Bill Text: NY A06561 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to guaranteed shares of revenue of the metropolitan commuter transportation mobility tax; provides that monies in the mobility tax trust account shall be paid over directly to the chief financial officer of each respective county of the district to defray certain transportation, maintenance, and operation costs.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A06561 Detail]
Download: New_York-2017-A06561-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6561 2017-2018 Regular Sessions IN ASSEMBLY March 9, 2017 ___________ Introduced by M. of A. RAMOS -- Multi-Sponsored by -- M. of A. ENGLE- BRIGHT, SOLAGES, THIELE -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, the state finance law and the public authorities law, in relation to guaranteed shares of revenue of the metropolitan commuter transportation mobility tax The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsections (a) and (b) of section 805 of the tax law, as 2 added by section 1 of part C of chapter 25 of the laws of 2009, are 3 amended to read as follows: 4 (a) The taxes, interest, and penalties imposed by this article and 5 collected or received by the commissioner shall be deposited daily with 6 such responsible banks, banking houses or trust companies, as may be 7 designated by the comptroller, to the credit of the comptroller in trust 8 for the metropolitan transportation authority and each respective coun- 9 ty of the district as defined by section one thousand two hundred 10 sixty-two of the public authorities law. An account may be established 11 in one or more of such depositories. Such deposits will be kept separate 12 and apart from all other money in the possession of the comptroller. The 13 comptroller shall require adequate security from all such depositories. 14 Of the total revenue collected or received under this article, the comp- 15 troller shall retain such amount as the commissioner may determine to be 16 necessary for refunds under this article. The commissioner is authorized 17 and directed to deduct from the amounts it receives under this article, 18 before deposit into the trust accounts designated by the comptroller, a 19 reasonable amount necessary to effectuate refunds of appropriations of 20 the department to reimburse the department for the costs incurred to 21 administer, collect and distribute the taxes imposed by this article. 22 (b) On or before the twelfth and twenty-sixth day of each succeeding 23 month, after reserving such amount for such refunds and deducting such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06826-01-7A. 6561 2 1 amounts for such costs, as provided for in subsection (a) of this 2 section, the commissioner shall certify to the comptroller the amount of 3 all revenues so received during the prior month as a result of the 4 taxes, interest and penalties so imposed. The amount of revenues so 5 certified shall be paid over by the fifteenth and the final business day 6 of each succeeding month from such account into the mobility tax trust 7 account of the metropolitan transportation authority financial assist- 8 ance fund established pursuant to section ninety-two-ff of the state 9 finance law, for payment, to each respective county of the district and 10 as pursuant to appropriations by the legislature to the metropolitan 11 transportation authority finance fund established pursuant to section 12 twelve hundred seventy-h of the public authorities law. 13 § 2. Paragraph (b) of subdivision five of section 92-ff of the state 14 finance law, as added by section 1 of part G of chapter 25 of the laws 15 of 2009, is amended to read as follows: 16 (b) Moneys in the "mobility tax trust account" shall[,] be paid over 17 directly to the chief financial officer of each respective county of the 18 district, in an amount sufficient to defray (i) fifty percent of the 19 local share of operation and maintenance costs for public bus service 20 and (ii) subject to the provisions of section one thousand two hundred 21 seventy-seven of the public authorities law, fifty percent of station 22 operation and maintenance cost, and pursuant to appropriation by the 23 legislature, be transferred on a monthly basis to the metropolitan 24 transportation authority finance fund established by section twelve 25 hundred seventy-h of the public authorities law and utilized in accord- 26 ance with said section. It is the intent of the legislature to enact two 27 appropriations from the mobility tax trust account to the metropolitan 28 transportation authority finance fund established by section twelve 29 hundred seventy-h of the public authorities law. One such appropriation 30 shall be equal to the amounts expected to be available for such purpose 31 pursuant to article twenty-three of the tax law or from any other monies 32 described in paragraph (a) of this subdivision during the two thousand 33 nine--two thousand ten fiscal year and shall be effective in that fiscal 34 year. The other such appropriation shall be equal to the amounts 35 expected to be available for such purpose pursuant to article twenty- 36 three of the tax law or from any other monies described in paragraph (a) 37 of this subdivision during the two thousand ten--two thousand eleven 38 fiscal year and shall, notwithstanding the provisions of section forty 39 of this chapter, take effect on the first day of the two thousand ten-- 40 two thousand eleven fiscal year and lapse on the last day of that fiscal 41 year. It is the intent of the governor to submit and the legislature to 42 enact for each fiscal year after the two thousand nine--two thousand ten 43 fiscal year in an annual budget bill: (i) an appropriation for the 44 amount expected to be available in the mobility tax trust account during 45 such fiscal year for the metropolitan transportation authority pursuant 46 to article twenty-three of the tax law or any other monies described in 47 paragraph (a) of this subdivision; and (ii) an appropriation for the 48 amount projected by the director of the budget to be deposited in the 49 mobility tax trust account pursuant to article twenty-three of the tax 50 law or from any other monies described in paragraph (a) of this subdivi- 51 sion for the next succeeding fiscal year. Such appropriation for payment 52 of revenues projected to be deposited in the succeeding fiscal year 53 shall, notwithstanding the provisions of section forty of this chapter, 54 take effect on the first day of such succeeding fiscal year and lapse on 55 the last day of such fiscal year. If for any fiscal year commencing on 56 or after the first day of April, two thousand ten the governor fails toA. 6561 3 1 submit a budget bill containing the foregoing, or the legislature fails 2 to enact a bill with such provisions, then the metropolitan transporta- 3 tion authority shall notify the comptroller, the director of the budget, 4 the chairperson of the senate finance committee and the chairperson of 5 the assembly ways and means committee of amounts required to be 6 disbursed from the appropriation made during the preceding fiscal year 7 for payment in such fiscal year. In no event shall the comptroller make 8 any payments from such appropriation prior to May first of such fiscal 9 year, and unless and until the director of the budget, the chairperson 10 of the senate finance committee and the chairperson of the assembly ways 11 and means committee have been notified of the required payments and the 12 timing of such payments to be made from the mobility tax trust account 13 to the metropolitan transportation authority finance fund established by 14 section twelve hundred seventy-h of the public authorities law at least 15 forty-eight hours prior to any such payments. Until such time as 16 payments pursuant to such appropriation are made in full, revenues in 17 the mobility tax trust account shall not be paid over to any person 18 other than the metropolitan transportation authority. 19 § 3. The closing paragraph of section 1277 of the public authorities 20 law, as amended by chapter 161 of the laws of 2000, is amended to read 21 as follows: 22 In the event that a city or county shall fail to make payment to the 23 authority for station maintenance as required pursuant to this section, 24 or any part thereof, the chief executive officer of the authority or 25 such other person as the chairman shall designate shall certify to the 26 state comptroller the amount due and owing the authority at the end of 27 the state fiscal year and the state comptroller shall withhold an equiv- 28 alent amount from the next succeeding state aid allocated to such county 29 or city from the motor fuel tax and the motor vehicle registration fee 30 distributed pursuant to former section one hundred twelve of the highway 31 law, or amounts distributed pursuant to section ten-c of the highway 32 law, or per capita local assistance pursuant to section fifty-four of 33 the state finance law, or local assistance pursuant to paragraph (b) of 34 subdivision five of section ninety-two-ff of the state finance law 35 subject to the following limitations: prior to withholding amounts due 36 the authority from such county or city, the comptroller shall pay in 37 full any amount due the state of New York municipal bond bank agency, on 38 account of any such county's or city's obligation to such agency; the 39 city university construction fund pursuant to the provisions of the city 40 university construction fund act; the New York city housing development 41 corporation, pursuant to the provisions of the New York city housing 42 development corporation act (article twelve of the private housing 43 finance law); and the transit construction fund pursuant to the 44 provisions of title nine-A of this article [five of this chapter]. The 45 comptroller shall give the director of the budget notification of any 46 such payment. Such amount or amounts so withheld by the comptroller 47 shall be paid to the authority and the authority shall use such amount 48 for the repayment of the state advances hereby authorized. When such 49 amount or amounts are received by the authority, it shall credit such 50 amounts against any amounts due and owing by the city or county on whose 51 account such amount was withheld and paid. 52 § 4. This act shall take effect immediately.
