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STATE OF NEW YORK
________________________________________________________________________

1093--A

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced  by  M. of A. SCHIMEL, DenDEKKER, MURRAY, HEVESI -- read once
  and  referred  to  the  Committee  on  Ways  and  Means  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the tax law, in relation to the tax on certain tobacco
  products

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph (a) of subdivision 1 of section 471-b of the tax
law,  as  amended  by section 18 of part D of chapter 134 of the laws of
2010, is amended to read as follows:
  (a) Such tax on tobacco products other than CIGARS, snuff  and  little
cigars  shall  be  at  the rate of seventy-five percent of the wholesale
price, and is intended to be imposed only once  upon  the  sale  of  any
tobacco products other than snuff and little cigars.
  S  2.  Subdivision  1  of  section  471-b of the tax law is amended by
adding a new paragraph (d) to read as follows:
  (D) SUCH TAX ON CIGARS SHALL BE AT THE RATE OF SEVENTY-FIVE PERCENT OF
THE WHOLESALE PRICE OR ONE DOLLAR PER CIGAR, WHICHEVER IS LESS.
  S 3. Paragraph (i) of subdivision (a) of section 471-c of the tax law,
as amended by section 20 of part D of chapter 134 of the laws  of  2010,
is amended to read as follows:
  (i)  Such  tax on tobacco products other than CIGARS, snuff and little
cigars shall be at the rate of seventy-five  percent  of  the  wholesale
price.
  S  4.  Subdivision  (a)  of section 471-c of the tax law is amended by
adding a new paragraph (iv) to read as follows:
  (IV) SUCH TAX ON CIGARS SHALL BE AT THE RATE OF  SEVENTY-FIVE  PERCENT
OF THE WHOLESALE PRICE OR ONE DOLLAR PER CIGAR, WHICHEVER IS LESS.
  S 5. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01544-03-1