Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 05, 2010 |
print number 5820a |
Mar 05, 2010 |
amend and recommit to investigations and government operations |
Jan 06, 2010 |
referred to investigations and government operations |
Jun 08, 2009 |
referred to rules |
Senate Bill S5820
2009-2010 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D, WF) Senate District
2009-S5820 - Details
- See Assembly Version of this Bill:
- A8052
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Tax Law
- Laws Affected:
- Amd §§470, 471-b & 471-c, Tax L; amd §1, Chap 235 of 1952
2009-S5820 - Sponsor Memo
BILL NUMBER: S5820 TITLE OF BILL : An act to amend the tax law and chapter 235 of the laws of 1952, re-entitled by chapter 369 of the laws of 1959 "An act to enable any city of the state having a population of one million or more to adopt, and amend local laws, imposing certain specified types of taxes on cigarettes, cigars and smoking tobacco which the legislature has or would have power and authority to impose, to provide for the review of such taxes, and to limit the application of such local laws", in relation to little cigars SUMMARY OR SPECIFIC PROVISIONS : This bill defines little cigars to include any cigar product, other than a cigar product wrapped in natural leaf tobacco wrapper that weighs not more than three pounds per thousand. Such little cigars are practically indistinguishable from cigarettes and are often consumed as less expensive cigarette alternatives. It makes sense to level the playing field by taxing little cigars and cigarettes at the same state excise tax rates. New York State currently imposes a $2.75 state excise tax per pack of cigarettes. The state excise tax on little cigars is 46% of the wholesale price. Given the current wholesale prices for little cigars,
2009-S5820 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5820 2009-2010 Regular Sessions I N S E N A T E June 8, 2009 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the tax law and chapter 235 of the laws of 1952, re-en- titled by chapter 369 of the laws of 1959 "An act to enable any city of the state having a population of one million or more to adopt, and amend local laws, imposing certain specified types of taxes on ciga- rettes, cigars and smoking tobacco which the legislature has or would have power and authority to impose, to provide for the review of such taxes, and to limit the application of such local laws", in relation to little cigars THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 470 of the tax law, as amended by section 1 of part MM-1 of chapter 57 of the laws of 2008, is amended to read as follows: 1. "Cigarette." (a) Any roll for smoking made wholly or in part of tobacco or of any other substance wrapped in paper or in any other substance not containing tobacco, and (b) any roll for smoking made wholly or in part of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph (a) of this subdivi- sion. [However, a roll will not be considered to be a cigarette for purposes of paragraph (b) of this subdivision if it is not treated as a cigarette for federal excise tax purposes under the applicable federal statute in effect on April first, two thousand eight.] S 2. Subdivision 2 of section 470 of the tax law, as amended by section 1 of part MM-1 of chapter 57 of the laws of 2008, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11691-02-9 S. 5820 2
co-Sponsors
(D, WF) Senate District
2009-S5820A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8052
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Tax Law
- Laws Affected:
- Amd §§470, 471-b & 471-c, Tax L; amd §1, Chap 235 of 1952
2009-S5820A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5820A TITLE OF BILL : An act to amend the tax law and chapter 235 of the laws of 1952, re-entitled by chapter 369 of the laws of 1959 "An act to enable any city of the state having a population of one million or more to adopt, and amend local laws, imposing certain specified types of taxes on cigarettes, cigars and smoking tobacco which the legislature has or would have power and authority to impose, to provide for the review of such taxes, and to limit the application of such local laws", in relation to little cigars SUMMARY OR SPECIFIC PROVISIONS : This bill defines little cigars to include any cigar product, other than a cigar product wrapped in natural leaf tobacco wrapper that weighs not more than four pounds per thousand. Such little cigars are practically indistinguishable from cigarettes and are often consumed as less expensive cigarette alternatives. It makes sense to level the playing field by taxing little cigars and cigarettes at the same state excise tax rates. New York State currently imposes a $2.75 state excise tax per pack of cigarettes. The state excise tax on little cigars is 46% of the wholesale price. Given the current wholesale prices for little cigars, imposing a $2.75 excise tax on little cigars would substantially increase the state's tax receipts per package and thus create greater revenue for the state.
2009-S5820A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5820--A 2009-2010 Regular Sessions I N S E N A T E June 8, 2009 ___________ Introduced by Sens. KRUEGER, OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Investigations and Government Oper- ations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law and chapter 235 of the laws of 1952, re-en- titled by chapter 369 of the laws of 1959 "An act to enable any city of the state having a population of one million or more to adopt, and amend local laws, imposing certain specified types of taxes on ciga- rettes, cigars and smoking tobacco which the legislature has or would have power and authority to impose, to provide for the review of such taxes, and to limit the application of such local laws", in relation to little cigars THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 470 of the tax law, as amended by section 1 of part MM-1 of chapter 57 of the laws of 2008, is amended to read as follows: 1. "Cigarette." (a) Any roll for smoking made wholly or in part of tobacco or of any other substance wrapped in paper or in any other substance not containing tobacco, and (b) any roll for smoking made wholly or in part of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph (a) of this subdivi- sion. [However, a roll will not be considered to be a cigarette for purposes of paragraph (b) of this subdivision if it is not treated as a cigarette for federal excise tax purposes under the applicable federal statute in effect on April first, two thousand eight.] EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11691-13-0
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