NY State Senate Bill 2009-S7213

Senate Bill S7213

2009-2010 Legislative Session

Requires the deposit, into the dedicated highway and bridge trust fund, of a portion of the sales tax collected on each gallon of motor fuel sold at retail

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 23, 2010	referred to investigations and government operations

2009-S7213 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §1148, Tax L; amd §89-b, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2467
2013-2014: S1350

2009-S7213 (ACTIVE) - Summary

Requires the deposit, into the dedicated highway and bridge trust fund, of a portion of the sales tax collected on each gallon of motor fuel sold at retail.

2009-S7213 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7213

 TITLE OF BILL :
An act to amend the tax law and the state finance law, in relation to
providing for the deposit into the dedicated highway and bridge trust
fund of a portion of the sales tax revenue from the sale of motor fuel


 PURPOSE :
The purpose of this bill is to dedicate a portion of funds brought in
through sales tax revenue on gasoline and place them in the dedicated
highway and bridge trust fund.

 SUMMARY OF PROVISIONS :
Section 1. Amends Section 1148 of the tax law, to read that one cent
of the taxes collected or received by the commissioner under Section
1148 for the retail sale of each gallon of motor fuel shall be
deposited in the dedicated highway and bridge trust fund in 2011.

Section 2. Section 5. Allows for an increase in the amount of
dedication to the highway and bridge trust fund at a rate of
$0.01/year for the years 2012-2015 as set by the effective dates in
Section 7.

Section 6. This section allows for sales tax revenue from gasoline to
be directed to the highway and bridge trust fund.

Section 7. Sets the effective date for the act as April 1, 2011,
provided that §2 of the act takes effect on April 1, 2012, §3 of the
act takes effect on April 1, 2013, §4 of the act takes effect on April
1, 2014, § 5 of the act takes effect on April 1, 2015.

 JUSTIFICATION :
In 2007, the New York State Department of Transportation released a 20
year transportation capital needs analysis. The report showed a
transportation system in decline. In October 2009, the New York State
Department of transportation proposed a $25.8 billion five year
capital plan that would merely hold conditions steady. Based on
available money, research estimates a funding gap of $8 billion over
the 5 years.

There is currently a sales tax on motor fuels that generates $947
million annually, none of which is dedicated to transportation. The
dedication of $0.01/gallon, increasing $0.01/year for 5 years, would
create $65.8 million for highway and bridge use in 2011 and would
dedicate a total of $987 million for highway and bridge use by the end
of 2015 (based on a usage of 6,579.5 million gallons/year).  Every
year thereafter, based on the same usage, there would be an expected
dedication of $329 million/year.

This bill does not increase sales tax on gasoline.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on April 1, 2011, with provisions.

2009-S7213 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7213

                            I N  S E N A T E

                             March 23, 2010
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law and the state finance law,  in  relation  to
  providing  for the deposit into the dedicated highway and bridge trust
  fund of a portion of the sales tax revenue from the sale of motor fuel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1148 of the tax law, as amended by chapter 3 of the
laws of 2004, is amended to read as follows:
  S 1148. Deposit and disposition of revenue. [All] (A) EXCEPT AS OTHER-
WISE  PROVIDED  IN  SUBDIVISION (B) OF THIS SECTION, ALL taxes, interest
and penalties collected or received by the commissioner under this arti-
cle shall be deposited and disposed of pursuant  to  the  provisions  of
section one hundred seventy-one-a of this chapter; provided however, the
comptroller  shall  on  or before the twelfth day of each month, pay all
such taxes, interest and penalties  collected  under  this  article  and
remaining  to  the comptroller's credit in such banks, banking houses or
trust companies at the close of business on the last day of the  preced-
ing month, into the general fund of the state treasury, except as other-
wise  provided  in  sections  ninety-two-d and ninety-two-r of the state
finance law and sections eleven hundred two,  eleven  hundred  four  and
eleven hundred nine of this article.
  (B)  ONE  CENT  OF THE TAXES COLLECTED OR RECEIVED BY THE COMMISSIONER
UNDER THIS ARTICLE FOR THE RETAIL SALE OF  EACH  GALLON  OF  MOTOR  FUEL
SHALL  BE  DEPOSITED  IN  THE  DEDICATED  HIGHWAY AND BRIDGE TRUST FUND,
ESTABLISHED BY SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 2. Subdivision (b) of section 1148 of  the  tax  law,  as  added  by
section one of this act, is amended to read as follows:
  (b)  [One  cent]  TWO  CENTS of the taxes collected or received by the
commissioner under this article for the retail sale of  each  gallon  of
motor  fuel shall be deposited in the dedicated highway and bridge trust
fund, established by section eighty-nine-b of the state finance law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16380-01-0

S. 7213                             2

  S 3. Subdivision (b) of section 1148 of the tax  law,  as  amended  by
section two of this act, is amended to read as follows:
  (b)  [Two]  THREE  cents  of  the  taxes  collected or received by the
commissioner under this article for the retail sale of  each  gallon  of
motor  fuel shall be deposited in the dedicated highway and bridge trust
fund, established by section eighty-nine-b of the state finance law.
  S 4. Subdivision (b) of section 1148 of the tax  law,  as  amended  by
section three of this act, is amended to read as follows:
  (b)  [Three]  FOUR  cents  of  the  taxes collected or received by the
commissioner under this article for the retail sale of  each  gallon  of
motor  fuel shall be deposited in the dedicated highway and bridge trust
fund, established by section eighty-nine-b of the state finance law.
  S 5. Subdivision (b) of section 1148 of the tax  law,  as  amended  by
section four of this act, is amended to read as follows:
  (b)  [Four]  FIVE  cents  of  the  taxes  collected or received by the
commissioner under this article for the retail sale of  each  gallon  of
motor  fuel shall be deposited in the dedicated highway and bridge trust
fund, established by section eighty-nine-b of the state finance law.
  S 6. Subdivision 4 of section 89-b of the state finance law, as  added
by chapter 56 of the laws of 1993, is amended to read as follows:
  4.  The  highway  and  bridge capital account shall consist (I) of all
moneys transferred from  the  special  obligation  reserve  and  payment
account,  (II)  OF  ALL MONEYS REQUIRED TO BE DEPOSITED IN THE DEDICATED
HIGHWAY AND BRIDGE TRUST FUND PURSUANT TO  SUBDIVISION  (B)  OF  SECTION
ELEVEN HUNDRED FORTY-EIGHT OF THE TAX LAW, and (III) OF any other moneys
credited or transferred thereto from any other fund, account or source.
  S 7. This act shall take effect April 1, 2011, provided, that:
  (a) section two of this act shall take effect April 1, 2012;
  (b) section three of this act shall take effect April 1, 2013;
  (c) section four of this act shall take effect April 1, 2014; and
  (d) section five of this act shall take effect April 1, 2015.

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