Bill Text: NY S08415 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Imposes an excise tax on the sale of ammunition to be deposited into the firearm violence intervention fund to help victims of and witnesses to violence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-06-02 - PRINT NUMBER 8415A [S08415 Detail]

Download: New_York-2021-S08415-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8415

                    IN SENATE

                                    February 28, 2022
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Budget and Revenue

        AN ACT to amend the tax law, in relation to an excise tax on the sale of
          ammunition

          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 article 19-A to read
     2  as follows:
     3                                ARTICLE 19-A
     4                          EXCISE TAX ON AMMUNITION
     5  Section 460. Imposition of tax.
     6          461  Deposit and disposition of revenue.
     7          462. Administrative provisions.
     8    § 460. Imposition of tax. 1. There is hereby  levied  and  imposed  an
     9  excise tax on the retail sale of ammunition at the following rates:
    10    (a)  Ammunition  that  contains  a single projectile that measures .22
    11  caliber or less sold at retail shall be taxed at a rate of two cents per
    12  projectile.
    13    (b) All other ammunition other than that specified in paragraph (a) of
    14  this subdivision and sold at retail shall be taxed at  a  rate  of  five
    15  cents per projectile.
    16    2.  The tax rates set forth in this section shall be reviewed annually
    17  and adjusted periodically by the commissioner as needed  to  maintain  a
    18  consistent effect relative to inflation.
    19    §  461.  Deposit  and  disposition of revenue. All taxes, interest and
    20  penalties  collected  or  received  by  the  commissioner   under   this
    21  article    shall    be    deposited  and  disposed  of   pursuant to the
    22  provisions  of  section  one  hundred  seventy-one-a  of  this  chapter,
    23  provided  that  an  amount  equal to one hundred percent collected under
    24  this article less any amount determined  by  the  commissioner  to    be
    25  reserved  by the comptroller for refunds or reimbursements shall be paid
    26  by  the  comptroller  to the credit of   the  gun violence research fund
    27  created in section eighty-six of the  state finance law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14598-01-2
        S. 8415                             2

     1    § 462. Administrative provisions. The  tax  imposed  by  this  section
     2  shall  be  administered  and  collected  in  a  like manner as the taxes
     3  imposed under article twenty-eight of this chapter, and the  definitions
     4  and  the provisions applicable to the administration, collection, deter-
     5  mination,  enforcement,  and disposition of the taxes imposed by article
     6  twenty-eight of this chapter shall apply to  the  tax  imposed  by  this
     7  section  insofar  as  such provisions can be made applicable to such tax
     8  with the limitations set forth herein and such modifications as  may  be
     9  necessary  in  order  to  adapt such provisions to the tax imposed. Such
    10  provisions shall apply with the same force and effect as if the language
    11  of such provisions had been set forth in full in this  section  and  had
    12  been expressly referred to the tax imposed by this section except to the
    13  extent that any of such provisions is either inconsistent with or is not
    14  relevant to this section.
    15    §  2.  This  act  shall  take effect on the first day of the quarterly
    16  sales tax period, as set forth in subdivision (b) of section 1136 of the
    17  tax law, next succeeding the ninetieth day after it shall have become  a
    18  law,  and  shall  apply  in  accordance with the applicable transitional
    19  provisions of section 1106 of the tax law.