senate Bill S2467B

2011-2012 Legislative Session

Requires the deposit, into the dedicated highway and bridge trust fund, of a portion of the sales tax collected on each gallon of motor fuel sold at retail

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 21, 2012 referred to ways and means
delivered to assembly
passed senate
Mar 12, 2012 advanced to third reading
Mar 07, 2012 2nd report cal.
Mar 06, 2012 1st report cal.303
Jan 09, 2012 reported and committed to finance
Jan 05, 2012 print number 2467b
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
returned to senate
died in assembly
Jun 14, 2011 referred to ways and means
delivered to assembly
passed senate
Jun 07, 2011 advanced to third reading
Jun 06, 2011 2nd report cal.
Jun 02, 2011 1st report cal.954
May 10, 2011 reported and committed to finance
May 03, 2011 print number 2467a
amend and recommit to investigations and government operations
Jan 21, 2011 referred to investigations and government operations

Votes

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Mar 6, 2012 - Finance committee Vote

S2467B
24
6
committee
24
Aye
6
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Jan 9, 2012 - Investigations and Government Operations committee Vote

S2467B
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jan 9, 2012

aye wr (1)

Jun 2, 2011 - Finance committee Vote

S2467A
22
2
committee
22
Aye
2
Nay
9
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

May 10, 2011 - Investigations and Government Operations committee Vote

S2467A
6
1
committee
6
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 10, 2011

nay (1)
aye wr (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2467 - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1148, Tax L; amd §89-b, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S7213

S2467 - Bill Texts

view summary

Requires the deposit, into the dedicated highway and bridge trust fund, of a portion of the sales tax collected on each gallon of motor fuel sold at retail.

view sponsor memo
BILL NUMBER:S2467

TITLE OF BILL:
An act
to amend the tax law and the state finance law, in relation to providing
for the deposit into the dedicated highway and bridge trust fund of a
portion of the sales tax revenue from the sale of motor fuel

PURPOSE:
The purpose of this bill is to dedicate a portion of funds brought in
through sales tax revenue on gasoline and place them in the Dedicated
Highway and Bridge Trust Fund.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 1148 of the Tax Law, to read that one cent
of the taxes collected or received by the Commissioner under section
1148 for the retail sale of each gallon of motor fuel shall be
deposited in the Dedicated Highway and Bridge Trust Fund.

Section 2. Section 5. Allows for an increase in the amount of
dedication to the Highway and Bridge Trust Fund at a rate of
$0.02/year as set by the effective dates in Section 7.

Section 6. This section allows for sales tax revenue from gasoline to
be directed to the Highway and Bridge Trust Fund.

Section 7. Sets the effective date for the act as April 1, 2012,
provided that §2 of the act takes effect on April 1, 2013, §3 of the
act takes effect on April 1, 2014, §4 of the act takes effect on
April 1, 2015, § 5 of the act takes effect on April 1, 2016.

JUSTIFICATION:
In 2007, the New York state Department of Transportation released a 20
year transportation capital needs analysis. The report showed a
transportation system in decline. In October 2009, the New York State
Department of Transportation proposed a $25.8 billion five year
capital plan that would merely hold conditions steady. Based on
available money, research estimates a funding gap of $8 billion over
the 5 years.

There is currently a sales tax on motor fuels that generates $947
million annually, none of which is dedicated to transportation. The
dedication of $0.01/gallon, increasing $0.01/year for 5 years, would
create $65.8 million for highway and bridge use in 2012 and would
dedicate a total of $987 million for highway and bridge use by the
end of 2016 (based on a usage of 6,579.5 million gallons/year). Every
year thereafter, based on the same usage, there would be an expected
dedication of $329 million/year.

This bill does not increase sales tax on gasoline.

LEGISLATIVE HISTORY:
2010: S.7213 - Referred to Investigation and Government Operations

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on April 1, 2012, with provisions.

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

                                  2467

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  LIBOUS -- 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
  providing  for the deposit into the dedicated highway and bridge trust
  fund of a portion of the sales tax revenue from the sale of motor fuel

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

  Section 1. Section 1148 of the tax law, as amended by chapter 3 of the
laws of 2004, is amended to read as follows:
  S 1148. Deposit and disposition of revenue. [All] (A) EXCEPT AS OTHER-
WISE  PROVIDED  IN  SUBDIVISION (B) OF THIS SECTION, ALL taxes, interest
and penalties collected or received by the commissioner under this arti-
cle shall be deposited and disposed of pursuant  to  the  provisions  of
section one hundred seventy-one-a of this chapter; provided however, the
comptroller  shall  on  or before the twelfth day of each month, pay all
such taxes, interest and penalties  collected  under  this  article  and
remaining  to  the comptroller's credit in such banks, banking houses or
trust companies at the close of business on the last day of the  preced-
ing month, into the general fund of the state treasury, except as other-
wise  provided  in  sections  ninety-two-d and ninety-two-r of the state
finance law and sections eleven hundred two,  eleven  hundred  four  and
eleven hundred nine of this article.
  (B)  ONE  CENT  OF THE TAXES COLLECTED OR RECEIVED BY THE COMMISSIONER
UNDER THIS ARTICLE FOR THE RETAIL SALE OF  EACH  GALLON  OF  MOTOR  FUEL
SHALL  BE  DEPOSITED  IN  THE  DEDICATED  HIGHWAY AND BRIDGE TRUST FUND,
ESTABLISHED BY SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 2. Subdivision (b) of section 1148 of  the  tax  law,  as  added  by
section one of this act, is amended to read as follows:
  (b)  [One  cent]  TWO  CENTS of the taxes collected or received by the
commissioner under this article for the retail sale of  each  gallon  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07263-01-1

S. 2467                             2

motor  fuel shall be deposited in the dedicated highway and bridge trust
fund, established by section eighty-nine-b of the state finance law.
  S  3.  Subdivision  (b)  of section 1148 of the tax law, as amended by
section two of this act, is amended to read as follows:
  (b) [Two] THREE cents of  the  taxes  collected  or  received  by  the
commissioner  under  this  article for the retail sale of each gallon of
motor fuel shall be deposited in the dedicated highway and bridge  trust
fund, established by section eighty-nine-b of the state finance law.
  S  4.  Subdivision  (b)  of section 1148 of the tax law, as amended by
section three of this act, is amended to read as follows:
  (b) [Three] FOUR cents of the  taxes  collected  or  received  by  the
commissioner  under  this  article for the retail sale of each gallon of
motor fuel shall be deposited in the dedicated highway and bridge  trust
fund, established by section eighty-nine-b of the state finance law.
  S  5.  Subdivision  (b)  of section 1148 of the tax law, as amended by
section four of this act, is amended to read as follows:
  (b) [Four] FIVE cents of  the  taxes  collected  or  received  by  the
commissioner  under  this  article for the retail sale of each gallon of
motor fuel shall be deposited in the dedicated highway and bridge  trust
fund, established by section eighty-nine-b of the state finance law.
  S  6. Subdivision 4 of section 89-b of the state finance law, as added
by chapter 56 of the laws of 1993, is amended to read as follows:
  4. The highway and bridge capital account shall  consist  (I)  of  all
moneys  transferred  from  the  special  obligation  reserve and payment
account, (II) OF ALL MONEYS REQUIRED TO BE DEPOSITED  IN  THE  DEDICATED
HIGHWAY  AND  BRIDGE  TRUST  FUND PURSUANT TO SUBDIVISION (B) OF SECTION
ELEVEN HUNDRED FORTY-EIGHT OF THE TAX LAW, and (III) OF any other moneys
credited or transferred thereto from any other fund, account or source.
  S 7. This act shall take effect April 1, 2012, provided, that:
  (a) section two of this act shall take effect April 1, 2013;
  (b) section three of this act shall take effect April 1, 2014;
  (c) section four of this act shall take effect April 1, 2015; and
  (d) section five of this act shall take effect April 1, 2016.

Co-Sponsors

S2467A - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1148, Tax L; amd §89-b, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S7213

S2467A - Bill Texts

view summary

Requires the deposit, into the dedicated highway and bridge trust fund, of a portion of the sales tax collected on each gallon of motor fuel sold at retail.

view sponsor memo
BILL NUMBER:S2467A

TITLE OF BILL:
An act to amend the tax law and the state finance law, in relation to
providing for the deposit into the dedicated highway and bridge trust
fund of a portion of the sales tax revenue from the sale of motor fuel

PURPOSE:
The purpose of this bill is to dedicate a portion of funds brought in
through sales tax revenue on gasoline and place them in the Dedicated
Highway and Bridge Trust Fund.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 1148 of the Tax Law, to read that one cent of
the taxes collected or received by the Commissioner under Section 1148
for the retail sale of each gallon of motor fuel shall be deposited in
the special obligation reserve and payment account of the dedicated
highway and bridge trust fund.

Section 2. Section 5. Allows for an increase in the amount of dedication
to the Highway and Bridge Trust Fund at a rate of $0.02/year as set by
the effective dates in Section 7.

Section 6. This section allows for sales tax revenue from gasoline to be
directed to the Highway and Bridge Trust Fund.

Section 7. Sets the effective date for the act as April 1, 2012,
provided that §2 of the act takes effect on April 1, 2013, §3 of the act
takes effect on April 1, 2014, §4 of the act takes effect on April 1,
2015, § 5 of the act takes effect on April 1, 2016.

JUSTIFICATION:
In 2007, the New York State Department of Transportation released a 20
year transportation capital needs analysis. The report showed a
transportation system in decline. In October 2009, the New York State
Department of Transportation proposed a $25.8 billion five year capital
plan that would merely hold conditions steady. Based on available money,
research estimates a funding gap of $8 billion over the 5 years.

There is currently a sales tax on motor fuels that generates $947
million annually, none of which is dedicated to transportation. The
dedication of $0.01/gallon, increasing $0.01/year for 5 years, would
create $65.8 million for highway and bridge use in 2012 and would
dedicate a total of $987 million for highway and bridge use by the end
of 2016 (based on a usage of 6,579.5 million gallons/year). Every year
thereafter, based on the same usage, there would be an expected
dedication of $329 million/year.

This bill does not increase sales tax on gasoline.

LEGISLATIVE HISTORY:
2010: S.7213 - Referred to Investigation and Government Operations

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on April 1, 2012, with provisions.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2467--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the tax law and the state finance law, in relation to
  providing for the deposit into the dedicated highway and bridge  trust
  fund of a portion of the sales tax revenue from the sale of motor fuel

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

  Section 1. Section 1148 of the tax law, as amended by chapter 3 of the
laws of 2004, is amended to read as follows:
  S 1148. Deposit and disposition of revenue. [All] (A) EXCEPT AS OTHER-
WISE PROVIDED IN SUBDIVISION (B) OF THIS SECTION,  ALL  taxes,  interest
and penalties collected or received by the commissioner under this arti-
cle  shall  be  deposited  and disposed of pursuant to the provisions of
section one hundred seventy-one-a of this chapter; provided however, the
comptroller shall on or before the twelfth day of each  month,  pay  all
such  taxes,  interest  and  penalties  collected under this article and
remaining to the comptroller's credit in such banks, banking  houses  or
trust  companies at the close of business on the last day of the preced-
ing month, into the general fund of the state treasury, except as other-
wise provided in sections ninety-two-d and  ninety-two-r  of  the  state
finance  law  and  sections  eleven hundred two, eleven hundred four and
eleven hundred nine of this article.
  (B) ONE CENT OF THE TAXES COLLECTED OR RECEIVED  BY  THE  COMMISSIONER
UNDER  THIS  ARTICLE  FOR  THE  RETAIL SALE OF EACH GALLON OF MOTOR FUEL
SHALL BE DEPOSITED IN THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT
OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED  BY  SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S  2.  Subdivision  (b)  of  section  1148 of the tax law, as added by
section one of this act, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07263-02-1

S. 2467--A                          2

  (b) [One cent] TWO CENTS of the taxes collected  or  received  by  the
commissioner  under  this  article for the retail sale of each gallon of
motor fuel shall be deposited in  the  special  obligation  reserve  and
payment  account  of the dedicated highway and bridge trust fund, estab-
lished by section eighty-nine-b of the state finance law.
  S  3.  Subdivision  (b)  of section 1148 of the tax law, as amended by
section two of this act, is amended to read as follows:
  (b) [Two] THREE cents of  the  taxes  collected  or  received  by  the
commissioner  under  this  article for the retail sale of each gallon of
motor fuel shall be deposited in  the  special  obligation  reserve  and
payment  account  of the dedicated highway and bridge trust fund, estab-
lished by section eighty-nine-b of the state finance law.
  S 4. Subdivision (b) of section 1148 of the tax  law,  as  amended  by
section three of this act, is amended to read as follows:
  (b)  [Three]  FOUR  cents  of  the  taxes collected or received by the
commissioner under this article for the retail sale of  each  gallon  of
motor  fuel  shall  be  deposited  in the special obligation reserve and
payment account of the dedicated highway and bridge trust  fund,  estab-
lished by section eighty-nine-b of the state finance law.
  S  5.  Subdivision  (b)  of section 1148 of the tax law, as amended by
section four of this act, is amended to read as follows:
  (b) [Four] FIVE cents of  the  taxes  collected  or  received  by  the
commissioner  under  this  article for the retail sale of each gallon of
motor fuel shall be deposited in  the  special  obligation  reserve  and
payment  account  of the dedicated highway and bridge trust fund, estab-
lished by section eighty-nine-b of the state finance law.
  S 6. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 2 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
fifteen,  ELEVEN  HUNDRED  FORTY-EIGHT and eleven hundred sixty-seven of
the tax law, section four hundred one of the vehicle  and  traffic  law,
and  section  thirty-one  of  chapter  fifty-six of the laws of nineteen
hundred ninety-three, (ii) all fees, fines or penalties collected by the
commissioner of transportation pursuant to section fifty-two and  subdi-
visions  five,  eight  and twelve of section eighty-eight of the highway
law, subdivision fifteen of section three  hundred  eighty-five  of  the
vehicle  and traffic law, [section two of the chapter of the laws of two
thousand three that amended this paragraph,] subdivision (d) of  section
three  hundred  four-a, paragraph one of subdivision (a) and subdivision
(d) of section three hundred five, subdivision  six-a  of  section  four
hundred  fifteen and subdivision (g) of section twenty-one hundred twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting moneys deposited with the  state  on  account  of  betterments
performed  pursuant  to  subdivision twenty-seven or subdivision thirty-
five of section ten of the highway law, (iii) any  moneys  collected  by
the  department  of  transportation  for  services  provided pursuant to
agreements entered into in accordance with section ninety-nine-r of  the
general  municipal  law, and (iv) any other moneys collected therefor or
credited or transferred thereto from any other fund, account or source.
  S 7.  Paragraph (a) of subdivision 3 of  section  89-b  of  the  state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:

S. 2467--A                          3

  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
eighty-nine-e, three hundred one-j, five hundred fifteen, ELEVEN HUNDRED
FORTY-EIGHT  and eleven hundred sixty-seven of the tax law, section four
hundred one of the vehicle and traffic law, and  section  thirty-one  of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
pursuant to section fifty-two and subdivisions five, eight and twelve of
section  eighty-eight of the highway law, subdivision fifteen of section
three hundred eighty-five  of  the  vehicle  and  traffic  law,  section
fifteen  of  this  chapter, excepting moneys deposited with the state on
account of betterments performed pursuant to subdivision twenty-seven or
subdivision thirty-five of section ten of the  highway  law,  (iii)  any
moneys  collected  by  the  department  of  transportation  for services
provided pursuant to agreements entered into in accordance with  section
ninety-nine-r  of  the  general municipal law, and (iv) any other moneys
collected therefor or credited or transferred  thereto  from  any  other
fund, account or source.
  S 8. This act shall take effect April 1, 2012, provided, that:
  (a) section two of this act shall take effect April 1, 2013;
  (b) section three of this act shall take effect April 1, 2014;
  (c) section four of this act shall take effect April 1, 2015;
  (d) section five of this act shall take effect April 1, 2016; and
  (e)  the  amendments to paragraph (a) of subdivision 3 of section 89-b
of the state finance law, made by section six of  this  act,  shall  not
affect  the  expiration and reversion of such paragraph and shall expire
therewith, when upon such date section seven  of  this  act  shall  take
effect.

Co-Sponsors

S2467B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1148, Tax L; amd §89-b, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S7213

S2467B (ACTIVE) - Bill Texts

view summary

Requires the deposit, into the dedicated highway and bridge trust fund, of a portion of the sales tax collected on each gallon of motor fuel sold at retail.

view sponsor memo
BILL NUMBER:S2467B

TITLE OF BILL:
An act
to amend the tax law and the state finance law, in relation to providing
for the deposit into the dedicated highway and bridge trust fund of a
portion of the sales tax revenue from the sale of motor fuel

PURPOSE:
The purpose of this bill is to dedicate a portion of funds brought in
through sales tax revenue on gasoline and place them in the Dedicated
Highway and Bridge Trust Fund.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 1148 of the Tax Law, to read that one cent
of the taxes collected or received by the Commissioner under Section
1148 for the retail sale of each gallon of motor fuel shall be
deposited in the Dedicated Highway and Bridge Trust Fund.

Section 2. Section 5. Allows for an increase in the amount of
dedication to the Highway and Bridge Trust Fund at a rate of
$0.02/year as set by the effective dates in Section 7.

Section 6 and 7.
This section allows for sales tax revenue from gasoline to
be directed to the Highway and Bridge Trust Fund.

Section 8. Sets the effective date for the act as April 1, 2013,
provided that §2 of the act takes effect on April 1, 2014 §3 of the
act takes effect on April 1, 2015, §4 of the act takes effect on
April 1, 2016, § 5 of the act takes effect on April 1, 2017.

JUSTIFICATION:
In 2007, the New York State Department of Transportation released a 20
year transportation capital needs analysis. The report showed a
transportation system in decline. In October 2009, the New York State
Department of Transportation proposed a $25.8 billion five year
capital plan that would merely hold conditions steady. Based on
available money, research estimates a funding gap of $8 billion over
the 5 years.

There is currently a sales tax on motor fuels that generates $947
million annually, none of which is dedicated to transportation. The
dedication of $0.01/gallon, increasing $0.01/year for 5 years, would
create $65.8 million for highway and bridge use in 2012 and would
dedicate a total of $987 million for highway and bridge use by the
end of 2016 (based on a usage of 6,579.5 million gallons/year). Every
year thereafter, based on the same usage, there would be an expected
dedication of $329 million/year.

This bill does not increase sales tax on gasoline.

LEGISLATIVE HISTORY:
2010: S.7213 - Referred to Investigation and Government operations

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on April 1, 2013, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2467--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced by Sens. LIBOUS, RANZENHOFER -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations  and  Government  Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Investigations  and  Government
  Operations  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the tax law and the state finance law,  in  relation  to
  providing  for the deposit into the dedicated highway and bridge trust
  fund of a portion of the sales tax revenue from the sale of motor fuel

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

  Section 1. Section 1148 of the tax law, as amended by chapter 3 of the
laws of 2004, is amended to read as follows:
  S 1148. Deposit and disposition of revenue. [All] (A) EXCEPT AS OTHER-
WISE  PROVIDED  IN  SUBDIVISION (B) OF THIS SECTION, ALL taxes, interest
and penalties collected or received by the commissioner under this arti-
cle shall be deposited and disposed of pursuant  to  the  provisions  of
section one hundred seventy-one-a of this chapter; provided however, the
comptroller  shall  on  or before the twelfth day of each month, pay all
such taxes, interest and penalties  collected  under  this  article  and
remaining  to  the comptroller's credit in such banks, banking houses or
trust companies at the close of business on the last day of the  preced-
ing month, into the general fund of the state treasury, except as other-
wise  provided  in  sections  ninety-two-d and ninety-two-r of the state
finance law and sections eleven hundred two,  eleven  hundred  four  and
eleven hundred nine of this article.
  (B)  ONE  CENT  OF THE TAXES COLLECTED OR RECEIVED BY THE COMMISSIONER
UNDER THIS ARTICLE FOR THE RETAIL SALE OF  EACH  GALLON  OF  MOTOR  FUEL
SHALL BE DEPOSITED IN THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07263-04-2

S. 2467--B                          2

OF  THE  DEDICATED HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED BY SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S  2.  Subdivision  (b)  of  section  1148 of the tax law, as added by
section one of this act, is amended to read as follows:
  (b) [One cent] TWO CENTS of the taxes collected  or  received  by  the
commissioner  under  this  article for the retail sale of each gallon of
motor fuel shall be deposited in  the  special  obligation  reserve  and
payment  account  of the dedicated highway and bridge trust fund, estab-
lished by section eighty-nine-b of the state finance law.
  S 3. Subdivision (b) of section 1148 of the tax  law,  as  amended  by
section two of this act, is amended to read as follows:
  (b)  [Two]  THREE  cents  of  the  taxes  collected or received by the
commissioner under this article for the retail sale of  each  gallon  of
motor  fuel  shall  be  deposited  in the special obligation reserve and
payment account of the dedicated highway and bridge trust  fund,  estab-
lished by section eighty-nine-b of the state finance law.
  S  4.  Subdivision  (b)  of section 1148 of the tax law, as amended by
section three of this act, is amended to read as follows:
  (b) [Three] FOUR cents of the  taxes  collected  or  received  by  the
commissioner  under  this  article for the retail sale of each gallon of
motor fuel shall be deposited in  the  special  obligation  reserve  and
payment  account  of the dedicated highway and bridge trust fund, estab-
lished by section eighty-nine-b of the state finance law.
  S 5. Subdivision (b) of section 1148 of the tax  law,  as  amended  by
section four of this act, is amended to read as follows:
  (b)  [Four]  FIVE  cents  of  the  taxes  collected or received by the
commissioner under this article for the retail sale of  each  gallon  of
motor  fuel  shall  be  deposited  in the special obligation reserve and
payment account of the dedicated highway and bridge trust  fund,  estab-
lished by section eighty-nine-b of the state finance law.
  S  6.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 2 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
fifteen, ELEVEN HUNDRED FORTY-EIGHT and eleven  hundred  sixty-seven  of
the  tax  law,  section four hundred one of the vehicle and traffic law,
and section thirty-one of chapter fifty-six  of  the  laws  of  nineteen
hundred ninety-three, (ii) all fees, fines or penalties collected by the
commissioner  of transportation pursuant to section fifty-two and subdi-
visions five, eight and twelve of section eighty-eight  of  the  highway
law,  subdivision  fifteen  of  section three hundred eighty-five of the
vehicle and traffic law, [section two of the chapter of the laws of  two
thousand  three that amended this paragraph,] subdivision (d) of section
three hundred four-a, paragraph one of subdivision (a)  and  subdivision
(d)  of  section  three  hundred five, subdivision six-a of section four
hundred fifteen and subdivision (g) of section twenty-one hundred  twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting  moneys  deposited  with  the  state on account of betterments
performed pursuant to subdivision twenty-seven  or  subdivision  thirty-
five  of  section  ten of the highway law, (iii) any moneys collected by
the department of  transportation  for  services  provided  pursuant  to
agreements  entered into in accordance with section ninety-nine-r of the

S. 2467--B                          3

general municipal law, and (iv) any other moneys collected  therefor  or
credited or transferred thereto from any other fund, account or source.
  S  7.    Paragraph  (a)  of subdivision 3 of section 89-b of the state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
eighty-nine-e, three hundred one-j, five hundred fifteen, ELEVEN HUNDRED
FORTY-EIGHT  and eleven hundred sixty-seven of the tax law, section four
hundred one of the vehicle and traffic law, and  section  thirty-one  of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
pursuant to section fifty-two and subdivisions five, eight and twelve of
section  eighty-eight of the highway law, subdivision fifteen of section
three hundred eighty-five  of  the  vehicle  and  traffic  law,  section
fifteen  of  this  chapter, excepting moneys deposited with the state on
account of betterments performed pursuant to subdivision twenty-seven or
subdivision thirty-five of section ten of the  highway  law,  (iii)  any
moneys  collected  by  the  department  of  transportation  for services
provided pursuant to agreements entered into in accordance with  section
ninety-nine-r  of  the  general municipal law, and (iv) any other moneys
collected therefor or credited or transferred  thereto  from  any  other
fund, account or source.
  S 8. This act shall take effect April 1, 2013, provided, that:
  (a) section two of this act shall take effect April 1, 2014;
  (b) section three of this act shall take effect April 1, 2015;
  (c) section four of this act shall take effect April 1, 2016;
  (d) section five of this act shall take effect April 1, 2017; and
  (e)  the  amendments to paragraph (a) of subdivision 3 of section 89-b
of the state finance law, made by section six of  this  act,  shall  not
affect  the  expiration and reversion of such paragraph and shall expire
therewith, when upon such date section seven  of  this  act  shall  take
effect.

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