Senate Bill S303

2009-2010 Legislative Session

Enacts the "boat launch preservation act"; requires a percentage of the gasoline surcharge to be dedicated to boat launch preservation

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Jan 07, 2009	referred to investigations and government operations

2009-S303 (ACTIVE) - Details

See Assembly Version of this Bill:: A5415
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §289-e, Tax L; add §92-ff, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5546
2013-2014: A5622
2015-2016: A6455
2017-2018: A6263

2009-S303 (ACTIVE) - Summary

Enacts the "boat launch preservation act"; requires that one percent of the 4 cents per gallon gasoline surcharge on gasoline which is used on waterways but not more than 5 million dollars per fiscal year is to be deposited in the dedicated boat launch site fund; moneys of such fund shall be disbursed for design, construction, maintenance and improvement of boat launches and boat access sites.

2009-S303 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S303

 TITLE OF BILL :
An act to amend the tax law and the state finance law, in relation to
creating the boat launch preservation act and establishing the
dedicated boat launch site fund


 SUMMARY OF PROVISIONS :
Sections 1 and 2 contain the short title and legislative intent.

Section 3-amends the motor fuel tax changing the distribution of funds
from the base motor fuel tax (4 cents), the other 4 cents is contained
in the additional motor fuel tax (3 cents) and the supplemental motor
fuel tax (1 cent). The current distribution depositing 100% of the
base tax into the dedicated highway and bridge trust fund will be
changed. The new distribution will take the first 1% but not more than
$5 million per state fiscal year, and deposit it into the new
dedicated boat launch site fund. The money in this fund will be used
for design, construction, maintenance and improvements of state and
municipal owned boat launch sites or boat access sites.

Section 4-adds a new section 92-cc to the state finance law to create
a dedicated boat launch site fund.

Section 5 states the effective date.

 JUSTIFICATION :
Each year approximately 1% of the $500 million collected in motor fuel
tax is derived from gasoline for boating purposes. This bill dedicates
1% of the motor fuel tax monies to boat launch sites to provide a
steady revenue stream for needed reconstruction and improvements. Such
improvements could include new signage which would facilitate safe and
responsible boating.  Reconstruction efforts could also include the
addition of washing stations to launch sites. These washing stations
would allow for the cleaning of boat propellers and hulls in order to
prevent the spread of noxious weeds from one body of water to another.

 LEGISLATIVE HISTORY :
2008: S.1118-A Investigations and Government Operations; A.10698 Ways
& Means
2007: S.1118 Investigations and Government Operations; A.1914 Tourism,
Arts & Sports Dev.
2005/06: S.732A Investigations and Government Operations; A.2913A
Tourism, Arts & Sports Dev.
2003/04: S.6691 Investigations and Government Operations; A3557A
Tourism, Arts & Sports Dev.

 FISCAL IMPLICATIONS :
It will redirect revenues to the new dedicated boat launch site fund
from the dedicated highway and bridge trust fund a maximum of $5
million in fiscal year 2008-09 and each fiscal year thereafter.
However, better access for boats to our lakes and rivers will result
in increased usage, more fuel being purchased and replenishment of
funds.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S303 (ACTIVE) - Bill Text download pdf

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

                                   303

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- 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
  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-

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

                                                           LBD00195-01-9

S. 303                              2

EST, PENALTIES AND FEES, BUT NOT MORE THAN  FIVE  MILLION  DOLLARS  EACH
STATE  FISCAL YEAR, SHALL BE DEPOSITED IN THE DEDICATED BOAT LAUNCH SITE
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.

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Senate Bill S303

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2009-S303 (ACTIVE) - Details

2009-S303 (ACTIVE) - Summary

2009-S303 (ACTIVE) - Sponsor Memo

2009-S303 (ACTIVE) - Bill Text download pdf

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2009-S303 (ACTIVE) - Details

2009-S303 (ACTIVE) - Summary

2009-S303 (ACTIVE) - Sponsor Memo

2009-S303 (ACTIVE) - Bill Text download pdf

Comments