-exempt taxpayers shoulder a heavier tax burden.

    Findings:

    Over the past decade, the Legislature has created or expanded several property tax ex-emptions. Tese unfunded mandates ranged from exemptions for volunteer firefightersand ambulance workers to first-time homeowners to agricultural structures. With manyof these exemptions, local governments either requested or opted into them.

    New Yorks process for providing local governments with compensation for state landswithin their borders has become more irregular because of the Legislatures actions overthe past decade. Te decision to make all state land used for public use in Put-nam County subject to taxation exacerbated the patchwork of state land compensationmethods, which include various tax-based programs, payment in lieu of taxes (PILO)programs and hybrid programs. State agencies and commissions over the past threedecades have made multiple recommendations to establish a uniform PILO programfor all state land, but those proposals have gone nowhere. Most other new state financialaid measures for exempt property have been limited to communities with heavy rail-road ceilings, agricultural assessments and forestry exemptions.

    Despite the public outcry over high property taxes, the Legislature has not lost its appetitefor property tax exemptions. In , at least a dozen bills were introduced in the Senateproposing to create new exemptions or broaden existing ones. Just as many one-house billswere introduced in the Assembly. Te legislation largely focuses on residential and agricul-tural exemptions. As with many of the exemptions enacted over the past decade, some ofthe legislative proposals originated with local requests or feature local options.

    Over the past decade, the Legislature has largely focused its reform efforts on curtail-ing the growth of exemptions claimed by religious, educational and moral and mentalhealth nonprofit organizations. Despite this focus, the ranks of these groups havegrown throughout the state. For example, the number of educational nonprofit orga-

    nizations last year totaled ,, marking a . percent increase from and a .percent jump from . Nonprofit exemptions for the benefit of the moral and mentalhealth of men, women and children totaled , last year, up . percent from and . percent from . Senators have argued some of this growth is being drivenby nonprofit entities that cater to their members special interests. But the ranks ofnonprofit entities have swelled significantly as they moved to fill the social services void

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    11 TRANSPARENCY

    le by the state, particularly through the deinstitutionalization of psychiatric centers inthe s. Te state Constitution guarantees exemptions for religious, educational andcharitable organizations, but it is within the Legislatures authority to establish defini-tions for those categories.

    Not wanting to cross the line separating church and state, the Legislature and courtshave largely declined to place limitations on property tax exemptions claimed by reli-

    gious organizations. Such apprehensions have derailed attempts to contain nonprofitexemption growth by establishing stricter definitions for eligible nonprofits and landuse requirements. However, outside the realm of religion, the Legislature is in a bet-ter position to differentiate and draw lines between taxable and tax-exempt propertyowned by nonprofit organizationseven under existing statute.

    Conclusion:Te Select Committee staff recommended exploring what steps are necessaryto achieve the following:

    Stemming the proliferation of exemptions by requiring legislators to include moredetailed fiscal notes in property tax exemption bills. Te notes should detail possible

    funding sources for the unfunded mandates and local government fiscal impacts.ORPS should provide assistance in determining these financial projections.

    Granting local governments more authority in accepting and administering propertytax exemption applications and in determining what parts of unused and vacant prop-erty can be tax-exempt.

    Limiting the states exposure to volatile local property tax rates and establishing moreequitable and uniform PILO compensation mechanism for state-owned lands.

    Outcome:Te Select Committee in late continued to refine Chairwoman Kruegerscircuit breaker legislation, which she will continue to push for in . As detailed in the

    property tax exemption report, at least two major studies on property tax reform and taxexemptions conducted over the past decade have strongly recommended the creation of abroader personal income circuit breaker program.

    Te Select Committee issued a staff report on the property tax exemptions in December.

    Budget Rules Reform

    Improving transparency, forecasting and flexibility in New York States budgetary process.

    Public Hearing:Manhattan, Dec. , .Te Issue:By December , New York again found itself in the midst of a fiscal crisis re-quiring the passage of another deficit reduction plan. While the economic downturn drovemany of the states budgetary problems, they were agitated severely by inadequate planningprocedures that impede transparency, forecasting and flexibility. In , the Legisla-ture and former Governor Eliot Spitzer passed a series of budget reforms, which required

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    12SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    everything from the creation of joint conference committees to the itemization of memberitems in resolutions. But many of these new rules have not been implemented as initiallyintended, or at all. Recognizing that more changes are necessary to establish a more stablefiscal environment throughout New York, the Select Committee convened a roundtable toimprove transparency, forecasting and flexibility in the budget process.

    Findings: Te Select Committee staff report on the budget reform public hearing wasreleased in early .

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    13 2010 OBJECTIVES

    IV. 2010 Objectives

    Generally Accepted Accounting Principles

    In , the Select Committee focused much of its attention on gathering public feed-

    back on an array of reform issues, including personal incomes taxes, businesses taxes, telecom-munications taxes, property taxes and budget processes. Te Select Committee in willcontinue to monitor these issues and examine ways to improve them, with particular atten-tion being placed on ongoing initiatives to align the states business and banking taxes and tofurther establishing tax parity with New York City.

    Looking forward, the Select Committees objectives for include:

    Resolving, through legislation or budget initiatives, the budget and tax policy problemsraised during previous public hearings. Tese actions might include proposals for:

    A comprehensive property tax bill that features targeted property tax relief based onincome and need (i.e. circuit breaker). It should also include aspects of local govern-

    ment consolidation measures and property tax exemption reforms.

    A tax structure that treats telecommunication companies more equitably by basing taxa-tion on the services they provided instead of the means through which they are delivered.

    A budget process that encourages long-term planning and public participationthrough the adoption of a two-year budget cycle, the creation of a legislative budgetoffice, the adoption of a budget based on Generally Accepted Accounting Principlesand a later start for the fiscal year.

    A revenue-neutral and progressive personal income tax system that is indexed to inflationand features smaller and more numerous income brackets, similar to the federal system.

    New issues that the Select Committee expects to explore in with statewide publichearings include a systematic overhaul of the property tax system, an Empire Zone re-placement program, sales tax parity among services and a review of energy tax exemptions.

    o further the dialog and public understanding of the complex budget and tax issues theSelect Committee examines, it will continue issuing staff reports aer public hearings androundtable meetings. Select Committee updates and reports will continue to be regularlyposted on its Web site.

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    14SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    V. Public Hearing and

    Roundtable Witness Lists

    I. ALBANY PUBLIC HEARINGExploring progressive changes to New York States personal income tax system

    Tursday, March

    Oral and/or Written estimony Given By

    Donald Boyd

    Senior FellowNelson A. Rockefeller Institute of Government

    Ken PokalskySenior Director of Government AffairsBusiness Council of New York State

    Frank Mauro

    Executive DirectorFiscal Policy Institute

    E.J. McMahon

    Executive DirectorEmpire Center for New York State Policy

    Jessica Wisneski/Bob Cohen

    Legislative Director/Policy DirectorCitizen Action of New York

    Elizabeth Lynam

    Deputy Research DirectorCitizens Budget Commission

    Ron DeutschExecutive DirectorNew Yorkers for Fiscal Fairness

    Jason Angell

    DirectorCenter for Working Families

    Marina Marcou-OMaileyPolicy AnalystAlliance for Quality Education

    Written estimony Only Submitted By

    Daniel Hahn

    DirectorLutheran Statewide Advocacy

    Fran urner

    Director of the Legislative andPolitical Action DepartmentCivil Service Employees Association of New York

    Richard Gilbert

    Regional Vice PresidentInterfaith Impact of New York State

    Bruian McDonnell

    Legislative DirectorAmerican Federation of State County andMunicipal Employees

    Dan Jacoby

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    15 PUBLIC HEARING AND ROUNDTABLE WITNESS LISTS

    II. ROCHESTER PUBLIC HEARING

    Weighing the fairness of the corporate anchise tax and the effectiveness of its tax expenditures

    Tursday, April ,

    Oral and/or Written estimony Given By

    Judy Seil

    Executive DirectorMonroe County Industrial Development Agency

    Christopher Koetzle

    Vice President of Membership ServicesSupport Services Alliance

    Randy WolkenPresidentManufacturing Association of Central New York

    Ken Pokalsky

    Senior Director of Government AffairsBusiness Council of New York State

    Chris Wiest

    Vice President of Public Policy and AdvocacyRochester Business Alliance

    Brian SampsonExecutive DirectorUnshackle Upstate

    Written estimony Only Submitted By

    Jon Greenbaum

    Lead OrganizerMetro Justice of Rochester

    III. NEW YORK PUBLIC HEARING

    Evaluating the equitability of New York States business and banking tax structures and

    their effectiveness to foster economic growth statewide

    Tursday, May ,

    Oral and/or Written estimony Given By

    Matthew Gardner

    Executive DirectorInstitute on Taxation and Economic Policy

    Michael Smith

    PresidentNew York Bankers Association

    James Parrott

    Chief EconomistFiscal Policy Institute

    Patrick Fleenor

    Chief Economiste Tax Foundation

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    16SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    Nathan Newman

    Policy Directore Progressive States Network, Tax Section

    Brian Model

    DirectorStonehenge Capital Co.

    Nancy Donahoe Lancia

    Managing Director of State Government AffairsSecurities Industry and Financial MarketsAssociation

    Peter Faber

    Chairmane Partnership for New York City, TaxCommittee

    Angela MieleVice President of ax PolicyMotion Picture Association of America

    Tomas Riley

    ChairmanNew York State Society of Certified Public

    Accountants, Legislative Task Force

    Written estimony Only Submitted By

    Jon Huddleston

    Executive DirectorMultistate ax Commissione Clearing House Association

    IV. ALBANY ROUNDTABLE

    Roundtable on Modernizing New York States Telecommunications Taxes

    Wednesday, August ,

    Oral and/or Written estimony Given By

    Stephen Kranz

    PartnerSutherland Asbill & Brennan LLP

    Jeremy Kudon

    Senior AssociateOrrick & Herrington LLP

    (for DirectTV/Dish Network)

    Scott Mackey

    PartnerKimbell Sherman Ellis LLP(for Verizon/Verizon/Wireless/AT&T/Sprint/T-Mobile)

    Victor Mallison

    Executive Deputy DirectorNew York State Office of Real Property Services

    Louis Manuta

    Senior AttorneyPublic Utility Law Project of New York

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    Scott Olson

    MemberCooper Erving and Savage LLP(for the New York State Wireless Association)

    Robert Puckett

    PresidentNew York State Telecommunications Association

    Eric resh

    PartnersSutherland Asbill & Brennan LLP(for the Cable TelecommunicationsAssociation of New York)

    V. ALBANY ROUNDTABLE

    Evaluating the needs for and costs of New York State property tax exemptions

    uesday, October ,

    Oral and/or Written estimony Given By

    Kyle McCauley

    Director of Government RelationsNew York State Catholic Conference

    H. William Batt

    Executive DirectorCentral Research Group

    Gene DeSantis

    Partner

    Malkin & Ross (for New York State CampDirectors Association)

    Carol LaGrasse

    Presidente Property Rights Foundation of America

    Brian Houseal

    Executive Directore Adirondack Council

    Gerald Jennings

    MayorCity of Albany

    Michael Kenneally

    Associate Counsele Association of Towns of the State of New York

    David Little

    Director of Government RelationsNew York State School Boards Association

    Victor Mallison/Jim Dunne/ Jim OKeefe

    Deputy Executive Director/Director of

    Research/CounselNew York State Office of Real Property Services

    Frank Mauro

    Executive DirectorFiscal Policy Institute

    Patricia Salkin

    Director of Government Law CenterAlbany Law School

    Bill McCarthy

    YMCAs of New York State

    Barbara VanEpps

    Deputy DirectorNew York State Conference of Mayors

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    18SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    Sue Ellen Wagner

    Executive Director/Vice PresidentHealthcare Trustees of New York State/Com-munity Health for the Healthcare Associationof New York State

    Lawrence Witul

    Assistant DirectorNiagara County Industrial DevelopmentAuthority

    Michael West

    Legal AdvisorNew York Council of Nonprofits

    Written estimony Only Submitted By

    Jonathan Small

    Government Relations ConsultantNonprofit Coordinating Committee of New York

    VI. NEW YORK PUBLIC HEARING

    Improving transparency, forecasting and flexibility in New York States budget process

    Tursday, December ,

    Oral and/or Written estimony Given By

    E.J. McMahon

    DirectorEmpire Center for New York State Policy

    George SweetingDeputy DirectorIndependent Budget Office of New York City

    Ron Deutsch

    Executive DirectorNew Yorkers for Fiscal Fairness

    Carol OCleireacain

    Senior Fellow

    Brookings Institution

    Elizabeth Lyman

    Deputy Research DirectorCitizens Budget Commission

    Dick Dadey/Rachel FaussExecutive Director/Policy and ResearchAssociateCitizens Union of the City of New York

    Sally Robinson

    Issues and Advocacy Vice PresidentLeague of Women Voters of New York State

    Written estimony Only Received From

    Blair Horner

    Legislative DirectorNew York Public Interest Group

    Stephen Acquario

    Executive DirectorNew York State Association of Counties

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    19 INDEX OF SELECT COMMITTEE PRINT AND ONLINE NEWS COVERAGE IN 2009

    VI. Index of Select Committee print

    and online news coverage in 2009

    New York State Senate to hold public hearing on progressive taxatione Albany Project (Albany, blog)March , http://www.thealbanyproject.com/diary//

    A more progressive income tax in our state

    e Jefferson Democrat(blog)http://www.jeffersondemocrat.org///more-progressive-income-tax-in-our.html

    A thousand opinions on effect and future of millionaires tax

    e Capitol(Online news publication)March , http://www.nycapitolnews.com/news//ARICLE//--.html

    Business Council opposes personal income tax hike in budget testimony

    Business Council Capital Business Blog(Albany, blog)March , http://capitalbusinessblog.bcnys.org/index.php///business-council-opposes-person-al-income-tax-hike-in-budget-testimony/

    Schlett hired by Albany panel

    Watertown Daily TimesMarch ,

    BCNYS to testify at Senate hearing on corporate tax reform

    Business Council Capital Business Blog(Albany, blog)April , http://capitalbusinessblog.bcnys.org/index.php///bcnys-to-testify-at-senate-hearing-on-corporate-tax-reform/

    NYSSCPA Past President estifies for ax Reform

    CPA.Blog(Web site of the New York State Society of CPAs, New York)May , http://www.nysscpa.org/blog////nysscpa-past-president-testifies-tax-reform

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    20SELECT COMMITTEE ON BUDGET AND TAX REFORM 2009 ANNUAL REPORT

    Bloomberg, Quinn Seek Billions in Breaks for Business

    e Village Voice New York State News Blog(New York)June , http://blogs.villagevoice.com/runninscared/archives///bloomberg_quinn.php

    ax Inequities Boost N.Y. Phone Costs

    Bloomberg.comSeptember , http://www.bloomberg.com/apps/news?pid=&sid=ayIGujmbM

    Jennings will join Senate in roundtable on prop tax exemptions

    e Times Union Capital Confidential (Albany, blog)October , http://blog.timesunion.com/capitol/archives//jennings-will-join-senate-in-roundtable-on-prop-tax-exemptions/

    Senate committee to discuss tax exemptionsWRGB CBS (Schenectady)October , http://www.cbsalbany.com/news/tax--exemptions-senate.html

    Lawmakers question property-tax exemptions

    e Ithaca JournalOctober ,

    Property tax exemptions questioned by lawmakers

    Press & Sun-Bulletin(Binghamton)

    October ,

    Your Property ax Burden Te Why.

    Albany Citizen One(blog)October , http://albanycitizenone.blogspot.com///your-property-tax-burdenthe-why.html

    rading Ideas on State Deficit

    e Times-Union(Albany)October ,

    http://www.timesunion.com/AspStories/story.asp?storyID=

    State property tax exemptions scrutinized

    Rochester Democrat and ChronicleOctober ,

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    21 INDEX OF SELECT COMMITTEE PRINT AND ONLINE NEWS COVERAGE IN 2009

    Property-tax exemptions questioned by lawmakers

    e Journal News (Westchester County)October ,

    NY property tax exemptions draw scrutiny

    Star Gazette (Elmira)

    October ,

    estimony to Senate roundtable provides multiple perspectives

    Property Tax Monitor (New York State Office of Real Property axes newsletter, Albany)November http://www.orps.state.ny.us/monitor/nov/nov.pdf

    No easy fix to tax-exemption problem

    e Legislative Gazette(Albany)November ,

    http://www.legislativegazette.com/Articles-c----._No_easy_fix_to_taxexemption_problem.html

    Elmira tax rate up . in proposed budget

    Star-Gazette (Elmira)November , http://pqasb.pqarchiver.com/stargazette/access/.html?FM=ABS

    Report: Rein in property tax exemptions

    Press & Sun-Bulletin(Binghamton)December ,

    http://www.pressconnects.com/apps/pbcs.dll/article?AID=

    Report: Rein in property tax exemptions

    e Ithaca JournalDecember , http://pqasb.pqarchiver.com/ithacajournal/access/.html?FM=ABS

    Senate report: Exemptions, tax cap at odds

    Poughkeepsie JournalDecember ,

    http://pqasb.pqarchiver.com/poughkeepsiejournal/access/.html?FM=ABS

    Property tax fix pondered in N.Y. Senate

    Rochester Democrat and ChronicleDecember , http://pqasb.pqarchiver.com/democratandchronicle/access/.html?FM=ABS

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    ABOVE:(Right to le) Senators Bill Perkins,Liz Krueger and Kevin Parker at the SelectCommittee on Budget and ax Reforms

    public hearing on improving New YorkStates budget process on December , in Manhattan.

    COVER:Senator Liz Krueger speaks toexperts at the Select Committee on Budgetand ax Reforms roundtable meeting onmodernizing New York States telecom-munications taxes on October , inAlbany.

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    SENATE

    NEW

    YORKSTATE NEW YORK

    STATE SENATENYSENATE.GOV