S02174 Summary:

BILL NOS02174
 
SAME ASNo Same As
 
SPONSORTEDISCO
 
COSPNSRBORRELLO, CANZONERI-FITZPATRICK, GALLIVAN, PALUMBO, WEIK
 
MLTSPNSR
 
Amd Tax L, generally
 
Provides for a phased decrease of excise taxes and sales taxes and petroleum business taxes on diesel motor fuel and motor fuel when the average price of motor fuel in the state exceeds $2.25 per gallon; authorizes cities having a population of one million or more and counties to adopt local laws limiting taxes on diesel motor fuel and motor fuel.
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S02174 Actions:

BILL NOS02174
 
01/19/2023REFERRED TO BUDGET AND REVENUE
01/03/2024REFERRED TO BUDGET AND REVENUE
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S02174 Committee Votes:

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S02174 Floor Votes:

There are no votes for this bill in this legislative session.
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S02174 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2174
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 19, 2023
                                       ___________
 
        Introduced  by  Sens. TEDISCO, BORRELLO, GALLIVAN, PALUMBO, WEIK -- 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 establishing limitations on
          excise and sales taxes and petroleum business taxes  on  diesel  motor
          fuel and motor fuel and to authorize cities having a population of one
          million  or  more  and  counties to adopt local laws limiting taxes on
          diesel motor fuel and motor fuel
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 1 of section 282-a of the tax law, as amended
     2  by section 2 of part W of chapter 59 of the laws of 2013, is amended and
     3  a new subdivision 1-a is added to read as follows:
     4    1. [There] Subject to the provisions  of  subdivision  one-a  of  this
     5  section, there is hereby levied and imposed with respect to Diesel motor
     6  fuel  an  excise  tax  of  four cents per gallon upon the sale or use of
     7  Diesel motor fuel in this state.
     8    The excise tax is imposed on the first sale or  use  of  Diesel  motor
     9  fuel to occur which is not exempt from tax under this article. Provided,
    10  however,  if  the  tax  has  not been imposed prior thereto, it shall be
    11  imposed on the removal of highway Diesel motor  fuel  from  a  terminal,
    12  other  than  by pipeline, barge, tanker or other vessel, or the delivery
    13  of Diesel motor fuel to a filling station or into the fuel tank connect-
    14  ing with the engine of a motor vehicle for use in the operation  thereof
    15  whichever event shall be first to occur. The tax shall be computed based
    16  upon the number of gallons of Diesel motor fuel sold, removed or used or
    17  the  number  of gallons of Diesel fuel delivered into the fuel tank of a
    18  motor vehicle, as the case may be. Nothing  in  this  article  shall  be
    19  construed  to require the payment of such excise tax more than once upon
    20  the same Diesel motor fuel. Nor shall the collection of such tax be made
    21  applicable to the sale or use of Diesel motor fuel  under  circumstances
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06469-01-3

        S. 2174                             2
 
     1  which preclude the collection of such tax by reason of the United States
     2  constitution  and of laws of the United States enacted pursuant thereto.
     3  Provided, further, no Diesel motor fuel shall be included in the measure
     4  of the tax unless it shall have previously come to rest within the mean-
     5  ing  of  federal decisional law interpreting the United States constitu-
     6  tion. All tax for the period for which a return is required to be  filed
     7  shall  be  due on the date limited for the filing of the return for such
     8  period, regardless of whether a return is  filed  as  required  by  this
     9  article  or whether the return which is filed correctly shows the amount
    10  of tax due.
    11    1-a. The full amount of the tax imposed by this section shall apply to
    12  sales of motor fuel at prices up to two dollars  and  twenty-five  cents
    13  per  gallon. If the average price of motor fuel in the state exceeds two
    14  dollars and twenty-five cents per gallon, the amount of tax  imposed  by
    15  this  section  shall  be  reduced  by  one-quarter of a percentage point
    16  (.0025) for every increment of five cents increase in the cost of  motor
    17  fuel  per  gallon.  The  tax  imposed by this section shall be suspended
    18  entirely if the average price of motor  fuel  in  the  state  equals  or
    19  exceeds  three dollars per gallon. If the average price of motor fuel in
    20  the state falls below three dollars per gallon, the tax imposed by  this
    21  section  shall  be  assessed in increases of one-quarter of a percentage
    22  point (.0025) for every increment of five cents increase in the cost  of
    23  motor fuel per gallon until the average price of motor fuel in the state
    24  decreases to two dollars and twenty-five cents per gallon, at which time
    25  the  full  amount of tax imposed by this section shall apply to sales of
    26  motor fuel.
    27    § 2. Section 282-b of the tax law, as amended by section 1 of part  EE
    28  of chapter 63 of the laws of 2000, is amended to read as follows:
    29    §  282-b.  Additional Diesel motor fuel tax. 1. In addition to the tax
    30  imposed by section two hundred eighty-two-a of this [chapter] article, a
    31  like tax shall be imposed at the rate of three  cents  per  gallon  upon
    32  sale  or  use within the state of Diesel motor fuel or upon the delivery
    33  of Diesel motor fuel to a filling station or into the  fuel  tank  of  a
    34  motor  vehicle  for  use  in  the operation thereof. Except as otherwise
    35  provided in this section, all of the provisions of  this  article  shall
    36  apply  with respect to the additional tax imposed by this section to the
    37  same extent as if it were imposed by said section  two  hundred  eighty-
    38  two-a.  Beginning  on April first, nineteen hundred ninety-one, four and
    39  one-sixth per centum of the moneys received by the  department  pursuant
    40  to  the  provisions  of this section shall be deposited to the credit of
    41  the emergency  highway  reconditioning  and  preservation  fund  reserve
    42  account  established  pursuant  to  the  provisions  of paragraph (b) of
    43  subdivision two of former section eighty-nine of the state finance  law.
    44  Beginning  on  April  first,  nineteen hundred ninety-one, four and one-
    45  sixth per centum of the moneys received by the  department  pursuant  to
    46  the  provisions  of this section shall be deposited to the credit of the
    47  emergency highway construction and reconstruction fund  reserve  account
    48  established  pursuant  to the provisions of paragraph (b) of subdivision
    49  two of former section eighty-nine-a of the state finance law.  Beginning
    50  on  April  first,  nineteen  hundred ninety-two, an additional eight and
    51  one-third per centum of the moneys received by the  department  pursuant
    52  to  the  provisions  of this section shall be deposited to the credit of
    53  the emergency  highway  reconditioning  and  preservation  fund  reserve
    54  account  established  pursuant  to  the  provisions  of paragraph (b) of
    55  subdivision two of former section eighty-nine of the state finance  law.
    56  Beginning  on  April  first,  nineteen hundred ninety-two, an additional

        S. 2174                             3
 
     1  eight and one-third per centum of the moneys received by the  department
     2  pursuant  to  the  provisions  of this section shall be deposited to the
     3  credit of the emergency highway  construction  and  reconstruction  fund
     4  reserve  account established pursuant to the provisions of paragraph (b)
     5  of subdivision two of former section eighty-nine-a of the state  finance
     6  law. Beginning on April first, two thousand one, seventy-five per centum
     7  of  the  moneys received by the department pursuant to the provisions of
     8  this section shall be deposited in the dedicated fund accounts  pursuant
     9  to  subdivision  (d)  of  section  three  hundred one-j of this chapter.
    10  Beginning on April first, two thousand three, all of the moneys received
    11  by the department pursuant to the provisions of this  section  shall  be
    12  deposited  in the dedicated fund accounts pursuant to subdivision (d) of
    13  section three hundred one-j of this chapter.
    14    2. The full amount of the tax imposed by this section shall  apply  to
    15  sales  of  motor  fuel at prices up to two dollars and twenty-five cents
    16  per gallon. If the average price of motor fuel in the state exceeds  two
    17  dollars  and  twenty-five cents per gallon, the amount of tax imposed by
    18  this section shall be reduced by two-tenths of a percentage point (.002)
    19  for every increment of five cents increase in the cost of motor fuel per
    20  gallon. The tax imposed by this section shall be suspended  entirely  if
    21  the  average  price  of  motor fuel in the state equals or exceeds three
    22  dollars per gallon. If the average price of  motor  fuel  in  the  state
    23  falls  below  three  dollars per gallon, the tax imposed by this section
    24  shall be assessed in increases of   two-tenths  of  a  percentage  point
    25  (.002)  for  every increment of five cents increase in the cost of motor
    26  fuel per gallon until the average price  of  motor  fuel  in  the  state
    27  decreases to two dollars and twenty-five cents per gallon, at which time
    28  the  full  amount of tax imposed by this section shall apply to sales of
    29  motor fuel.
    30    § 3. Section 282-c of the tax law, as amended by section 2 of part  EE
    31  of chapter 63 of the laws of 2000, is amended to read as follows:
    32    §  282-c.  Supplemental  Diesel  motor fuel tax. 1. In addition to the
    33  taxes imposed by sections  two  hundred  eighty-two-a  and  two  hundred
    34  eighty-two-b  of  this [chapter] article, a like tax shall be imposed at
    35  the rate of one cent per gallon upon the sale or use within the state of
    36  Diesel motor fuel or upon the delivery of Diesel motor fuel to a filling
    37  station or into the fuel tank of a motor vehicle for use in  the  opera-
    38  tion  thereof.  Except for paragraph (b) of subdivision three of section
    39  two hundred eighty-nine-c of this article, all the  provisions  of  this
    40  article shall apply with respect to the supplemental tax imposed by this
    41  section  to  the  same  extent as if it were imposed by said section two
    42  hundred eighty-two-a. On and after the first day  of  October,  nineteen
    43  hundred  seventy-two,  twenty-five  per centum of the monies received by
    44  the department pursuant to the  provisions  of  this  section  shall  be
    45  deposited  to  the  credit  of  the emergency highway reconditioning and
    46  preservation fund established  pursuant  to  the  provisions  of  former
    47  section  eighty-nine of the state finance law. Beginning on April first,
    48  nineteen hundred eighty-three, twenty-five  per  centum  of  the  monies
    49  received  by  the  department pursuant to the provisions of this section
    50  shall be deposited to the credit of the emergency  highway  construction
    51  and reconstruction fund established pursuant to the provisions of former
    52  section  eighty-nine-a  of  the  state  finance  law. Beginning on April
    53  first, nineteen hundred ninety, an additional twelve  and  one-half  per
    54  centum  of  the  moneys  received  by  the  department  pursuant  to the
    55  provisions of this section shall be deposited to the credit of the emer-
    56  gency highway  reconditioning  and  preservation  fund  reserve  account

        S. 2174                             4
 
     1  established  pursuant  to the provisions of paragraph (b) of subdivision
     2  two of former section eighty-nine of the state finance law. Beginning on
     3  April first, nineteen hundred ninety, an additional twelve and  one-half
     4  per  centum  of  the  moneys  received by the department pursuant to the
     5  provisions of this section shall be deposited to the credit of the emer-
     6  gency highway  construction  and  reconstruction  fund  reserve  account
     7  established  pursuant  to the provisions of paragraph (b) of subdivision
     8  two of former section eighty-nine-a of the state finance law.  Beginning
     9  on  April  first,  nineteen hundred ninety-one, an additional twelve and
    10  one-half per centum of the moneys received by the department pursuant to
    11  the provisions of this section shall be deposited to the credit  of  the
    12  emergency  highway  reconditioning and preservation fund reserve account
    13  established pursuant to the provisions of paragraph (b)  of  subdivision
    14  two of former section eighty-nine of the state finance law. Beginning on
    15  April  first, nineteen hundred ninety-one, an additional twelve and one-
    16  half per centum of the moneys received by the department pursuant to the
    17  provisions of this section shall be deposited to the credit of the emer-
    18  gency construction and reconstruction fund reserve  account  established
    19  pursuant to the provisions of paragraph (b) of subdivision two of former
    20  section  eighty-nine-a  of  the  state  finance  law. Beginning on April
    21  first, two thousand three, all of the moneys received by the  department
    22  pursuant  to  the  provisions  of this section shall be deposited in the
    23  dedicated fund accounts pursuant to subdivision  (d)  of  section  three
    24  hundred one-j of this chapter.
    25    2.  The  full amount of the tax imposed by this section shall apply to
    26  sales of motor fuel at prices up to two dollars  and  twenty-five  cents
    27  per gallon.  If the average price of motor fuel in the state exceeds two
    28  dollars  and  twenty-five cents per gallon, the amount of tax imposed by
    29  this section shall be reduced by sixty-six hundredths  of  a  percentage
    30  point  (.0066) for every increment of five cents increase in the cost of
    31  motor fuel per  gallon.  The  tax  imposed  by  this  section  shall  be
    32  suspended  entirely  if  the  average  price  of motor fuel in the state
    33  equals or exceeds three dollars per gallon.  If  the  average  price  of
    34  motor  fuel  in  the state falls below three dollars per gallon, the tax
    35  imposed by this section shall be  assessed  in  increases  of  sixty-six
    36  hundredths  of  a  percentage  point (.0066) for every increment of five
    37  cents increase in the cost of motor fuel per gallon  until  the  average
    38  price  of  motor  fuel in the state decreases to two dollars and twenty-
    39  five cents per gallon, at which time the full amount of tax  imposed  by
    40  this section shall apply to sales of motor fuel.
    41    §  4. Subdivision 1 of section 284 of the tax law, as amended by chap-
    42  ter 276 of the laws of 1986, is amended and a new subdivision 3 is added
    43  to read as follows:
    44    1. [There] Subject to the provisions  of  subdivision  three  of  this
    45  section,  there is hereby levied and imposed an excise tax of four cents
    46  per gallon upon motor fuel (a) imported into or caused  to  be  imported
    47  into  the  state by a distributor for use, distribution, storage or sale
    48  in the state or upon motor fuel which is produced, refined, manufactured
    49  or compounded by a distributor in the state (which acts shall hereinaft-
    50  er in this subdivision be encompassed by the phrase "imported  or  manu-
    51  factured")  or  (b) if the tax has not been imposed prior to its sale in
    52  this state, which is sold by a distributor (which  act,  in  conjunction
    53  with  the  acts  described  in  paragraph (a) of this subdivision, shall
    54  hereinafter in this article be  encompassed  by  the  phrase  "imported,
    55  manufactured or sold"), except when imported, manufactured or sold under
    56  circumstances which preclude the collection of such tax by reason of the

        S. 2174                             5
 
     1  United  States  constitution  and  of  laws of the United States enacted
     2  pursuant thereto or when imported or  manufactured  by  an  organization
     3  described  in  paragraph one or two of subdivision (a) of section eleven
     4  hundred  sixteen of this chapter or a hospital included in the organiza-
     5  tions described in paragraph four of such subdivision for its own use or
     6  consumption and except kero-jet fuel when imported or manufactured by an
     7  airline for use in its airplanes. Provided, further, no motor fuel shall
     8  be included in the measure of the tax unless it  shall  have  previously
     9  come  to  rest within the meaning of federal decisional law interpreting
    10  the United States constitution. All tax  for  the  period  for  which  a
    11  return  is required to be filed shall be due on the date limited for the
    12  filing of the return for such period, regardless of whether a return  is
    13  filed  by  such  distributor  as required by this article or whether the
    14  return which is filed correctly shows the amount of tax due.
    15    3. The full amount of the tax imposed by this section shall  apply  to
    16  sales  of  motor  fuel at prices up to two dollars and twenty-five cents
    17  per gallon. If the average price of motor fuel in the state exceeds  two
    18  dollars  and  twenty-five cents per gallon, the amount of tax imposed by
    19  this section shall be reduced  by  one-quarter  of  a  percentage  point
    20  (.0025)  for every increment of five cents increase in the cost of motor
    21  fuel per gallon. The tax imposed by  this  section  shall  be  suspended
    22  entirely  if  the  average  price  of  motor fuel in the state equals or
    23  exceeds three dollars per gallon. If the average price of motor fuel  in
    24  the  state falls below three dollars per gallon, the tax imposed by this
    25  section shall be assessed in increases of one-quarter  of  a  percentage
    26  point  (.0025) for every increment of five cents increase in the cost of
    27  motor fuel per gallon until the average price of motor fuel in the state
    28  decreases to two dollars and twenty-five cents per gallon, at which time
    29  the full amount of tax imposed by this section shall apply to  sales  of
    30  motor fuel.
    31    §  5. Section 284-a of the tax law, as amended by section 3 of part EE
    32  of chapter 63 of the laws of 2000, is amended to read as follows:
    33    § 284-a. Additional motor fuel tax. 1. In addition to the tax  imposed
    34  by section two hundred eighty-four of this [chapter] article, a like tax
    35  shall  be  imposed at the rate of three cents per gallon upon motor fuel
    36  imported, manufactured or sold  within  this  state  by  a  distributor.
    37  Except as otherwise provided in this section, all the provisions of this
    38  article  except  subdivision two of section two hundred eighty-nine-e of
    39  this article shall apply with respect to the additional tax  imposed  by
    40  this  section  to  the same extent as if it were imposed by said section
    41  two hundred eighty-four. Beginning  on  April  first,  nineteen  hundred
    42  ninety-one,  four and one-sixth per centum of the moneys received by the
    43  department pursuant to the provisions of this section shall be deposited
    44  to the credit of the emergency highway reconditioning  and  preservation
    45  fund reserve account established pursuant to the provisions of paragraph
    46  (b)  of  subdivision  two  of  former  section  eighty-nine of the state
    47  finance law.   Beginning on April first,  nineteen  hundred  ninety-one,
    48  four  and  one-sixth per centum of the moneys received by the department
    49  pursuant to the provisions of this section shall  be  deposited  to  the
    50  credit  of  the  emergency  highway construction and reconstruction fund
    51  reserve account established pursuant to the provisions of paragraph  (b)
    52  of  subdivision two of former section eighty-nine-a of the state finance
    53  law.  Beginning on April first, nineteen hundred  ninety-two,  an  addi-
    54  tional  eight  and  one-third  per  centum of the moneys received by the
    55  department pursuant to the provisions of this section shall be deposited
    56  to the credit of the emergency highway reconditioning  and  preservation

        S. 2174                             6
 
     1  fund reserve account established pursuant to the provisions of paragraph
     2  (b)  of  subdivision  two  of  former  section  eighty-nine of the state
     3  finance law.  Beginning on April first, nineteen hundred ninety-two,  an
     4  additional  eight and one-third per centum of the moneys received by the
     5  department pursuant to the provisions of this section shall be deposited
     6  to the credit of the emergency highway construction  and  reconstruction
     7  fund reserve account established pursuant to the provisions of paragraph
     8  (b)  of  subdivision  two  of  former section eighty-nine-a of the state
     9  finance law.  Beginning on April first, two thousand,  seventy-five  per
    10  centum  of  the  moneys  received  by  the  department  pursuant  to the
    11  provisions of this section shall be  deposited  in  the  dedicated  fund
    12  accounts  pursuant  to subdivision (d) of section three hundred one-j of
    13  this chapter.  Beginning on April first, two thousand three, all of  the
    14  moneys  received  by  the  department pursuant to the provisions of this
    15  section shall be deposited in the dedicated fund  accounts  pursuant  to
    16  subdivision (d) of section three hundred one-j of this chapter.
    17    2.  The  full amount of the tax imposed by this section shall apply to
    18  sales of motor fuel at prices up to two dollars  and  twenty-five  cents
    19  per  gallon. If the average price of motor fuel in the state exceeds two
    20  dollars and twenty-five cents per gallon, the amount of tax  imposed  by
    21  this section shall be reduced by two-tenths of a percentage point (.002)
    22  for every increment of five cents increase in the cost of motor fuel per
    23  gallon.  The  tax imposed by this section shall be suspended entirely if
    24  the average price of motor fuel in the state  equals  or  exceeds  three
    25  dollars  per  gallon.    If the average price of motor fuel in the state
    26  falls below three dollars per gallon, the tax imposed  by  this  section
    27  shall  be  assessed  in  increases of   two-tenths of a percentage point
    28  (.002) for every increment of five cents increase in the cost  of  motor
    29  fuel  per  gallon  until  the  average  price of motor fuel in the state
    30  decreases to two dollars and twenty-five cents per gallon, at which time
    31  the full amount of tax imposed by this section shall apply to  sales  of
    32  motor fuel.
    33    §  6. Section 284-c of the tax law, as amended by section 4 of part EE
    34  of chapter 63 of the laws of 2000, is amended to read as follows:
    35    § 284-c. Supplemental motor fuel tax. 1.  In  addition  to  the  taxes
    36  imposed   by   sections   two   hundred   eighty-four  and  two  hundred
    37  eighty-four-a of this [chapter] article, a like tax shall be imposed  at
    38  the  rate  of one cent per gallon upon motor fuel imported, manufactured
    39  or sold within this state by a distributor. Except for paragraph (b)  of
    40  subdivision  three of section two hundred eighty-nine-c of this article,
    41  all the provisions of this article  shall  apply  with  respect  to  the
    42  supplemental  tax  imposed  by  this section to the same extent as if it
    43  were imposed by said section two hundred eighty-four. On and  after  the
    44  first  day  of  October,  nineteen  hundred seventy-two, twenty-five per
    45  centum of  the  monies  received  by  the  department  pursuant  to  the
    46  provisions of this section shall be deposited to the credit of the emer-
    47  gency  highway reconditioning and preservation fund established pursuant
    48  to the provisions of former section eighty-nine  of  the  state  finance
    49  law.  Beginning  on  April first, nineteen hundred eighty-three, twenty-
    50  five per centum of the monies received by the department pursuant to the
    51  provisions of this section shall be deposited to the credit of the emer-
    52  gency highway construction and reconstruction fund established  pursuant
    53  to  the  provisions of former section eighty-nine-a of the state finance
    54  law. Beginning on April first, nineteen hundred  ninety,  an  additional
    55  twelve  and one-half per centum of the monies received by the department
    56  pursuant to the provisions of this section shall  be  deposited  to  the

        S. 2174                             7
 
     1  credit  of  the  emergency  highway reconditioning and preservation fund
     2  reserve account established pursuant to the provisions of paragraph  (b)
     3  of  subdivision  two  of former section eighty-nine of the state finance
     4  law.  Beginning  on  April first, nineteen hundred ninety, an additional
     5  twelve and one-half per centum of the moneys received by the  department
     6  pursuant  to  the  provisions  of this section shall be deposited to the
     7  credit of the emergency highway  construction  and  reconstruction  fund
     8  reserve  account established pursuant to the provisions of paragraph (b)
     9  of subdivision two of former section eighty-nine-a of the state  finance
    10  law.  Beginning  on  April  first, nineteen hundred ninety-one, an addi-
    11  tional twelve and one-half per centum of  the  moneys  received  by  the
    12  department pursuant to the provisions of this section shall be deposited
    13  to  the  credit of the emergency highway reconditioning and preservation
    14  fund reserve account established pursuant to the provisions of paragraph
    15  (b) of subdivision two  of  former  section  eighty-nine  of  the  state
    16  finance  law.  Beginning on April first, nineteen hundred ninety-one, an
    17  additional twelve and one-half per centum of the moneys received by  the
    18  department pursuant to the provisions of this section shall be deposited
    19  to  the  credit of the emergency highway construction and reconstruction
    20  fund reserve account established pursuant to the provisions of paragraph
    21  (b) of subdivision two of former  section  eighty-nine-a  of  the  state
    22  finance  law.  Beginning  on April first, two thousand three, all of the
    23  moneys received by the department pursuant to  the  provisions  of  this
    24  section  shall  be  deposited in the dedicated fund accounts pursuant to
    25  subdivision (d) of section three hundred one-j of this chapter.
    26    2. The full amount of the tax imposed by this section shall  apply  to
    27  sales  of  motor  fuel at prices up to two dollars and twenty-five cents
    28  per gallon. If the average price of motor fuel in the state exceeds  two
    29  dollars  and  twenty-five cents per gallon, the amount of tax imposed by
    30  this section shall be reduced by sixty-six hundredths  of  a  percentage
    31  point  (.0066) for every increment of five cents increase in the cost of
    32  motor fuel per  gallon.  The  tax  imposed  by  this  section  shall  be
    33  suspended  entirely  if  the  average  price  of motor fuel in the state
    34  equals or exceeds three dollars per gallon.  If  the  average  price  of
    35  motor  fuel  in  the state falls below three dollars per gallon, the tax
    36  imposed by this section shall be assessed in  increases  of    sixty-six
    37  hundredths  of  a  percentage  point (.0066) for every increment of five
    38  cents increase in the cost of motor fuel per gallon  until  the  average
    39  price  of  motor  fuel in the state decreases to two dollars and twenty-
    40  five cents per gallon, at which time the full amount of tax  imposed  by
    41  this section shall apply to sales of motor fuel.
    42    §  7.  Subdivision  (b)  of  section 1105 of the tax law is amended by
    43  adding a new paragraph 5 to read as follows:
    44    (5) Notwithstanding the provisions of of this  subdivision,  the  full
    45  amount  of the tax imposed by this section shall apply to sales of motor
    46  fuel at prices up to two dollars and twenty-five cents per gallon.    If
    47  the  average  price  of  motor fuel in the state exceeds two dollars and
    48  twenty-five cents per gallon, the amount of tax imposed by this  section
    49  shall  be reduced by one-quarter of a percentage point (.0025) for every
    50  increment of five cents increase in the cost of motor fuel  per  gallon.
    51  The tax imposed by this section shall be suspended entirely if the aver-
    52  age price of motor fuel in the state equals or exceeds three dollars per
    53  gallon.  If  the  average  price  of motor fuel in the state falls below
    54  three dollars per gallon, the tax  imposed  by  this  section  shall  be
    55  assessed  in  increases of one-quarter of a percentage point (.0025) for
    56  every increment of five cents increase in the cost  of  motor  fuel  per

        S. 2174                             8
 
     1  gallon  until  the average price of motor fuel in the state decreases to
     2  two dollars and twenty-five cents per gallon, at  which  time  the  full
     3  amount  of  tax  imposed  by  this section shall apply to sales of motor
     4  fuel.
     5    §  8. Section 301-a of the tax law is amended by adding a new subdivi-
     6  sion (n) to read as follows:
     7    (n) Notwithstanding the  provisions  of  this  subdivision,  the  full
     8  amount  of tax imposed by this section shall only apply when the average
     9  price of motor fuel in the state is two dollars and twenty-five cents or
    10  less.  If the average price of motor fuel exceeds two dollars and  twen-
    11  ty-five  cents,  the  amount  of  tax  imposed  by this section shall be
    12  reduced by one-quarter of a percentage point (.0025) for every increment
    13  of five cents increase in the cost of motor fuel  per  gallon.  The  tax
    14  imposed by this section shall be suspended entirely if the average price
    15  of  motor  fuel in the state equals or exceeds three dollars per gallon.
    16  If the average price of motor  fuel  in  the  state  falls  below  three
    17  dollars per gallon, the tax imposed by this section shall be assessed in
    18  increases  of one-quarter of a percentage point (.0025) for every incre-
    19  ment of five cents increase in the cost of motor fuel per  gallon  until
    20  the  average  price  of motor fuel in the state decreases to two dollars
    21  and twenty-five cents per gallon, at which time the full amount  of  tax
    22  imposed by this article shall apply.
    23    §  9.  Section 1201 of the tax law is amended by adding a new subdivi-
    24  sion (n) to read as follows:
    25    (n) Any city in this state having a population of one million or more,
    26  acting through its local legislative body,  may  impose  limitations  on
    27  taxes  on  diesel  motor  fuel  and  motor  fuel  in accordance with the
    28  provisions of  subdivision (b) of section eleven hundred  five  of  this
    29  chapter.
    30    §  10. Section 1202 of the tax law is amended by adding a new subdivi-
    31  sion (h) to read as follows:
    32    (h) Any county in this state, except a county  wholly within  a  city,
    33  acting  through  its  local  legislative body, may impose limitations on
    34  taxes on diesel motor  fuel  and  motor  fuel  in  accordance  with  the
    35  provisions  of  subdivision  (b)  of section eleven hundred five of this
    36  chapter.
    37    § 11. The tax law is amended  by  adding  a  section  48  to  read  as
    38  follows:
    39    §  48.  Compliance.  Every  person engaged in the retail sale of motor
    40  fuel or diesel motor fuel or a distributor of such fuels,  shall  comply
    41  with  the  provisions  of sections two hundred eighty-two-a, two hundred
    42  eighty-two-b, two hundred eighty-two-c,  two  hundred  eighty-four,  two
    43  hundred  eighty-four-a,  two hundred eighty-four-c, eleven hundred five,
    44  twelve hundred one, twelve hundred two, and three hundred one-a of  this
    45  chapter  by  reducing the prices charged for motor fuel and Diesel motor
    46  fuel in an amount equal  to  any  reduction  in  taxes  prepaid  by  the
    47  distributor or imposed on retail customers resulting from the suspension
    48  of taxes on motor fuel and Diesel motor fuel under those sections.
    49    §  12.  This act shall take effect on the ninetieth day after it shall
    50  have become a law and shall apply to sales  of  diesel  motor  fuel  and
    51  motor fuel occurring on and after such date.
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