Bill Text: NY S03078 | 2015-2016 | General Assembly | Introduced
Bill Title: Creates the federal tax elimination supplemental tax to take effect if the federal fuel tax rate is reduced below 5 cents per gallon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03078 Detail]
Download: New_York-2015-S03078-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3078 2015-2016 Regular Sessions I N S E N A T E February 2, 2015 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the tax law, in relation to the creation of the federal tax elimination supplemental tax THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The tax law is amended by adding a new section 284-b to 2 read as follows: 3 S 284-B. FEDERAL TAX ELIMINATION SUPPLEMENTAL TAX. 1. IF THE FEDERAL 4 FUEL TAX IS BELOW THE RATE OF FIVE CENTS PER GALLON, THERE IS HEREBY 5 LEVIED AND IMPOSED AN EXCISE TAX OF NINE CENTS PER GALLON UPON MOTOR 6 FUEL (A) IMPORTED INTO OR CAUSED TO BE IMPORTED INTO THE STATE BY A 7 DISTRIBUTOR FOR USE, DISTRIBUTION, STORAGE OR SALE IN THE STATE OR UPON 8 MOTOR FUEL WHICH IS PRODUCED, REFINED, MANUFACTURED OR COMPOUNDED BY A 9 DISTRIBUTOR IN THE STATE (WHICH ACTS SHALL HEREINAFTER IN THIS SUBDIVI- 10 SION BE ENCOMPASSED BY THE PHRASE "IMPORTED OR MANUFACTURED") OR (B) IF 11 THE TAX HAS NOT BEEN IMPOSED PRIOR TO ITS SALE IN THIS STATE, WHICH IS 12 SOLD BY A DISTRIBUTOR (WHICH ACT, IN CONJUNCTION WITH THE ACTS DESCRIBED 13 IN PARAGRAPH (A) OF THIS SUBDIVISION, SHALL HEREINAFTER IN THIS ARTICLE 14 BE ENCOMPASSED BY THE PHRASE "IMPORTED, MANUFACTURED OR SOLD"), EXCEPT 15 WHEN IMPORTED, MANUFACTURED OR SOLD UNDER CIRCUMSTANCES WHICH PRECLUDE 16 THE COLLECTION OF SUCH TAX BY REASON OF THE UNITED STATES CONSTITUTION 17 AND OF LAWS OF THE UNITED STATES ENACTED PURSUANT THERETO OR WHEN 18 IMPORTED OR MANUFACTURED BY AN ORGANIZATION DESCRIBED IN PARAGRAPH ONE 19 OR TWO OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SIXTEEN OF THIS 20 CHAPTER OR A HOSPITAL INCLUDED IN THE ORGANIZATIONS DESCRIBED IN PARA- 21 GRAPH FOUR OF SUCH SUBDIVISION FOR ITS OWN USE OR CONSUMPTION AND EXCEPT 22 KERO-JET FUEL WHEN IMPORTED OR MANUFACTURED BY AN AIRLINE FOR USE IN ITS 23 AIRPLANES. PROVIDED, FURTHER, NO MOTOR FUEL SHALL BE INCLUDED IN THE 24 MEASURE OF THE TAX UNLESS IT SHALL HAVE PREVIOUSLY COME TO REST WITHIN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05459-01-5 S. 3078 2 1 THE MEANING OF FEDERAL DECISIONAL LAW INTERPRETING THE UNITED STATES 2 CONSTITUTION. ALL TAX FOR THE PERIOD FOR WHICH A RETURN IS REQUIRED TO 3 BE FILED SHALL BE DUE ON THE DATE LIMITED FOR THE FILING OF THE RETURN 4 FOR SUCH PERIOD, REGARDLESS OF WHETHER A RETURN IS FILED BY SUCH 5 DISTRIBUTOR AS REQUIRED BY THIS ARTICLE OR WHETHER THE RETURN WHICH IS 6 FILED CORRECTLY SHOWS THE AMOUNT OF TAX DUE. 7 2. ALL TAXES COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOSITED 8 PROPORTIONATELY INTO THE FOLLOWING ACCOUNTS: THREE-QUARTERS TO THE DEDI- 9 CATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION 10 EIGHTY-NINE-B OF THE STATE FINANCE LAW, AND ONE-QUARTER TO THE DEDICATED 11 MASS TRANSPORTATION TRUST FUND ESTABLISHED PURSUANT TO SECTION 12 EIGHTY-NINE-C OF THE STATE FINANCE LAW. 13 S 2. This act shall take effect immediately.