Bill Text: NY S09516 | 2021-2022 | General Assembly | Amended
Bill Title: Provides for the suspension of taxes on gasoline and similar motor fuels between 04/01/2022 and 09/05/2023.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-08-03 - PRINT NUMBER 9516A [S09516 Detail]
Download: New_York-2021-S09516-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9516--A IN SENATE July 29, 2022 ___________ Introduced by Sen. MATTERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law and the general business law, in relation to suspending taxes on gasoline and similar motor fuels between April 1, 2022 and September 5, 2023; and to amend the state finance law, in relation to dedicated highway and bridge trust fund set asides; and providing for the repeal of such provisions upon expiration thereof 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 289-g to 2 read as follows: 3 § 289-g. Exemption period for tax on gasoline and similar motor fuels. 4 Notwithstanding any other law, rule or regulation to the contrary, taxes 5 pursuant to the provisions of this article shall not be imposed on sales 6 made during the period commencing April first, two thousand twenty-two 7 and ending September fifth, two thousand twenty-three. 8 § 2. Subdivision (a) of section 1115 of the tax law is amended by 9 adding a new paragraph 47 to read as follows: 10 (47) Notwithstanding any other provision of law to the contrary, motor 11 fuel and diesel motor fuel suitable for use in operation of a motor 12 vehicle engine, on sales made during the period commencing April first, 13 two thousand twenty-two and ending September fifth, two thousand twen- 14 ty-three. This paragraph only pertains to taxes imposed by sections 15 eleven hundred five and eleven hundred ten of this article. 16 § 3. Section 301-b of the tax law is amended by adding a new subdivi- 17 sion (k) to read as follows: 18 (k) Any gallonage sold by a petroleum business during the period 19 commencing April first, two thousand twenty-two and ending September 20 fifth, two thousand twenty-three. 21 § 4. Section 392-i of the general business law, as amended by section 22 5 of part M-1 of chapter 109 of the laws of 2006, is amended to read as 23 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16175-02-2S. 9516--A 2 1 § 392-i. Prices reduced to reflect change in sales tax computation. 2 Every person engaged in the retail sale of motor fuel and/or diesel 3 motor fuel or a distributor of such fuels, as defined in article 4 twelve-A of the tax law, shall reduce the price such person charges for 5 motor fuel and/or diesel motor fuel in an amount equal to any reduction 6 in taxes prepaid by the distributor or paid by retail customers result- 7 ing from computing sales and compensating use and other taxes at a cents 8 per gallon rate pursuant to the provisions of paragraph two of subdivi- 9 sion (e) and subdivision (m) of section eleven hundred eleven of the tax 10 law, section two hundred eighty-nine-g of the tax law, paragraph forty- 11 seven of subdivision (a) of section eleven hundred fifteen of the tax 12 law, and section three hundred one-b of the tax law. 13 § 5. Paragraph (f) of subdivision 3 of section 89-b of the state 14 finance law, as amended by chapter 56 of the laws of 1993, is amended to 15 read as follows: 16 (f) In the event that the amount set aside by the comptroller pursuant 17 to paragraph (e) of this subdivision is not sufficient to meet the dedi- 18 cated highway and bridge trust fund cooperative agreement payments 19 required pursuant to a certificate or certificates submitted by the 20 chairperson pursuant to subdivision two of section three hundred eight- 21 y-five of the public authorities law, the comptroller shall immediately 22 transfer first from the highway and bridge capital account, and then, if 23 necessary, from the general fund to the special obligation reserve and 24 payment account, an amount which, when combined with the amount set 25 aside pursuant to paragraph (e) of this subdivision, shall be sufficient 26 to make the dedicated highway and bridge trust fund cooperative agree- 27 ment payments required pursuant to such certificate or certificates. 28 Following such an event, the comptroller shall, immediately set aside 29 the amounts required pursuant to paragraph (e) of this subdivision, set 30 aside and pay the next moneys received by the special obligation reserve 31 and payment account to reimburse the general fund for moneys which were 32 transferred to the special obligation reserve and payment account pursu- 33 ant to this paragraph. Such amounts shall be set aside until the full 34 amount of moneys transferred from the general fund shall have been set 35 aside and any such moneys set aside shall be transferred to the general 36 fund no later than the last day of each month, provided, however, 37 following such an event occurring between April first, two thousand 38 twenty-two, and September fifth, two thousand twenty-three the special 39 obligation reserve and payment account shall not reimburse the general 40 fund for moneys, which were transferred to the special obligation 41 reserve and payment account. 42 § 6. Notwithstanding any law to the contrary, a municipality may make 43 the election to eliminate all taxes on gasoline and diesel motor fuel 44 pursuant to sections 1107 and 1108 of the tax law or article 29 of the 45 tax law beginning April 1, 2022 and ending after September 5, 2023, by 46 local law, ordinance or resolution, if such municipality mails, by 47 certified or registered mail, a certified copy of such local law, ordi- 48 nance or resolution to the commissioner of taxation and finance at his 49 or her office in Albany. 50 § 7. Notwithstanding any other provision of law to the contrary, the 51 commissioner of taxation and finance shall promulgate and/or amend rules 52 and regulations necessary to allow for a refund of taxes which were 53 prepaid on any product exempted by this act. 54 § 8. This act shall take effect immediately and shall expire and be 55 deemed repealed September 5, 2023.
