NY State Assembly Bill 2015-A4359A

Assembly Bill A4359A

2015-2016 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

download bill text pdf

Archive: Last Bill Status - In Assembly 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	held for consideration in ways and means
Jan 06, 2016	referred to ways and means
Mar 26, 2015	print number 4359a
Mar 26, 2015	amend and recommit to ways and means
Jan 30, 2015	referred to ways and means

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A4359 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §1148, Tax L; amd §89-b, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8876
2017-2018: A3871
2019-2020: A3699
2021-2022: A4944
2023-2024: A5089

2015-A4359 - 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.

2015-A4359 - Bill Text download pdf

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

                                  4359

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  PALMESANO  -- Multi-Sponsored by -- M. of A.
  BARCLAY,  CERETTO,  CORWIN,  CROUCH,  DiPIETRO,  DUPREY,  FITZPATRICK,
  GIGLIO,  GOODELL,  LALOR,  McDONOUGH, MONTESANO, RA, RAIA, SALADINO --
  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
  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 section 57 of
part HH of chapter 57 of the  laws  of  2013,  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, ninety-two-h, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08128-01-5

A. 4359                             2

  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 8 of part C of chapter 57 of the laws
of 2014, 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,  section
three  hundred  twenty-six,  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] PART U1 OF chapter SIXTY-TWO 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 twenty-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  subdivi-
sion  thirty-five  of section ten of the highway law, and sections nine-
ty-four, one hundred thirty-five, one hundred forty-four and one hundred
forty-five of the transportation law, (iii) any moneys collected by  the
department  of  transportation  for services provided pursuant to agree-
ments entered into in  accordance  with  section  ninety-nine-r  of  the

A. 4359                             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 9 of part C of chapter 57 of the laws
of 2014, 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, section three hundred twenty-six, 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  subdivi-
sion  thirty-five  of section ten of the highway law, and sections nine-
ty-four, one hundred thirty-five, one hundred forty-four and one hundred
forty-five of the transportation law, (iii) any moneys collected by  the
department  of  transportation  for services provided pursuant to agree-
ments 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, 2016, provided, that:
  (a) section two of this act shall take effect April 1, 2017;
  (b) section three of this act shall take effect April 1, 2018;
  (c) section four of this act shall take effect April 1, 2019;
  (d) section five of this act shall take effect April 1, 2020; 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

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A4359A (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §1148, Tax L; amd §89-b, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8876
2017-2018: A3871
2019-2020: A3699
2021-2022: A4944
2023-2024: A5089

2015-A4359A (ACTIVE) - 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.

2015-A4359A (ACTIVE) - Bill Text download pdf

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

                                 4359--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M. of A. PALMESANO, TENNEY, MURRAY, MONTESANO, DiPIETRO,
  BARCLAY, McDONOUGH, GIGLIO, CORWIN, BLANKENBUSH, LALOR, DUPREY,  SALA-
  DINO,  RAIA,  FRIEND,  FITZPATRICK  --  Multi-Sponsored by -- M. of A.
  CERETTO, CROUCH, GOODELL, RA -- read once and referred to the  Commit-
  tee  on  Ways and Means -- 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 section 57 of
part HH of chapter 57 of the  laws  of  2013,  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, ninety-two-h, 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.
                                                           LBD08128-02-5

A. 4359--A                          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. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 8 of part C of chapter 57 of the laws
of 2014, 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,  section
three  hundred  twenty-six,  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] PART U1 OF chapter SIXTY-TWO of
the laws of two thousand three [that amended this  paragraph],  subdivi-
sion  (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 twenty-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  subdivi-
sion  thirty-five  of section ten of the highway law, and sections nine-
ty-four, one hundred thirty-five, one hundred forty-four and one hundred
forty-five of the transportation law, (iii) any moneys collected by  the
department  of  transportation  for services provided pursuant to agree-
ments 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 6. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 9 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:

A. 4359--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, section three hundred twenty-six, 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  subdivi-
sion  thirty-five  of section ten of the highway law, and sections nine-
ty-four, one hundred thirty-five, one hundred forty-four and one hundred
forty-five of the transportation law, (iii) any moneys collected by  the
department  of  transportation  for services provided pursuant to agree-
ments 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. This act shall take effect April 1, 2016, provided, that:
  (a) section two of this act shall take effect April 1, 2017;
  (b) section three of this act shall take effect April 1, 2018;
  (c) section four of this act shall take effect April 1, 2019; and
  (d) the amendments to paragraph (a) of subdivision 3 of  section  89-b
of  the  state  finance law, made by section five of this act, shall not
affect the expiration and reversion of such paragraph and  shall  expire
therewith,  when  upon  such  date  section  six  of this act shall take
effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A4359A

Share this bill

Sponsored By

PALMESANO

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Claudia Tenney

Dean Murray

Michael Montesano

David DiPietro

multi-Sponsors

John Ceretto

Clifford Crouch

Andrew Goodell

Edward Ra

2015-A4359 - Details

2015-A4359 - Summary

2015-A4359 - Bill Text download pdf

co-Sponsors

Claudia Tenney

Dean Murray

Michael Montesano

David DiPietro

multi-Sponsors

John Ceretto

Clifford Crouch

Andrew Goodell

Stephen Hawley

2015-A4359A (ACTIVE) - Details

2015-A4359A (ACTIVE) - Summary

2015-A4359A (ACTIVE) - Bill Text download pdf

Comments