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Assembly Bill A9713

2021-2022 Legislative Session

Requires municipal gas tax caps expire after one year

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Archive: Last Bill Status - In Assembly Committee

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2021-A9713 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §1111, Tax L

2021-A9713 (ACTIVE) - Summary

Requires municipal gas tax caps expire after one year; provides such gas tax cap can be renewed any number of times.

2021-A9713 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9713
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. BYRNE -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the tax law, in relation to requiring municipal gas  tax
   caps expire after one year
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs 3 and 4 of subdivision (m) of  section  1111  of
 the  tax  law, as amended by section 1 of part M-1 of chapter 109 of the
 laws of 2006, are amended to read as follows:
   (3) Paragraph one of this subdivision shall not apply to the sales and
 compensating use taxes imposed by  subdivision  (a)  of  section  eleven
 hundred  seven  of  this article in regard to retail sales of motor fuel
 and diesel motor fuel. However, the legislative body of a city in  which
 the taxes imposed by such section eleven hundred seven are in effect, by
 local  law, ordinance, or resolution in exactly the form prepared by the
 commissioner, may elect that such taxes, in regard to  retail  sales  of
 motor  fuel  and  diesel motor fuel, shall be computed, as determined by
 the commissioner, at a rate of cents per gallon, rounded to the  nearest
 cent,  equal to two or three dollars, as determined by the municipality,
 multiplied by the percentage rate of such taxes within the municipality.
 SUCH LOCAL LAW, ORDINANCE, OR RESOLUTION SHALL EXPIRE ONE YEAR AFTER THE
 DATE ON WHICH IT IS ENACTED; PROVIDED, HOWEVER,  SUCH  LEGISLATIVE  BODY
 MAY  ENACT  ANY  NUMBER  OF SUBSEQUENT LOCAL LAWS, ORDINANCES, OR RESOL-
 UTIONS IN ACCORDANCE WITH THIS PARAGRAPH.
   (4) Paragraph one of this subdivision shall not apply to the sales and
 compensating use taxes imposed by a local law, ordinance  or  resolution
 of  a municipality pursuant to the authority of subpart B of part one of
 article twenty-nine of this chapter, in regard to retail sales of  motor
 fuel and diesel motor fuel. The legislative body of such a municipality,
 by  local  law,  ordinance or resolution in exactly the form prepared by
 the commissioner, may elect that its sales and compensating  use  taxes,
 in  regard to the retail sale of motor fuel and diesel motor fuel, shall
 be computed, as determined by the commissioner, at a rate of  cents  per
 gallon,  rounded  to the nearest cent, equal to two or three dollars, as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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