NY State Senate Bill 2017-S4580

Senate Bill S4580

2017-2018 Legislative Session

Creates the federal tax elimination supplemental tax to take effect if the federal fuel tax rate is reduced below 5 cents per gallon

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Feb 21, 2017	referred to investigations and government operations

2017-S4580 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Add §284-b, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5895
2013-2014: S3290
2015-2016: S3078

2017-S4580 (ACTIVE) - Summary

Creates the federal tax elimination supplemental tax to take effect if the federal fuel tax rate is reduced below 5 cents per gallon.

2017-S4580 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4580

 TITLE OF BILL :

An act to amend the tax law, in relation to the creation of the
federal tax elimination supplemental tax

 PURPOSE OR GENERAL IDEA OF BILL :

To allow citizens who were denied access to information under FOIL to
seek redress with the attorney general.

 SUMMARY OF SPECIFIC PROVISIONS :

Adds a new section to Subdivision 4 of section 89 of the public
officers law by establishing a new construct.

*Allows citizens that were denied a request for information under FOIL
to appeal within 30 days to the attorney general's office.

*After such appeal is made, the attorney general has 20 days to
determine whether the appeal is meritorious or non-meritorious and
summarize the findings.

*If the request is considered non-meritorious, the person requesting
may proceed by commencing a civil action in court.

*If the appeal is considered meritorious, the attorney general may
order the agency to provide the records sought.

 JUSTIFICATION :

Currently, those denied access to records under the Freedom of
Information Law must commence an action in court to appeal the
decision by the government agency. This particular method of appeal
dissuades many from advancing legitimate claims. In an effort to
ensure greater compliance with the law, allowing the attorney general
the power to review claims will allow more access to public records.
Justice Brandeis's oft quoted statement, "Sunlight is the best
disinfectant," remains a powerful reminder that citizens deserve full
access to their government. This bill would empower more citizens.

 FISCAL IMPLICATIONS :

Not known.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that the department of law is
authorized to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective
date on or before such a date.

2017-S4580 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4580
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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 the creation of the  federal
   tax elimination supplemental tax
 
   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  section  284-b  to
 read as follows:
   §  284-B.  FEDERAL TAX ELIMINATION SUPPLEMENTAL TAX. 1. IF THE FEDERAL
 FUEL TAX IS BELOW THE RATE OF FIVE CENTS PER  GALLON,  THERE  IS  HEREBY
 LEVIED  AND  IMPOSED  AN  EXCISE TAX OF NINE CENTS PER GALLON UPON MOTOR
 FUEL (A) IMPORTED INTO OR CAUSED TO BE IMPORTED  INTO  THE  STATE  BY  A
 DISTRIBUTOR  FOR USE, DISTRIBUTION, STORAGE OR SALE IN THE STATE OR UPON
 MOTOR FUEL WHICH IS PRODUCED, REFINED, MANUFACTURED OR COMPOUNDED  BY  A
 DISTRIBUTOR  IN THE STATE (WHICH ACTS SHALL HEREINAFTER IN THIS SUBDIVI-
 SION BE ENCOMPASSED BY THE PHRASE "IMPORTED OR MANUFACTURED") OR (B)  IF
 THE  TAX  HAS NOT BEEN IMPOSED PRIOR TO ITS SALE IN THIS STATE, WHICH IS
 SOLD BY A DISTRIBUTOR (WHICH ACT, IN CONJUNCTION WITH THE ACTS DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION, SHALL HEREINAFTER IN THIS  ARTICLE
 BE  ENCOMPASSED  BY THE PHRASE "IMPORTED, MANUFACTURED OR SOLD"), EXCEPT
 WHEN IMPORTED, MANUFACTURED OR SOLD UNDER CIRCUMSTANCES  WHICH  PRECLUDE
 THE  COLLECTION  OF SUCH TAX BY REASON OF THE UNITED STATES CONSTITUTION
 AND OF LAWS OF THE  UNITED  STATES  ENACTED  PURSUANT  THERETO  OR  WHEN
 IMPORTED  OR  MANUFACTURED BY AN ORGANIZATION DESCRIBED IN PARAGRAPH ONE
 OR TWO OF SUBDIVISION (A) OF SECTION  ELEVEN  HUNDRED  SIXTEEN  OF  THIS
 CHAPTER  OR  A HOSPITAL INCLUDED IN THE ORGANIZATIONS DESCRIBED IN PARA-
 GRAPH FOUR OF SUCH SUBDIVISION FOR ITS OWN USE OR CONSUMPTION AND EXCEPT
 KERO-JET FUEL WHEN IMPORTED OR MANUFACTURED BY AN AIRLINE FOR USE IN ITS
 AIRPLANES. PROVIDED, FURTHER, NO MOTOR FUEL SHALL  BE  INCLUDED  IN  THE
 MEASURE  OF  THE TAX UNLESS IT SHALL HAVE PREVIOUSLY COME TO REST WITHIN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05943-01-7

 S. 4580                             2
 
 THE MEANING OF FEDERAL DECISIONAL LAW  INTERPRETING  THE  UNITED  STATES
 CONSTITUTION.  ALL  TAX FOR THE PERIOD FOR WHICH A RETURN IS REQUIRED TO
 BE FILED SHALL BE DUE ON THE DATE LIMITED FOR THE FILING OF  THE  RETURN
 FOR  SUCH  PERIOD,  REGARDLESS  OF  WHETHER  A  RETURN  IS FILED BY SUCH
 DISTRIBUTOR AS REQUIRED BY THIS ARTICLE OR WHETHER THE RETURN  WHICH  IS
 FILED CORRECTLY SHOWS THE AMOUNT OF TAX DUE.
   2.  ALL  TAXES  COLLECTED  PURSUANT TO THIS SECTION SHALL BE DEPOSITED
 PROPORTIONATELY INTO THE FOLLOWING ACCOUNTS: THREE-QUARTERS TO THE DEDI-
 CATED HIGHWAY AND BRIDGE TRUST  FUND  ESTABLISHED  PURSUANT  TO  SECTION
 EIGHTY-NINE-B OF THE STATE FINANCE LAW, AND ONE-QUARTER TO THE DEDICATED
 MASS  TRANSPORTATION  TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-
 NINE-C OF THE STATE FINANCE LAW.
   § 2. This act shall take effect immediately.

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