Bill Text: NY A03376 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 3376

Bill Title: Provides that the tax on premium cigars shall be at the rate of seventy-five percent of the wholesale price or fifty cents, whichever is less, and is intended to be imposed only once upon the sale of any premium cigars; defines "premium cigar"; provides for the repeal of such provisions upon expiration thereof.

Spectrum: Bipartisan Bill

Status: (Introduced) 2023-12-01 - enacting clause stricken [A03376 Detail]

Download: New_York-2023-A03376-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         3376--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  WOERNER, STECK, FAHY, VANEL, MCGOWAN, FLOOD,
          MANKTELOW,  RAMOS,  McDONALD,  ZEBROWSKI,  GRAY,  GALLAHAN,  BRABENEC,
          CUNNINGHAM  --  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  tax law, in relation to excise taxes on premium
          cigars; and providing for the repeal of such provisions  upon  expira-
          tion thereof

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

     1    Section 1.  Section 470 of the tax law is  amended  by  adding  a  new
     2  subdivision 22 to read as follows:
     3    22. "Premium cigar." A cigar that:
     4    (a) is wrapped in whole leaf tobacco; and
     5    (b) contains a one hundred percent leaf tobacco binder; and
     6    (c) is made by manually combining the wrapper, filler, and binder; and
     7    (d)  has  no  filter,  tip, or non-tobacco mouthpiece and is capped by
     8  hand; and
     9    (e) weighs more than six pounds per one thousand units.
    10    § 2.  Paragraph (a) of subdivision 1 of section 471-b of the tax  law,
    11  as  amended  by section 18 of part D of chapter 134 of the laws of 2010,
    12  is amended to read as follows:
    13    (a) Such tax on tobacco products other than premium cigars, snuff  and
    14  little cigars shall be at the rate of seventy-five percent of the whole-
    15  sale price, and is intended to be imposed only once upon the sale of any
    16  tobacco products other than premium cigars, snuff and little cigars.
    17    §  3.  Subdivision  1  of  section  471-b of the tax law is amended by
    18  adding a new paragraph (d) to read as follows:
    19    (d) Such tax on premium cigars shall be at the  rate  of  seventy-five
    20  percent of the wholesale price or fifty cents, whichever is less, and is
    21  intended to be imposed only once upon the sale of any premium cigars.
    22    §  4.  This  act shall take effect immediately and shall expire and be
    23  deemed repealed 3 years after such date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06291-03-3