Establishes a motor fuel and Diesel motor fuel holiday tax credit to be taken against personal income taxes for certain summer holiday weekends.

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S4880C-2011 Actions

• Jun 13, 2012: PRINT NUMBER 4880D
• Jun 13, 2012: AMEND AND RECOMMIT TO FINANCE
• May 22, 2012: REPORTED AND COMMITTED TO FINANCE
• May 8, 2012: PRINT NUMBER 4880C
• May 8, 2012: AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• May 24, 2011: referred to ways and means
• May 24, 2011: DELIVERED TO ASSEMBLY
• May 24, 2011: PASSED SENATE
• May 18, 2011: ADVANCED TO THIRD READING
• May 17, 2011: 2ND REPORT CAL.
• May 16, 2011: 1ST REPORT CAL.670
• May 12, 2011: PRINT NUMBER 4880B
• May 12, 2011: PRINT NUMBER 4880A
• May 12, 2011: AMEND AND RECOMMIT TO FINANCE
• May 5, 2011: PRINT NUMBER 4880A
• May 5, 2011: AMEND (T) AND RECOMMIT TO FINANCE
• May 3, 2011: REPORTED AND COMMITTED TO FINANCE
• Apr 28, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4880C-2011 Meetings

Investigations and Government Operations: May 22, 2012

S4880C-2011 Votes

S4880C-2011 Memo

BILL NUMBER:S4880C

TITLE OF BILL:
An act
to amend the tax law,
in relation to establishing a motor fuel holiday tax credit for the
2012 tax year

PURPOSE:
This legislation will remove New York State fuel sales taxes on the
specific holiday weekends of Memorial Day, Independence Day and Labor
Day during the summer months of 2012.

SUMMARY OF PROVISIONS:
Section One - amends section 606 tax law by adding a new subsection
(uu). (uu) Motor fuel holiday tax credit. (1) Residents. For the tax
year beginning on January 1, 2012 and ending before January 1, 2013, a
tax payer shall be allowed a credit, to be computed as provided in
paragraph four of this subsection, against the taxes imposed by this
article for taxes paid upon motor fuel and diesel motor fuel tax
holiday;
provided, that such credit shall not exceed twenty-five dollars. If
the amount of credit allowable under this subsection for any tax year
shall exceed the taxpayer's tax for such year, the excess may be
carried over to the following year or years and may be deducted from
the taxpayer's tax for such year or years.

Section One - also states (2) Nonresidents. In the case of a
nonresident taxpayer or a part-year resident taxpayer, the credit
determined under this subsection shall be limited to the amount
determined by multiplying the amount of such credit by the New York
source fraction as set forth in paragraph three of subsection (e) of
section six hundred one of this article. The credit as so limited
shall be applied as provided in paragraph one of this subsection.

Section One - defines "Motor fuel tax holiday" shall mean (i) the
period commencing on the Friday immediately preceding Memorial day
and ending on the first Tuesday after Memorial day; (ii) the period
commencing on the Friday immediately preceding the fourth of July and
ending on the first Monday after the fourth of July; and (iii) the
period commencing on the Friday immediately preceding Labor day and
ending on the first Tuesday following Labor day. "Diesel motor fuel"
and "motor fuel" shall have the same meanings, and "filling station"
shall have the same meaning as section 282 of this chapter.

Section One - states that the credit computation for the purchase of
motor fuel, the credit shall equal the product of 33 cents multiplied
by the number of gallon of gasoline purchased in this state during a
motor fuel tax holiday, provided that such claim is supported by
receipts listing the number of gallons purchased and the location of
the filling station where such motor fuel was purchased. For the
purchase of diesel motor fuel, the credit shall equal the product of
32 cents multiplied by the number of gallons of diesel motor fuel
purchased in this state during a motor fuel tax holiday, provided
that such claim is supported by receipts listing the number of


gallons purchased and the location of the filling station where such
diesel motor fuel was purchased.

Section Two - this act shall take effect immediately.

JUSTIFICATION:
Whether brought on by market tensions or mere speculation, New Yorkers
are being negatively impacted by rising gas prices. Projections
estimate gas prices could reach five dollars a gallon by summer,
perhaps even higher.

This legislation would suspend the three separate state taxes on fuel
the 8-cent excise tax, the 8-cent sales tax and the 17-cent Petroleum
Business Tax - during the busy four-day Memorial Day, Independence
Day and Labor Day holiday weekends, providing consumers an immediate
savings of 33-cents per gallon of gasoline - about $5 to $6 a fill-up.

While other countries are getting rich at our expense, Our blue collar
families and small business owners are being mugged. Governments
should not smile and watch their government coffers grow as taxpayer
misery skyrockets with ever increasing gas prices.

New York prides itself on the colorful diversity of vacation spots
throughout the state. Whether it is camping in the Adirondacks, going
to the Saratoga Race Track, hitting the beaches in Coney Island,
seeing a show on Broadway or touring the grape growing regions of
central and western New York, as a state we have so much to offer.

As we come closer to the busy summer travel season, it is often on the
Memorial Day, Independence Day and Labor Day four-day weekends that
New Yorkers have the opportunity to take a vacation and spend time
traveling. This legislation helps people across the State of New York
enjoy their time off with families, while giving our local economy a
boost.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
Approximately $60 million to the state.

EFFECTIVE DATE:
Immediately, with provisions.

S4880C-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4880--C

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 28, 2011
                                 ___________

  Introduced  by  Sens.  BALL,  GRISANTI,  LARKIN,  NOZZOLIO, RANZENHOFER,
    ROBACH -- read twice and ordered  printed,  and  when  printed  to  be
    committed to the Committee on Investigations and Government Operations
    -- reported favorably from said committee and committed to the Commit-
    tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said  committee  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to  said  committee  -- recommitted to the Committee on Investigations
    and Government Operations in accordance with Senate Rule 6, sec. 8  --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee

  AN ACT to amend the tax law, in relation to establishing  a  motor  fuel
    holiday tax credit for the 2012 tax year

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


    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
  subsection (uu) to read as follows:

    (UU)  MOTOR  FUEL  HOLIDAY TAX CREDIT. (1) RESIDENTS. FOR THE TAX YEAR
  BEGINNING ON JANUARY FIRST, TWO THOUSAND TWELVE AND ENDING BEFORE  JANU-
  ARY  FIRST, TWO THOUSAND THIRTEEN, A TAXPAYER SHALL BE ALLOWED A CREDIT,
  TO BE COMPUTED AS PROVIDED IN PARAGRAPH FOUR OF THIS SUBSECTION, AGAINST
  THE TAXES IMPOSED BY THIS ARTICLE FOR TAXES PAID  UPON  MOTOR  FUEL  AND
  DIESEL  MOTOR FUEL PURCHASED FROM A FILLING STATION IN THIS STATE DURING
  A MOTOR FUEL TAX HOLIDAY; PROVIDED, HOWEVER, THAT SUCH CREDIT SHALL  NOT
  EXCEED  TWENTY-FIVE DOLLARS. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER
  THIS SUBSECTION FOR ANY TAX YEAR SHALL EXCEED  THE  TAXPAYER'S  TAX  FOR
  SUCH YEAR, THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS
  AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
    (2) NONRESIDENTS. IN THE CASE OF A NONRESIDENT TAXPAYER OR A PART-YEAR
  RESIDENT  TAXPAYER, THE CREDIT DETERMINED UNDER THIS SUBSECTION SHALL BE
  LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE AMOUNT OF SUCH CRED-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11057-14-2

 S. 4880--C                          2

  IT BY THE NEW YORK SOURCE FRACTION AS SET FORTH IN  PARAGRAPH  THREE  OF
  SUBSECTION (E) OF SECTION SIX HUNDRED ONE OF THIS ARTICLE. THE CREDIT AS
  SO  LIMITED  SHALL  BE  APPLIED  AS  PROVIDED  IN  PARAGRAPH ONE OF THIS
  SUBSECTION.
    (3) DEFINITIONS. FOR PURPOSES OF THIS SUBSECTION:

    (A)  "MOTOR  FUEL TAX HOLIDAY" SHALL MEAN (I) THE PERIOD COMMENCING ON
  THE FRIDAY IMMEDIATELY PRECEDING MEMORIAL DAY AND ENDING  ON  THE  FIRST
  TUESDAY  AFTER  MEMORIAL  DAY;  (II) THE PERIOD COMMENCING ON THE FRIDAY
  IMMEDIATELY PRECEDING THE FOURTH DAY OF JULY AND  ENDING  ON  THE  FIRST
  MONDAY  FOLLOWING THE FOURTH OF JULY; AND (III) THE PERIOD COMMENCING ON
  THE FRIDAY IMMEDIATELY PRECEDING LABOR DAY AND ENDING ON THE FIRST TUES-
  DAY FOLLOWING LABOR DAY.
    (B) "DIESEL MOTOR FUEL" AND "MOTOR FUEL" SHALL HAVE THE SAME  MEANINGS
  AS SECTION TWO HUNDRED EIGHTY-TWO OF THIS CHAPTER.
    (C)  "FILLING  STATION"  SHALL  HAVE  THE  SAME MEANING AS SECTION TWO
  HUNDRED EIGHTY-TWO OF THIS CHAPTER.
    (4) CREDIT COMPUTATION. FOR THE PURCHASE OF  MOTOR  FUEL,  THE  CREDIT
  SHALL  EQUAL  THE PRODUCT OF THIRTY-THREE CENTS MULTIPLIED BY THE NUMBER
  OF GALLONS OF GASOLINE PURCHASED IN THIS STATE DURING A MOTOR  FUEL  TAX
  HOLIDAY,  PROVIDED  THAT SUCH CLAIM IS SUPPORTED BY RECEIPTS LISTING THE
  NUMBER OF GALLONS PURCHASED AND THE  LOCATION  OF  THE  FILLING  STATION
  WHERE  SUCH  MOTOR  FUEL WAS PURCHASED. FOR THE PURCHASE OF DIESEL MOTOR
  FUEL, THE CREDIT SHALL EQUAL THE PRODUCT OF THIRTY-TWO CENTS  MULTIPLIED
  BY  THE  NUMBER  OF GALLONS OF DIESEL MOTOR FUEL PURCHASED IN THIS STATE
  DURING A MOTOR FUEL TAX HOLIDAY, PROVIDED THAT SUCH CLAIM  IS  SUPPORTED
  BY  RECEIPTS LISTING THE NUMBER OF GALLONS PURCHASED AND THE LOCATION OF
  THE FILLING STATION WHERE SUCH DIESEL MOTOR FUEL WAS PURCHASED.
    S 2. This act shall take effect immediately.