The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8415
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the tax law, in relation to an excise tax on the sale of
   ammunition
 
   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 article 19-A to read
 as follows:
                               ARTICLE 19-A
                         EXCISE TAX ON AMMUNITION
 SECTION 460. IMPOSITION OF TAX.
         461  DEPOSIT AND DISPOSITION OF REVENUE.
         462. ADMINISTRATIVE PROVISIONS.
   § 460. IMPOSITION OF TAX. 1. THERE IS HEREBY  LEVIED  AND  IMPOSED  AN
 EXCISE TAX ON THE RETAIL SALE OF AMMUNITION AT THE FOLLOWING RATES:
   (A)  AMMUNITION  THAT  CONTAINS  A SINGLE PROJECTILE THAT MEASURES .22
 CALIBER OR LESS SOLD AT RETAIL SHALL BE TAXED AT A RATE OF TWO CENTS PER
 PROJECTILE.
   (B) ALL OTHER AMMUNITION OTHER THAN THAT SPECIFIED IN PARAGRAPH (A) OF
 THIS SUBDIVISION AND SOLD AT RETAIL SHALL BE TAXED AT  A  RATE  OF  FIVE
 CENTS PER PROJECTILE.
   2.  THE TAX RATES SET FORTH IN THIS SECTION SHALL BE REVIEWED ANNUALLY
 AND ADJUSTED PERIODICALLY BY THE COMMISSIONER AS NEEDED  TO  MAINTAIN  A
 CONSISTENT EFFECT RELATIVE TO INFLATION.
   §  461.  DEPOSIT  AND  DISPOSITION OF REVENUE. ALL TAXES, INTEREST AND
 PENALTIES  COLLECTED  OR  RECEIVED  BY  THE  COMMISSIONER   UNDER   THIS
 ARTICLE    SHALL    BE    DEPOSITED  AND  DISPOSED  OF   PURSUANT TO THE
 PROVISIONS  OF  SECTION  ONE  HUNDRED  SEVENTY-ONE-A  OF  THIS  CHAPTER,
 PROVIDED  THAT  AN  AMOUNT  EQUAL TO ONE HUNDRED PERCENT COLLECTED UNDER
 THIS ARTICLE LESS ANY AMOUNT DETERMINED  BY  THE  COMMISSIONER  TO    BE
 RESERVED  BY THE COMPTROLLER FOR REFUNDS OR REIMBURSEMENTS SHALL BE PAID
 BY  THE  COMPTROLLER  TO THE CREDIT OF   THE  GUN VIOLENCE RESEARCH FUND
 CREATED IN SECTION EIGHTY-SIX OF THE  STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14598-01-2

 S. 8415                             2
 
   § 462. ADMINISTRATIVE PROVISIONS. THE  TAX  IMPOSED  BY  THIS  SECTION
 SHALL  BE  ADMINISTERED  AND  COLLECTED  IN  A  LIKE MANNER AS THE TAXES
 IMPOSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, AND THE  DEFINITIONS
 AND  THE PROVISIONS APPLICABLE TO THE ADMINISTRATION, COLLECTION, DETER-
 MINATION,  ENFORCEMENT,  AND DISPOSITION OF THE TAXES IMPOSED BY ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER SHALL APPLY TO  THE  TAX  IMPOSED  BY  THIS
 SECTION  INSOFAR  AS  SUCH PROVISIONS CAN BE MADE APPLICABLE TO SUCH TAX
 WITH THE LIMITATIONS SET FORTH HEREIN AND SUCH MODIFICATIONS AS  MAY  BE
 NECESSARY  IN  ORDER  TO  ADAPT SUCH PROVISIONS TO THE TAX IMPOSED. SUCH
 PROVISIONS SHALL APPLY WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE
 OF SUCH PROVISIONS HAD BEEN SET FORTH IN FULL IN THIS  SECTION  AND  HAD
 BEEN EXPRESSLY REFERRED TO THE TAX IMPOSED BY THIS SECTION EXCEPT TO THE
 EXTENT THAT ANY OF SUCH PROVISIONS IS EITHER INCONSISTENT WITH OR IS NOT
 RELEVANT TO THIS SECTION.
   §  2.  This  act  shall  take effect on the first day of the quarterly
 sales tax period, as set forth in subdivision (b) of section 1136 of the
 tax law, next succeeding the ninetieth day after it shall have become  a
 law,  and  shall  apply  in  accordance with the applicable transitional
 provisions of section 1106 of the tax law.