S T A T E   O F   N E W   Y O R K
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                                  5415

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Ways and Means

AN ACT to amend the tax law and the state finance law,  in  relation  to
  creating  the  boat launch preservation act and establishing the dedi-
  cated boat launch site fund

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "boat launch preservation act".
  S 2. Legislative intent. The legislature hereby finds that the  water-
ways  of  this  great  state have always been a vital source of economic
activity. The legislature  further  finds  that  although  the  economic
activity  found  on  today's waterways have more to do with recreational
boating than shipping, it still  remains  an  important  factor  in  the
economic  health  of  the  state.  It has been found that upwards of one
percent of the gasoline consumed within the state of New York is used to
power vessels traveling on our waterways. It is the intent of the legis-
lature that the taxes collected on such boating gasoline be used to keep
our waterways a viable resource for the next century of New Yorkers.
  S 3. Subdivision 2 of section 289-e of the tax law, as added by  chap-
ter 329 of the laws of 1991, is amended to read as follows:
  2.  All  taxes,  interest, penalties and fees collected or received by
the commissioner [of taxation  and  finance  after  March  thirty-first,
nineteen  hundred  ninety-three]  under the taxes imposed by section two
hundred eighty-four of this article AFTER MARCH  THIRTY-FIRST,  NINETEEN
HUNDRED  NINETY-THREE  AND BEFORE APRIL FIRST, TWO THOUSAND TEN shall be
deposited in the dedicated highway and bridge trust fund and disposed of
pursuant to section eighty-nine-b of the state finance law; AND  ON  AND
AFTER  APRIL  FIRST, TWO THOUSAND TEN, ONE PERCENT OF SUCH TAXES, INTER-
EST, PENALTIES AND FEES, BUT NOT MORE THAN  FIVE  MILLION  DOLLARS  EACH
STATE  FISCAL YEAR, SHALL BE DEPOSITED IN THE DEDICATED BOAT LAUNCH SITE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00195-01-9
              

A. 5415                             2

FUND AND DISPOSED OF PURSUANT TO  SECTION  NINETY-TWO-FF  OF  THE  STATE
FINANCE  LAW,  AND  THE REMAINING AMOUNT SHALL BE DEPOSITED IN THE DEDI-
CATED HIGHWAY AND BRIDGE TRUST FUND AND DISPOSED OF PURSUANT TO  SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 4. The state finance law is amended by adding a new section 92-ff to
read as follows:
  S  92-FF.  DEDICATED  BOAT LAUNCH SITE FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE  "DEDICATED  BOAT
LAUNCH SITE FUND".
  2.  MONEYS  IN THE DEDICATED BOAT LAUNCH SITE FUND SHALL BE KEPT SEPA-
RATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS.
  3. THE DEDICATED BOAT LAUNCH SITE FUND SHALL  CONSIST  OF  THE  MONEYS
REQUIRED  TO BE DEPOSITED THEREIN PURSUANT TO THE PROVISIONS OF SUBDIVI-
SION TWO OF SECTION TWO HUNDRED EIGHTY-NINE-E OF THE  TAX  LAW  AND  ANY
OTHER MONEYS APPROPRIATED THERETO.
  4.  THE  MONEYS  IN SUCH FUND SHALL BE APPROPRIATED BY THE LEGISLATURE
AND DISBURSED FOR COSTS INCURRED FOR THE DESIGN,  CONSTRUCTION,  MAINTE-
NANCE  AND  IMPROVEMENT  OF  STATE  AND MUNICIPALLY OWNED BOAT LAUNCHING
SITES OR BOAT ACCESS SITES. DISBURSEMENTS FROM SUCH FUND SHALL  BE  MADE
UPON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
  5.  THE  COMPTROLLER  SHALL  INVEST  THE  MONEYS OF THE DEDICATED BOAT
LAUNCH SITE FUND PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE. ANY
INCOME EARNED THEREFROM SHALL BE ADDED TO AND BECOME PART OF THE FUND.
  6. THE COMPTROLLER SHALL ANNUALLY ON OR BEFORE JANUARY FIRST, ISSUE  A
REPORT  LISTING  THE  PRINCIPAL  IN,  EARNED INCOME ON AND EARNED INCOME
ACCRUED TO PRINCIPAL OF THE FUND. A COPY OF SUCH REPORT SHALL BE  TRANS-
MITTED  TO THE DIRECTOR OF THE DIVISION OF BUDGET, THE CHAIR AND RANKING
MINORITY MEMBER OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR AND RANK-
ING MINORITY MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  S 5. This act shall take effect immediately.