S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10513
 
                           I N  A S S E M B L Y
 
                               May 31, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Walker) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to imposing an  excise  tax  on
   the sale of ammunition; to amend the state finance law, in relation to
   establishing  the gun violence impact fund; and to amend the executive
   law, in relation to authorizing the director of the office  of  victim
   services to administer grants from the gun violence impact fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The tax law is amended by adding a new article 19-A to read
 as follows:
                               ARTICLE 19-A
                         EXCISE TAX ON AMMUNITION
 SECTION 460. IMPOSITION OF TAX.
         461.  DEPOSIT AND DISPOSITION OF REVENUE.
         462. ADMINISTRATIVE PROVISIONS.
   § 460. IMPOSITION OF TAX. 1. THERE IS HEREBY  LEVIED  AND  IMPOSED  AN
 EXCISE TAX ON THE RETAIL SALE OF AMMUNITION AT THE FOLLOWING RATES:
   (A)  AMMUNITION  THAT  CONTAINS  A SINGLE PROJECTILE THAT MEASURES .22
 CALIBER OR LESS SOLD AT RETAIL SHALL BE TAXED AT A RATE OF TWO CENTS PER
 PROJECTILE.
   (B) ALL OTHER AMMUNITION OTHER THAN THAT SPECIFIED IN PARAGRAPH (A) OF
 THIS SUBDIVISION AND SOLD AT RETAIL SHALL BE TAXED AT  A  RATE  OF  FIVE
 CENTS PER PROJECTILE.
   2.  THE TAX RATES SET FORTH IN THIS SECTION SHALL BE REVIEWED ANNUALLY
 AND ADJUSTED PERIODICALLY BY THE COMMISSIONER AS NEEDED  TO  MAINTAIN  A
 CONSISTENT EFFECT RELATIVE TO INFLATION.
   §  461.  DEPOSIT  AND  DISPOSITION OF REVENUE. ALL TAXES, INTEREST AND
 PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER  THIS  ARTICLE
 SHALL BE DEPOSITED AND DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION
 ONE HUNDRED SEVENTY-ONE-A OF THIS CHAPTER, PROVIDED THAT AN AMOUNT EQUAL
 TO  ONE  HUNDRED  PERCENT  COLLECTED  UNDER THIS ARTICLE LESS ANY AMOUNT
 DETERMINED BY THE COMMISSIONER TO BE RESERVED  BY  THE  COMPTROLLER  FOR
 REFUNDS OR REIMBURSEMENTS SHALL BE PAID BY THE COMPTROLLER TO THE CREDIT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15982-01-2
 A. 10513                            2
 
 OF  THE  GUN VIOLENCE IMPACT FUND CREATED IN SECTION NINETY-TWO-J OF THE
 STATE FINANCE LAW.
   §  462.  ADMINISTRATIVE  PROVISIONS.  THE  TAX IMPOSED BY THIS SECTION
 SHALL BE ADMINISTERED AND COLLECTED  IN  A  LIKE  MANNER  AS  THE  TAXES
 IMPOSED  UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, AND THE DEFINITIONS
 AND THE PROVISIONS APPLICABLE TO THE ADMINISTRATION, COLLECTION,  DETER-
 MINATION,  ENFORCEMENT,  AND DISPOSITION OF THE TAXES IMPOSED BY ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER SHALL APPLY TO  THE  TAX  IMPOSED  BY  THIS
 SECTION  INSOFAR  AS  SUCH PROVISIONS CAN BE MADE APPLICABLE TO SUCH TAX
 WITH THE LIMITATIONS SET FORTH HEREIN AND SUCH MODIFICATIONS AS  MAY  BE
 NECESSARY  IN  ORDER  TO  ADAPT SUCH PROVISIONS TO THE TAX IMPOSED. SUCH
 PROVISIONS SHALL APPLY WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE
 OF SUCH PROVISIONS HAD BEEN SET FORTH IN FULL IN THIS  SECTION  AND  HAD
 BEEN EXPRESSLY REFERRED TO THE TAX IMPOSED BY THIS SECTION EXCEPT TO THE
 EXTENT THAT ANY OF SUCH PROVISIONS IS EITHER INCONSISTENT WITH OR IS NOT
 RELEVANT TO THIS SECTION.
   §  2. The state finance law is amended by adding a new section 92-j to
 read as follows:
   § 92-J. GUN VIOLENCE IMPACT FUND. 1. THERE IS HEREBY  ESTABLISHED,  IN
 THE  JOINT  CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER A FUND TO BE
 KNOWN AS THE "GUN VIOLENCE IMPACT FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONIES CREDITED OR DEPOSITED TO  THE
 FUND  PURSUANT  TO SECTION FOUR HUNDRED SIXTY-ONE OF THE TAX LAW AND ALL
 MONIES CREDITED OR TRANSFERRED THERETO FROM ANY OTHER  FUND  OR  SOURCE,
 INCLUDING  ANY FEDERAL, STATE, OR PRIVATE FUNDS, PURSUANT TO LAW FOR THE
 PURPOSES OF REIMBURSEMENT OR  PAYMENT  ON  BEHALF  OF  THE  EXPENSES  OF
 VICTIMS  OF GUN VIOLENCE FOR THE EXPENSES SET FORTH IN SUBDIVISION THREE
 OF THIS SECTION.
   3. MONEYS OF THE GUN VIOLENCE IMPACT FUND  SHALL  BE  USED  SOLELY  TO
 AWARD  GRANTS, ACCORDING TO THE RULES AND REGULATIONS OF THE DIRECTOR OF
 THE OFFICE OF VICTIM SERVICES, TO OR ON BEHALF OF QUALIFYING  RECIPIENTS
 AS  PROVIDED  IN  SUBDIVISION TWENTY-FOUR OF SECTION SIX HUNDRED TWENTY-
 THREE OF THE EXECUTIVE LAW.
   4. MONIES IN THE GUN VIOLENCE IMPACT FUND SHALL BE KEPT SEPARATE  FROM
 AND  SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
 COMPTROLLER.
   5. MONIES IN THE GUN VIOLENCE IMPACT FUND SHALL BE  PAID  OUT  OF  THE
 FUND  ON  THE  AUDIT  AND  WARRANT  OF THE STATE COMPTROLLER ON VOUCHERS
 APPROVED BY THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES.  ANY INTEREST
 RECEIVED BY THE COMPTROLLER ON MONIES ON DEPOSIT  IN  THE  GUN  VIOLENCE
 IMPACT FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
   §  3.  Section  623  of  the  executive law is amended by adding a new
 subdivision 24 to read as follows:
   24. TO ADOPT, PROMULGATE, AMEND AND RESCIND SUITABLE RULES  AND  REGU-
 LATIONS  TO  RECEIVE APPLICATIONS FOR AND ADMINISTER GRANTS FROM THE GUN
 VIOLENCE IMPACT FUND  CREATED  BY  SECTION  NINETY-TWO-J  OF  THE  STATE
 FINANCE LAW TO QUALIFIED RECIPIENTS AS DETERMINED BY THE DIRECTOR OF THE
 OFFICE OF VICTIM SERVICES.
   (A) AS USED IN THIS SUBDIVISION:
   (I) "QUALIFIED RECIPIENT" MEANS A FULL-TIME STATE RESIDENT WHO WAS THE
 VICTIM  OF  AN INJURY THAT OCCURRED WITHIN THE STATE AND THAT WAS CAUSED
 BY ONE OR MORE GUNSHOTS OR THE IMMEDIATE FAMILY MEMBER OF SUCH RESIDENT;
 AND
   (II) "IMMEDIATE FAMILY MEMBER" MEANS A  SPOUSE  OR  DOMESTIC  PARTNER;
 BIRTH  AND  ADOPTIVE  PARENTS, CHILDREN AND SIBLINGS; STEPPARENTS, STEP-
 CHILDREN AND STEPSIBLINGS; FATHERS-IN-LAW, MOTHERS-IN-LAW,  BROTHERS-IN-
 A. 10513                            3
 
 LAW,  SISTERS-IN-LAW, SONS-IN-LAW AND DAUGHTERS-IN-LAW; AND GRANDPARENTS
 AND GRANDCHILDREN.
   (B) GRANTS MAY BE, BUT ARE NOT REQUIRED TO BE, MADE FOR ACTUAL MEDICAL
 OR  FUNERAL EXPENSES OF A QUALIFIED RECIPIENT, ACCESS FOR A RECIPIENT OR
 AN IMMEDIATE FAMILY MEMBER OF THE QUALIFIED RECIPIENT TO  MENTAL  HEALTH
 RESOURCES,  AND  OTHER  EXPENSES  AS  DETERMINED  BY THE DIRECTOR OF THE
 OFFICE.
   (C)(I) NO GRANT SHALL BE AWARDED TO ANY PERSON WHO WAS RESPONSIBLE  IN
 WHOLE  OR  IN  PART  FOR  HIS  OR HER INJURY, OR TO THE IMMEDIATE FAMILY
 MEMBER OF SUCH CLAIMANT.
   (II) NO GRANT SHALL BE AWARDED TO PAY  ANY  EXPENSES  OF  A  QUALIFIED
 RECIPIENT'S  IMMEDIATE  FAMILY MEMBER WHO WAS RESPONSIBLE IN WHOLE OR IN
 PART FOR THE INJURY SUFFERED BY A QUALIFIED RECIPIENT OR BY OTHER  IMME-
 DIATE FAMILY MEMBERS OF SUCH QUALIFIED RECIPIENT.
   (D)  NO GRANT SHALL BE MADE TO COVER ANY EXPENSES THAT ARE PAID FOR OR
 REIMBURSED BY INSURANCE OR OTHER THIRD-PARTY SOURCES.
   (E) ANY AWARD OF A GRANT UNDER THIS SECTION SHALL BE  SUBJECT  TO  THE
 AVAILABILITY  OF  FUNDING  IN  THE  GUN  VIOLENCE IMPACT FUND CREATED BY
 SECTION NINETY-TWO-J OF THE STATE FINANCE LAW.
   § 4. This act shall take effect on the  first  day  of  the  quarterly
 sales tax period, as set forth in subdivision (b) of section 1136 of the
 tax  law, next succeeding the ninetieth day after it shall have become a
 law, and shall apply in  accordance  with  the  applicable  transitional
 provisions of section 1106 of the tax law.