S03127 Summary:

BILL NOS03127
 
SAME ASNo same as
 
SPONSOROPPENHEIMER
 
COSPNSR
 
MLTSPNSR
 
Add S1113, Tax L; amd S92-s, St Fin L
 
Relates to the implementation of a surcharge on plastic shopping bags used to transport consumer goods.
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S03127 Actions:

BILL NOS03127
 
02/09/2011REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/04/2012REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S03127 Floor Votes:

There are no votes for this bill in this legislative session.
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S03127 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3127
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    February 9, 2011
                                       ___________
 
        Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government Operations
 
        AN  ACT  to  amend the tax law and the state finance law, in relation to
          imposing a surcharge on plastic shopping bags used to transport  every

          sale of tangible personal property by consumers
 
          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 1113 to read
     2  as follows:
     3    § 1113. Imposition of surcharge; plastic shopping bags. (a)  There  is
     4  hereby  imposed  and  there shall be paid a surcharge of five cents upon
     5  plastic shopping bags used to transport every sale of tangible  personal
     6  property by consumers.
     7    (b)(1)  The  surcharge  imposed,  pursuant  to subdivision (a) of this
     8  section, shall apply at  the  point  of  sale  in  shops,  supermarkets,
     9  service stations and all sales outlets. Retailers shall pass on the full

    10  amount  of  such surcharge as a charge to the customer during his or her
    11  checkout.
    12    (2) Such surcharge  shall be itemized on  all  invoices,  receipts  or
    13  dockets issued to customers at the point of sale.
    14    (c)  The following shall be exempt from the surcharge imposed pursuant
    15  to subdivision (a) of this section:
    16    (1) Plastic bags containing fresh meat, fish or poultry;
    17    (2) Plastic bags containing  non-packed  fruit,  nuts  or  vegetables,
    18  confectionery, dairy products, cooked food or ice;
    19    (3)  Plastic  bags  used  to  store products sold on board aircraft or
    20  ships;
    21    (4) Reusable bags sold to customers for a sum not less  than  seventy-
    22  five cents; and
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05816-01-1

        S. 3127                             2
 
     1    (5)  Any  plastic  bag brought to the store by the customer to be used
     2  during the sale of tangible personal property.
     3    (d) If any other item is placed in a plastic bag exempt by subdivision
     4  (c)  of  this  section, such customer shall be charged the five cent tax
     5  during his or her checkout.
     6    (e) Plastic bags used for every sale  of  tangible  personal  property
     7  shall  not be larger than two hundred fifty millimeters by three hundred

     8  forty-five millimeters by four hundred fifty millimeters.
     9    (f) The proceeds collected pursuant to this section shall be deposited
    10  into the general fund; provided, however, that  the  first  seventy-five
    11  million of the surcharge collected pursuant to this subdivision shall be
    12  deposited  into  the  environmental  protection fund pursuant to section
    13  ninety-two-s of the state finance law.
    14    § 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
    15  amended  by  section  2  of part T of chapter 59 of the laws of 2009, is
    16  amended to read as follows:
    17    3. Such fund shall consist of the amount of revenue  collected  within
    18  the  state  from the amount of revenue, interest and penalties deposited
    19  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the

    20  amount  of fees and penalties received from easements or leases pursuant
    21  to subdivision fourteen of section seventy-five of the public lands  law
    22  and  the  money  received  as annual service charges pursuant to section
    23  four hundred four-l of the vehicle and traffic law, all moneys  required
    24  to  be  deposited  therein from the contingency reserve fund pursuant to
    25  section two hundred ninety-four of chapter fifty-seven of  the  laws  of
    26  nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
    27  pursuant to section thirteen of chapter six hundred ten of the  laws  of
    28  nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
    29  section 54-0511 of the environmental conservation law, all moneys to  be
    30  deposited from the Northville settlement pursuant to section one hundred
    31  twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen

    32  hundred ninety-six, provided however, that such  moneys  shall  only  be
    33  used  for  the cost of the purchase of private lands in the core area of
    34  the central Suffolk pine barrens pursuant to a consent  order  with  the
    35  Northville  industries  signed  on  October thirteenth, nineteen hundred
    36  ninety-four and the related resource restoration and  replacement  plan,
    37  the  amount  of  penalties  required  to be deposited therein by section
    38  71-2724 of the environmental conservation law, all moneys required to be
    39  deposited pursuant to article thirty-three of the environmental  conser-
    40  vation  law, all fees collected pursuant to subdivision eight of section
    41  70-0117 of the environmental conservation law, [as added by a chapter of
    42  the laws of two thousand nine,] proceeds from  the  surcharge  collected

    43  pursuant  to  section  one thousand one hundred thirteen of the tax law,
    44  all moneys collected pursuant to title thirty-three of  article  fifteen
    45  of  the  environmental  conservation  law[, as added by a chapter of the
    46  laws of two thousand nine] and all other moneys credited or  transferred
    47  thereto  from any other fund or source pursuant to law. All such revenue
    48  shall be initially deposited into the environmental protection fund, for
    49  application as provided in subdivision five of this section.
    50    § 3. This act shall  take  effect  on  the  first  of  September  next
    51  succeeding the date on which it shall have become a law.
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