Bill Text: NY S01860 | 2009-2010 | General Assembly | Introduced

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Bill Title: Enacts the gasoline tax rebate program.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01860 Detail]

Download: New_York-2009-S01860-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1860
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 9, 2009
                                      ___________
       Introduced by Sens. KLEIN, ADAMS, DIAZ, HASSELL-THOMPSON, HUNTLEY, MONT-
         GOMERY,  ONORATO,  OPPENHEIMER, PARKER, SAMPSON, STACHOWSKI, STAVISKY,
         THOMPSON -- read twice and ordered printed, and  when  printed  to  be
         committed to the Committee on Finance
       AN ACT to amend the tax law and the vehicle and traffic law, in relation
         to  establishing the gasoline tax rebate program; and making an appro-
         priation therefor; 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  178-a  to
    2  read as follows:
    3    S  178-A. GASOLINE TAX REBATE PROGRAM. 1. THE COMMISSIONER SHALL ISSUE
    4  A SINGLE GASOLINE TAX REBATE TO RESIDENTS OF THIS STATE,  AS  DETERMINED
    5  BY  THIS  CHAPTER,  ONLY  FOR THE TAX YEAR COMMENCING JANUARY FIRST, TWO
    6  THOUSAND NINE AND ENDING DECEMBER THIRTY-FIRST,  TWO  THOUSAND  NINE.  A
    7  LIST  OF  PASSENGER VEHICLES REGISTERED IN THIS STATE SHALL BE FURNISHED
    8  TO THE COMMISSIONER BY THE COMMISSIONER OF MOTOR  VEHICLES.  THE  REBATE
    9  SHALL BE ISSUED AS FOLLOWS AND BASED ON THE FOLLOWING CRITERIA:
   10    (A)  IN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE AND IN THE
   11  COUNTIES OF SUFFOLK, NASSAU, WESTCHESTER, ROCKLAND, PUTNAM,  ORANGE  AND
   12  DUTCHESS  A  REBATE OF ONE HUNDRED DOLLARS SHALL BE ISSUED TO EACH RESI-
   13  DENT OWNING A PASSENGER VEHICLE REGISTERED IN THIS STATE AND  HAVING  AN
   14  ANNUAL INCOME OF NINETY THOUSAND DOLLARS OR LESS DURING THE TWO THOUSAND
   15  SEVEN  TAX  YEAR; OR IN THE CASE OF RESIDENT COUPLES FILING JOINT INCOME
   16  TAX RETURNS PURSUANT TO THIS CHAPTER OWNING A  PASSENGER  MOTOR  VEHICLE
   17  REGISTERED  IN  THIS  STATE  AND  HAVING AN ANNUAL INCOME OF ONE HUNDRED
   18  FIFTY THOUSAND DOLLARS OR LESS DURING THE TWO THOUSAND  EIGHT  TAX  YEAR
   19  SAID REBATE SHALL BE TWO HUNDRED DOLLARS.
   20    (B)  IN ALL OTHER CITIES AND COUNTIES EXCEPT AS SET FORTH IN PARAGRAPH
   21  (A) OF THIS SUBDIVISION A REBATE OF ONE HUNDRED DOLLARS SHALL BE  ISSUED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05254-01-9
       S. 1860                             2
    1  TO EACH RESIDENT OWNING A PASSENGER VEHICLE REGISTERED IN THIS STATE AND
    2  HAVING  AN ANNUAL INCOME OF SEVENTY-FIVE THOUSAND DOLLARS OR LESS DURING
    3  THE TWO THOUSAND EIGHT TAX YEAR; OR IN  THE  CASE  OF  RESIDENT  COUPLES
    4  FILING  JOINT  INCOME  TAX  RETURNS  PURSUANT  TO  THIS CHAPTER OWNING A
    5  PASSENGER MOTOR VEHICLE REGISTERED IN THIS STATE AND  HAVING  AN  ANNUAL
    6  INCOME  OF  ONE  HUNDRED TWENTY-FIVE THOUSAND DOLLARS OR LESS DURING THE
    7  TWO THOUSAND EIGHT TAX YEAR SAID REBATE SHALL BE TWO HUNDRED DOLLARS.
    8    2. THE COMMISSIONER SHALL ISSUE THE REBATE PURSUANT TO SUBDIVISION ONE
    9  OF THIS SECTION ON OR BEFORE SEPTEMBER SECOND, TWO THOUSAND NINE.
   10    S 2. Section 200 of the vehicle and traffic law is amended by adding a
   11  new subdivision 3 to read as follows:
   12    3. THE COMMISSIONER SHALL SUBMIT A LIST OF ALL PASSENGER  MOTOR  VEHI-
   13  CLES  REGISTERED  IN THIS STATE WITH THE DESIGNATED OWNER THEREOF TO THE
   14  COMMISSIONER OF TAXATION AND FINANCE TO ASSIST IN IMPLEMENTING THE GASO-
   15  LINE TAX REBATE PROGRAM AS SET FORTH IN THE TAX LAW.
   16    S 3. The sum of three hundred million dollars  ($300,000,000),  or  so
   17  much  thereof as may be necessary, is hereby appropriated to the depart-
   18  ment of taxation and finance out of any moneys  in  the  state  treasury
   19  collected  pursuant  to article 12-A of the tax law not otherwise appro-
   20  priated and used for the  acquisition  of  property  necessary  for  the
   21  construction  and  reconstruction of highways and bridges or culverts on
   22  the state highway system, and  for  the  construction,  maintenance  and
   23  repair of such highways and bridges or culverts, all under the direction
   24  of  the  commissioner of transportation as provided for in subdivision 1
   25  of section 289-e of the tax  law  or  otherwise  deposited  or  disposed
   26  pursuant to subdivision (d) of section 301-j of the tax law. Such moneys
   27  shall  be made immediately available for the purpose of carrying out the
   28  provisions of this act.
   29    S 4. This act shall take effect July 1, 2009 and shall expire  and  be
   30  deemed  repealed  December  31, 2009. Effective immediately, the commis-
   31  sioner of taxation and finance may promulgate  any  and  all  rules  and
   32  regulations  and take any other measures necessary to implement this act
   33  on its effective date.