Assembly Bill A5812

2021-2022 Legislative Session

Provides motor fuel tax exemption for sales of diesel motor fuel used in vessels used directly in a business providing sport fishing opportunities

download bill text pdf

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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

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2021-A5812 (ACTIVE) - Details

See Senate Version of this Bill:
S5166
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §§300, 301-a, 301-c, 1115 & 1210, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9999, S7145
2013-2014: A1218, S1766
2015-2016: A151, S330
2017-2018: A6328, S4820
2019-2020: A5512, S3719
2023-2024: A3853, S2261

2021-A5812 (ACTIVE) - Summary

Provides motor fuel tax exemption for sales of diesel motor fuel used in vessels used directly in a business providing sport fishing opportunities for hire to the general public from the tax on petroleum businesses and from sales and compensating use taxes.

2021-A5812 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5166                                                  A. 5812
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
   ed,  and  when  printed to be committed to the Committee on Budget and
   Revenue
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to the Committee on Ways and Means

 AN  ACT  to  amend  the  tax  law, in relation to exempting fuel used in
   vessels used directly and predominantly in a business providing  sport
   fishing  opportunities  for hire to the general public from the tax on
   petroleum businesses and from sales and compensating use taxes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section  300  of the tax law is amended by adding a new
 subdivision (j-1) to read as follows:
   (J-1) "COMMERCIAL SPORT FISHING VESSEL" MEANS  A  VESSEL  OWNED  BY  A
 PERSON,  WHO  HAS  BEEN  ISSUED  AND HOLDS A MARINE AND COASTAL DISTRICT
 PARTY AND CHARTER BOAT LICENSE PURSUANT TO SECTION 13-0336 OF THE  ENVI-
 RONMENTAL CONSERVATION LAW.
   §  2.  Paragraph 2 of subdivision (b) of section 301-a of the tax law,
 as added by section 154 of part A of chapter 389 of the laws of 1997, is
 amended to read as follows:
   (2) Motor fuel brought into this state in  the  fuel  tank  connecting
 with  the  engine  of  a  vessel propelled by the use of such motor fuel
 shall be deemed to constitute a  taxable  use  of  motor  fuel  for  the
 purposes  of this subdivision to the extent that the fuel is consumed in
 the operation of the vessel in this state. Provided, however, that  this
 paragraph  shall  not  apply  to  (i)  a recreational motor boat or (ii)
 subsequent to  August  thirty-first,  nineteen  hundred  ninety-four,  a
 commercial  fishing  vessel  (as  defined  in subdivision (j) of section
 three hundred of this article) if the motor fuel imported  and  consumed
 in  this state is used to operate such vessel while it is engaged in the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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