Bill Text: NY A05415 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the tax law and the state finance law, in relation to creating the boat launch preservation act and establishing the dedicated boat launch site fund

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to ways and means [A05415 Detail]

Download: New_York-2009-A05415-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5415
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Ways and Means
       AN ACT to amend the tax law and the state finance law,  in  relation  to
         creating  the  boat launch preservation act and establishing the dedi-
         cated boat launch site fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "boat launch preservation act".
    3    S 2. Legislative intent. The legislature hereby finds that the  water-
    4  ways  of  this  great  state have always been a vital source of economic
    5  activity. The legislature  further  finds  that  although  the  economic
    6  activity  found  on  today's waterways have more to do with recreational
    7  boating than shipping, it still  remains  an  important  factor  in  the
    8  economic  health  of  the  state.  It has been found that upwards of one
    9  percent of the gasoline consumed within the state of New York is used to
   10  power vessels traveling on our waterways. It is the intent of the legis-
   11  lature that the taxes collected on such boating gasoline be used to keep
   12  our waterways a viable resource for the next century of New Yorkers.
   13    S 3. Subdivision 2 of section 289-e of the tax law, as added by  chap-
   14  ter 329 of the laws of 1991, is amended to read as follows:
   15    2.  All  taxes,  interest, penalties and fees collected or received by
   16  the commissioner [of taxation  and  finance  after  March  thirty-first,
   17  nineteen  hundred  ninety-three]  under the taxes imposed by section two
   18  hundred eighty-four of this article AFTER MARCH  THIRTY-FIRST,  NINETEEN
   19  HUNDRED  NINETY-THREE  AND BEFORE APRIL FIRST, TWO THOUSAND TEN shall be
   20  deposited in the dedicated highway and bridge trust fund and disposed of
   21  pursuant to section eighty-nine-b of the state finance law; AND  ON  AND
   22  AFTER  APRIL  FIRST, TWO THOUSAND TEN, ONE PERCENT OF SUCH TAXES, INTER-
   23  EST, PENALTIES AND FEES, BUT NOT MORE THAN  FIVE  MILLION  DOLLARS  EACH
   24  STATE  FISCAL YEAR, SHALL BE DEPOSITED IN THE DEDICATED BOAT LAUNCH SITE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00195-01-9
       A. 5415                             2
    1  FUND AND DISPOSED OF PURSUANT TO  SECTION  NINETY-TWO-FF  OF  THE  STATE
    2  FINANCE  LAW,  AND  THE REMAINING AMOUNT SHALL BE DEPOSITED IN THE DEDI-
    3  CATED HIGHWAY AND BRIDGE TRUST FUND AND DISPOSED OF PURSUANT TO  SECTION
    4  EIGHTY-NINE-B OF THE STATE FINANCE LAW.
    5    S 4. The state finance law is amended by adding a new section 92-ff to
    6  read as follows:
    7    S  92-FF.  DEDICATED  BOAT LAUNCH SITE FUND. 1. THERE IS HEREBY ESTAB-
    8  LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF
    9  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE  "DEDICATED  BOAT
   10  LAUNCH SITE FUND".
   11    2.  MONEYS  IN THE DEDICATED BOAT LAUNCH SITE FUND SHALL BE KEPT SEPA-
   12  RATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS.
   13    3. THE DEDICATED BOAT LAUNCH SITE FUND SHALL  CONSIST  OF  THE  MONEYS
   14  REQUIRED  TO BE DEPOSITED THEREIN PURSUANT TO THE PROVISIONS OF SUBDIVI-
   15  SION TWO OF SECTION TWO HUNDRED EIGHTY-NINE-E OF THE  TAX  LAW  AND  ANY
   16  OTHER MONEYS APPROPRIATED THERETO.
   17    4.  THE  MONEYS  IN SUCH FUND SHALL BE APPROPRIATED BY THE LEGISLATURE
   18  AND DISBURSED FOR COSTS INCURRED FOR THE DESIGN,  CONSTRUCTION,  MAINTE-
   19  NANCE  AND  IMPROVEMENT  OF  STATE  AND MUNICIPALLY OWNED BOAT LAUNCHING
   20  SITES OR BOAT ACCESS SITES. DISBURSEMENTS FROM SUCH FUND SHALL  BE  MADE
   21  UPON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
   22    5.  THE  COMPTROLLER  SHALL  INVEST  THE  MONEYS OF THE DEDICATED BOAT
   23  LAUNCH SITE FUND PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE. ANY
   24  INCOME EARNED THEREFROM SHALL BE ADDED TO AND BECOME PART OF THE FUND.
   25    6. THE COMPTROLLER SHALL ANNUALLY ON OR BEFORE JANUARY FIRST, ISSUE  A
   26  REPORT  LISTING  THE  PRINCIPAL  IN,  EARNED INCOME ON AND EARNED INCOME
   27  ACCRUED TO PRINCIPAL OF THE FUND. A COPY OF SUCH REPORT SHALL BE  TRANS-
   28  MITTED  TO THE DIRECTOR OF THE DIVISION OF BUDGET, THE CHAIR AND RANKING
   29  MINORITY MEMBER OF THE SENATE FINANCE COMMITTEE, AND THE CHAIR AND RANK-
   30  ING MINORITY MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   31    S 5. This act shall take effect immediately.