S T A T E   O F   N E W   Y O R K
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                                  6752

                            I N  S E N A T E

                            February 16, 2016
                               ___________

Introduced  by  Sen. HOYLMAN -- 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, in relation to establishing a  special  fee
  on  firearms, rifles and shotguns; and to amend the state finance law,
  in relation to establishing the gun violence research 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 28-C to read
as follows:
                              ARTICLE 28-C
              SPECIAL FEE ON FIREARMS, RIFLES AND SHOTGUNS
SECTION 1180. SPECIAL FEE ON FIREARMS, RIFLES AND SHOTGUNS.
  S  1180.  SPECIAL  FEE  ON FIREARMS, RIFLES AND SHOTGUNS.  (A) FOR THE
PURPOSES OF THIS SECTION THE TERMS  "FIREARM",  "RIFLE",  AND  "SHOTGUN"
SHALL  HAVE  THE  SAME MEANING AS DEFINED IN SECTION 265.00 OF THE PENAL
LAW.
  (B) (1) THERE IS HEREBY IMPOSED AND THERE SHALL BE PAID A FEE UPON THE
RECEIPTS FROM EVERY RETAIL SALES OF, OR USE OF, EACH FIREARM, RIFLE,  OR
SHOTGUN.  THE  AMOUNT OF THE FEE SHALL BE FIVE DOLLARS FOR EACH FIREARM,
RIFLE, OR SHOTGUN PURCHASED.
  (2)(I) SUCH FEE SHALL BE COLLECTED  BY  THE  VENDOR  OF  THE  FIREARM,
RIFLE, OR SHOTGUN FROM THE PURCHASER OF THE FIREARM, RIFLE, OR SHOTGUN.
  (II)  WHERE THE FEE IMPOSED UNDER PARAGRAPH ONE OF THIS SUBDIVISION IS
NOT REQUIRED TO BE COLLECTED BY THE VENDOR  UNDER  SUBPARAGRAPH  (I)  OF
THIS  PARAGRAPH,  THE PURCHASER OF SUCH FIREARM, RIFLE, OR SHOTGUN SHALL
REMIT SUCH FEE DIRECTLY TO THE COMMISSIONER.
  (3) (I) EVERY PERSON REQUIRED TO COLLECT THE  FEE  UNDER  SUBPARAGRAPH
(I) OF PARAGRAPH TWO OF THIS SUBDIVISION SHALL FILE A RETURN AND PAY THE
FEE  REQUIRED TO BE COLLECTED TO THE COMMISSIONER ON OR BEFORE THE TWEN-
TIETH DAY AFTER THE CLOSE OF THE QUARTERLY PERIOD IN WHICH THE  FIREARM,
RIFLE, OR SHOTGUN WAS PURCHASED, AS SUCH PERIOD IS DESCRIBED IN SUBDIVI-
SION (B) OF SECTION ELEVEN HUNDRED THIRTY-SIX OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13570-07-6
              

S. 6752                             2

  (II)  A PURCHASER SUBJECT TO SUBPARAGRAPH (I) OF PARAGRAPH TWO OF THIS
SUBDIVISION SHALL FILE A RETURN AND PAY THE  FEE  REQUIRED  TO  BE  PAID
WITHIN  TWENTY  DAYS AFTER THE CLOSE OF SUCH QUARTERLY PERIOD IN WHICH A
FIREARM, RIFLE, OR SHOTGUN SUBJECT TO THE FEE WAS PURCHASED.
  (4)  NOTWITHSTANDING  ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, A
PERSON DESCRIBED IN PARAGRAPH ONE, TWO OR THREE OF  SUBDIVISION  (A)  OF
SECTION ELEVEN HUNDRED SIXTEEN OF THIS CHAPTER, AND ANY BONA FIDE VETER-
ANS  ORGANIZATIONS  RECEIVING FIREARMS, RIFLES, OR SHOTGUNS FOR THE SOLE
USE OF CEREMONIAL PURPOSE WITH BLANK AMMUNITION, EXEMPT FROM  THE  TAXES
IMPOSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER PURSUANT TO PARAGRAPH
FOUR  OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SIXTEEN OF THIS CHAP-
TER, SHALL NOT BE SUBJECT TO THE FEE IMPOSED UNDER THIS SECTION.
  (C) THE  FEE  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, DETERMINATION, ENFORCE-
MENT, AND DISPOSITION OF THE TAXES IMPOSED BY  ARTICLE  TWENTY-EIGHT  OF
THIS  CHAPTER  SHALL APPLY TO THE FEE IMPOSED BY THIS SECTION INSOFAR AS
SUCH PROVISIONS CAN BE MADE APPLICABLE TO SUCH FEE WITH THE  LIMITATIONS
SET  FORTH HEREIN AND SUCH MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO
ADAPT SUCH PROVISIONS TO THE FEE 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 FEE IMPOSED BY THIS SECTION EXCEPT TO THE EXTENT THAT ANY OF SUCH
PROVISIONS IS EITHER INCONSISTENT  WITH  OR  IS  NOT  RELEVANT  TO  THIS
SECTION.  PROVIDED,  HOWEVER,  ANY REFERENCE IN THIS ARTICLE TO THE TERM
"TAX" SHALL BE READ AS "FEE" AND THE EXEMPTION PROVISIONS IN PART  THREE
OF  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER  SHALL  NOT APPLY EXCEPT AS
PROVIDED IN PARAGRAPH FOUR OF SUBDIVISION (B)  OF  THIS  SECTION.  EVERY
PERSON  REQUIRED  TO COLLECT OR PAY THE FEE PROVIDED FOR IN THIS SECTION
SHALL KEEP SUCH RECORDS AS MAY BE REQUIRED BY THE COMMISSIONER.
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUES  PURSUANT
TO  THIS SECTION SHALL BE CREDITED TO THE GUN VIOLENCE RESEARCH FUND AND
USED ONLY FOR THESE PURPOSES ENUMERATED IN  SECTION  EIGHTY-SIX  OF  THE
STATE FIANCEE LAW.
  S  2.  The  state finance law is amended by adding a new section 86 to
read as follows:
  S 86. GUN VIOLENCE RESEARCH FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN
THE  JOINT  CUSTODY  OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE  "GUN  VIOLENCE  RESEARCH
FUND".
  2. SUCH FUNDS SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF  TAXATION  AND  FINANCE, PURSUANT TO THE PROVISIONS OF SECTION ELEVEN
HUNDRED EIGHTY OF THE TAX LAW AND ALL OTHER MONIES APPROPRIATED, CREDIT-
ED, OR TRANSFERRED THERETO FROM ANY OTHER FUND  OR  SOURCE  PURSUANT  TO
LAW.  NOTHING  CONTAINED  HEREIN  SHALL PREVENT THE STATE FROM RECEIVING
GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3.  (A)  MONIES  OF  THE  FUND, SHALL BE EXPENDED TO THE DEPARTMENT OF
HEALTH AND THE STATE UNIVERSITY OF NEW YORK FOR GUN  VIOLENCE  RESEARCH.
THE  DEPARTMENT  OF  HEALTH  AND  THE STATE UNIVERSITY OF NEW YORK SHALL
PROVIDE GRANTS FOR THE PURPOSE OF ADVANCING AND FINANCING  GUN  VIOLENCE
RESEARCH.
  (B)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTION ONE HUNDRED
SIXTY-THREE OF THIS CHAPTER, THE COMMISSIONER OF HEALTH AND THE CHANCEL-
LOR OF THE STATE UNIVERSITY OF NEW YORK ARE AUTHORIZED TO ENTER  INTO  A

S. 6752                             3

CONTRACT  OR CONTRACTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION WITHOUT A
COMPETITIVE BID OR REQUEST  FOR  PROPOSAL  PROCESS,  PROVIDED,  HOWEVER,
THAT:
  (I)  THE  DEPARTMENT  OF  HEALTH  AND THE STATE UNIVERSITY OF NEW YORK
SHALL POST ON ITS WEBSITE, FOR A PERIOD OF NO LESS THAN THIRTY DAYS:
  (1) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT  TO
THE CONTRACTOR OR CONTRACTORS;
  (2) THE CRITERIA FOR SELECTION OF A CONTRACTOR OR CONTRACTORS;
  (3)  THE PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY SEEK
SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER  SUCH  INFORMA-
TION IS FIRST POSTED ON THE WEBSITE; AND
  (4)  THE  MANNER  BY  WHICH  A  PROSPECTIVE  CONTRACTOR  MAY SEEK SUCH
SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC MEANS;
  (II) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED  FROM
PROSPECTIVE  CONTRACTORS  IN  A  TIMELY FASHION SHALL BE REVIEWED BY THE
COMMISSIONER OF HEALTH AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
YORK; AND
  (III) THE COMMISSIONER OF HEALTH  AND  THE  CHANCELLOR  OF  THE  STATE
UNIVERSITY OF NEW YORK SHALL SELECT SUCH CONTRACTOR OR CONTRACTORS THAT,
IN  THEIR  DISCRETION,  ARE  BEST  SUITED  TO SERVE THE PURPOSES OF THIS
SECTION.
  4. (A) ON OF BEFORE THE FIRST DAY OF FEBRUARY  EACH  YEAR,  THE  COMP-
TROLLER  SHALL  CERTIFY  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR  OF  THE  SENATE  FINANCE
COMMITTEE  AND  THE  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
AMOUNT OF MONEY DEPOSITED BY EACH SOURCE  IN  THE  NEW  YORK  STATE  GUN
VIOLENCE  RESEARCH FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT
OF REVENUE DERIVED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY OF THE  TAX
LAW AND FROM ALL OTHER SOURCES.
  (B) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF HEALTH IN COORDINATION WITH THE CHANCELLOR OF THE STATE UNIVERSITY OF
NEW  YORK  SHALL  PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR
OF THE SENATE COMMITTEE ON HEALTH, THE  CHAIR  OF  THE  ASSEMBLY  HEALTH
COMMITTEE,  THE  STATE  COMPTROLLER  AND  THE  PUBLIC. SUCH REPORT SHALL
INCLUDE HOW MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALEN-
DAR YEAR AND SHALL INCLUDE:
  (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
USED FOR SUCH DISBURSEMENTS;
  (II) RECIPIENTS OF AWARDS FROM THE FUND;
  (III) THE AMOUNT AWARDED TO EACH;
  (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
  (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
  5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMPTROLLER.
  6.  CONTRACTORS  AWARDED GRANTS FROM FUNDS DISBURSED FROM THIS SECTION
FOR THE PURPOSE OF GUN VIOLENCE RESEARCH SHALL, WHEN THEIR RESEARCH  HAS
CONCLUDED,  PROVIDE  A WRITTEN REPORT OF THEIR FINDINGS TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR  OF  THE
SENATE  FINANCE  COMMITTEE,  THE  CHAIR  OF  THE ASSEMBLY WAYS AND MEANS
COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON HEALTH, THE CHAIR OF THE
ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC.

S. 6752                             4

  S 3. This act shall take effect immediately and shall apply to taxable
years, beginning on or after January 1, 2016; provided, however, section
one of this act shall take effect  June  1,  2016  and  shall  apply  in
accordance  with the applicable transitional provisions in sections 1106
and  1217 of the tax law. This act shall be deemed repealed in the event
that congress authorizes  funding  for  gun  violence  research  to  the
centers  for  disease  control  and  prevention; provided that the comp-
troller shall notify the legislative bill drafting commission  upon  the
occurrence  of  such enactment by the congress in order that the commis-
sion may maintain an accurate and timely  effective  data  base  of  the
official  text  of  the  laws of the state of New York in furtherance of
effecting the provisions of  section  44  of  the  legislative  law  and
section 70-b of the public officers law.