NY State Senate Bill 2023-S7569

Senate Bill S7569

2023-2024 Legislative Session

Excludes cigarettes on hand prior to September 1, 2023 from tax increase where a cigarette tax stamp has been affixed as of the close of business on August 31, 2023.

download bill text pdf

Archive: Last Bill Status - In Senate Committee Budget And Revenue 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to budget and revenue
Jun 07, 2023	referred to rules

2023-S7569 (ACTIVE) - Details

See Assembly Version of this Bill:: A7846
Current Committee:: Senate Budget And Revenue
Law Section:: Taxation
Laws Affected:: Amd Part S §3, Chap 59 of 2023

2023-S7569 (ACTIVE) - Summary

Excludes cigarettes on hand prior to September 1, 2023 from the tax increase where a cigarette tax stamp has been affixed as of the close of business on August 31, 2023.

2023-S7569 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7569

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend part S of chapter 59 of the laws of 2023 amending the
tax law relating to increasing the rate of tax on cigarettes, in
relation to the tax increase of certain cigarettes on hand prior to
September 1, 2023

 
PURPOSE:

This legislation would allow the sale of cigarettes already having a tax
stamp affixed prior to the forthcoming cigarette tax increase date.

 
SUMMARY OF PROVISIONS:

Section 1Section 3 of part S pf chapter 59 of the laws of 2023 is
amended relating to the increasing rate of tax on cigarettes..

Section 2 provides for the effective date.

 
JUSTIFICATION:

Recently, the state increased the state's cigarette tax. Wholesale
distributors are those who pay the cigarette tax and act as the agent of
the State in affixing cigarette tax stamps. Wholesale distributors, who
are many times large in-state employers, are left with the burdensome
task of re-inventory, auditing, and applying the new tax stamp to the
product that wholesalers have already applied the tax. This bill would
allow the sale of existing floor stock having tax stamps already
affixed. Based on previous years' sales, estimates are floor stock
already having a tax stamp affixed would take around 30 days to be fully
sold upon the date of the new tax increase

Recently, several states have increased their cigarette tax but have
made accommodations for wholesale distributors existing floorstock,
including Illinois, Arizona, and Colorado. This legislation does not
adversely impact the state's recent law increasing the state's cigarette
tax.

 
FISCAL IMPACT ON THE STATE:

Revenue positive.

 
LEGISLATIVE HISTORY:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7569 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7569
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend part S of chapter 59 of the laws of  2023  amending  the
   tax  law  relating  to  increasing  the  rate of tax on cigarettes, in
   relation to the tax increase of certain cigarettes on  hand  prior  to
   September 1, 2023
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of part S of chapter 59  of  the  laws  of  2023,
 amending  the  tax  law  relating to increasing the rate of tax on ciga-
 rettes, is amended to read as follows:
   § 3. Notwithstanding any other provision of law to the  contrary,  the
 tax  due  on  cigarettes  possessed in New York state as of the close of
 business on August 31, 2023, by any person for sale solely  attributable
 to the increase imposed by the amendments to section 471 of the tax law,
 as  amended  by  section  one of this act, shall be paid by November 20,
 2023, subject to such terms and conditions as the commissioner of  taxa-
 tion  and  finance  shall  prescribe. PROVIDED FURTHER THAT THE INCREASE
 IMPOSED BY THE AMENDMENTS TO SECTION 471 OF THE TAX LAW, AS  AMENDED  BY
 SECTION ONE OF THIS ACT, SHALL NOT APPLY TO ANY CIGARETTES IN POSSESSION
 OF ANY PERSON AS OF THE CLOSE OF BUSINESS ON AUGUST 31, 2023 FOR WHICH A
 CIGARETTE TAX STAMP HAS BEEN AFFIXED.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11753-01-3

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