Bill Text: NY A02895 | 2023-2024 | General Assembly | Amended

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Bill Title: Directs payment of certain internet sales and use taxes into the central business district tolling capital lockbox fund partially dedicated for the MTA to be made without appropriation.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-01-03 - referred to ways and means [A02895 Detail]

Download: New_York-2023-A02895-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2895--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 31, 2023
                                       ___________

        Introduced  by  M.  of  A. GONZALEZ-ROJAS, MAMDANI, DINOWITZ, SEAWRIGHT,
          SEPTIMO, SIMONE,  GALLAGHER,  MITAYNES,  SHRESTHA,  CARROLL,  HYNDMAN,
          CUNNINGHAM,  SIMON,  DARLING,  TAPIA  -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend the state finance law, the public authorities law and
          the tax law, in relation to directing payment of  certain  taxes  into
          the  central business district tolling capital lockbox fund to be made
          without appropriation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 4 of the state finance law is amended by adding a
     2  new subdivision 14 to read as follows:
     3    14. Notwithstanding subdivision one of this section and any other  law
     4  to the contrary, the revenue (including fees, taxes, interest and penal-
     5  ties)  from the taxes imposed pursuant to subparagraph (ii) of paragraph
     6  five of subdivision (c) of section twelve hundred sixty-one of  the  tax
     7  law  which  are  paid in accordance with subdivision one of section five
     8  hundred fifty-three-j of the public authorities  law  into  the  central
     9  business  district  tolling  capital lockbox fund established by section
    10  five hundred fifty-three-j of the public authorities law shall be  allo-
    11  cated pursuant to statute but without appropriation.
    12    § 2. Subdivision 3 of section 99-ff of the state finance law, as added
    13  by  section  6-c of part G of chapter 59 of the laws of 2019, is amended
    14  to read as follows:
    15    3. Uses of funds. [Following appropriation by the legislature, moneys]
    16  Moneys shall be available  for  distribution  to  the  central  business
    17  district  tolling  capital  lockbox fund established pursuant to section
    18  five hundred fifty-three-j of the public authorities law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02284-02-3
        A. 2895--A                          2

     1    § 3. Subdivision 1 of section 553-j of the public authorities law,  as
     2  added by section 5 of subpart A of part ZZZ of chapter 59 of the laws of
     3  2019, is amended to read as follows:
     4    1.  The  authority  shall  establish a fund to be known as the central
     5  business district tolling capital lockbox fund which shall be kept sepa-
     6  rate from and shall not be commingled  with  any  other  monies  of  the
     7  authority. The fund shall consist of all monies received by the authori-
     8  ty  pursuant  to  article  forty-four-C  of the vehicle and traffic law,
     9  subdivision twelve-a of section five hundred fifty-three of this  title,
    10  and  revenues  of  the  real  estate  transfer tax deposited pursuant to
    11  subdivision (b) of section fourteen hundred twenty-one of the  tax  law,
    12  and  sales  tax  pursuant  to  subdivision (c) of section eleven hundred
    13  forty-eight of the tax law,  [subparagraph  (B)  of  paragraph  five  of
    14  subdivision (c) of section twelve hundred sixty-one of the tax law, and]
    15  funds  appropriated from the central business district trust fund estab-
    16  lished pursuant to section [ninty-nine-ff] ninety-nine-ff of  the  state
    17  finance  law,  and,  without appropriation, the revenue including taxes,
    18  interest and penalties collected in accordance with subparagraph (ii) of
    19  paragraph five of subdivision (c) of section twelve hundred sixty-one of
    20  the tax law.
    21    § 4. Subdivision (c) of section 1148 of  the  tax  law,  as  added  by
    22  section  6-a  of part G of chapter 59 of the laws of 2019, is amended to
    23  read as follows:
    24    (c) Provided however, after funds are distributed pursuant to subdivi-
    25  sion (b) of this section but before such funds are distributed  pursuant
    26  to  subdivision  (a)  of  this  section, funds shall be deposited by the
    27  comptroller into the New  York  central  business  district  trust  fund
    28  established  pursuant to section ninety-nine-ff of the state finance law
    29  in accordance with the following schedule: (1) in state fiscal year  two
    30  thousand nineteen - two thousand twenty, one hundred twelve million five
    31  hundred thousand dollars; (2) in state fiscal year two thousand twenty -
    32  two  thousand  twenty-one, one hundred fifty million dollars; and (3) in
    33  state fiscal year two thousand twenty-one - two thousand twenty-two  and
    34  every  succeeding  state fiscal year, an amount equal to one hundred one
    35  percent of the amount  deposited  in  the  immediately  preceding  state
    36  fiscal  year.  The  funds  deposited  into the New York central business
    37  district trust fund shall be deposited  monthly  in  equal  installments
    38  without appropriation.
    39    §  5.  Subparagraph  (ii) of paragraph 5 of subdivision (c) of section
    40  1261 of the tax law, as amended by section 2 of part RR of chapter 57 of
    41  the laws of 2022, is amended to read as follows:
    42    (ii) After withholding the taxes, penalties and  interest  imposed  by
    43  the  city  of  New York on and after August first, two thousand eight as
    44  provided in subparagraph (i) of this paragraph,  the  comptroller  shall
    45  withhold  a  portion of such taxes, penalties and interest sufficient to
    46  deposit annually into the  central  business  district  tolling  capital
    47  lockbox  established  pursuant  to section five hundred fifty-three-j of
    48  the public authorities law: (A) in state fiscal year two thousand  nine-
    49  teen  -  two  thousand  twenty,  one  hundred  twenty-seven million five
    50  hundred thousand dollars; (B) in state fiscal year two thousand twenty -
    51  two thousand twenty-one, one hundred seventy  million  dollars;  (C)  in
    52  state  fiscal year two thousand twenty-one - two thousand twenty-two and
    53  every succeeding state fiscal year, an amount equal to one  hundred  one
    54  percent  of  the  amount  deposited  in  the immediately preceding state
    55  fiscal year. The funds shall be deposited monthly in equal  installments
    56  without  appropriation.  During  the  period  that  the  comptroller  is
        A. 2895--A                          3

     1  required to withhold amounts and make payments described in  this  para-
     2  graph,  the  city  of  New York has no right, title or interest in or to
     3  those taxes, penalties and interest required to be paid into  the  above
     4  referenced  central  business district tolling capital lockbox. In addi-
     5  tion, the comptroller shall withhold a portion of such taxes,  penalties
     6  and  interest  in the amount of one hundred fifty million dollars, to be
     7  withheld in four quarterly  installments  on  January  fifteenth,  April
     8  fifteenth,  July fifteenth and October fifteenth of each year, and shall
     9  deposit such  amounts  into  the  New  York  State  Agency  Trust  Fund,
    10  Distressed Provider Assistance Account.
    11    §  6.  Subparagraph  (ii) of paragraph 5 of subdivision (c) of section
    12  1261 of the tax law, as added by section 6-b of part G of chapter 59  of
    13  the laws of 2019, is amended to read as follows:
    14    (ii)  After  withholding  the taxes, penalties and interest imposed by
    15  the city of New York on and after August first, two  thousand  eight  as
    16  provided  in  subparagraph  (i) of this paragraph, the comptroller shall
    17  withhold a portion of such taxes, penalties and interest  sufficient  to
    18  deposit  annually  into  the  central  business district tolling capital
    19  lockbox established pursuant to section five  hundred  fifty-three-j  of
    20  the  public authorities law: (A) in state fiscal year two thousand nine-
    21  teen - two  thousand  twenty,  one  hundred  twenty-seven  million  five
    22  hundred thousand dollars; (B) in state fiscal year two thousand twenty -
    23  two thousand twenty-one, one hundred seventy million dollars; and (C) in
    24  state  fiscal year two thousand twenty-one - two thousand twenty-two and
    25  every succeeding state fiscal year, an amount equal to one  hundred  one
    26  percent  of  the  amount  deposited  in  the immediately preceding state
    27  fiscal year. The funds shall be deposited monthly in equal  installments
    28  without  appropriation.  During  the  period  that  the  comptroller  is
    29  required to withhold amounts and make payments described in  this  para-
    30  graph,  the  city  of  New York has no right, title or interest in or to
    31  those taxes, penalties and interest required to be paid into  the  above
    32  referenced central business district tolling capital lockbox.
    33    §  7. This act shall take effect immediately; provided that the amend-
    34  ments to subparagraph (ii) of paragraph 5 of subdivision (c) of  section
    35  1261 of the tax law made by section five of this act shall be subject to
    36  the  expiration and reversion of such subparagraph pursuant to section 5
    37  of part ZZ of chapter 56 of the laws of 2020, as amended, when upon such
    38  date the provisions of section six of this act shall take effect.