STATE OF NEW YORK
        ________________________________________________________________________

                                          5476

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 6, 2023
                                       ___________

        Introduced  by  Sen. JACKSON -- 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 imposing an  excise  tax  on
          the sale of ammunition; to amend the state finance law, in relation to
          establishing  the gun violence impact fund; and to amend the executive
          law, in relation to authorizing the director of the office  of  victim
          services to administer grants from the gun violence impact fund

          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  article
    21  shall be deposited and disposed of pursuant to the provisions of section
    22  one hundred seventy-one-a of this chapter, provided that an amount equal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03158-01-3

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     1  to  one  hundred  percent  collected  under this article less any amount
     2  determined by the commissioner to be reserved  by  the  comptroller  for
     3  refunds or reimbursements shall be paid by the comptroller to the credit
     4  of  the  gun violence impact fund created in section ninety-two-j of the
     5  state finance law.
     6    § 462. Administrative provisions. The  tax  imposed  by  this  section
     7  shall  be  administered  and  collected  in  a  like manner as the taxes
     8  imposed under article twenty-eight of this chapter, and the  definitions
     9  and  the provisions applicable to the administration, collection, deter-
    10  mination, enforcement, and disposition of the taxes imposed  by  article
    11  twenty-eight  of  this  chapter  shall  apply to the tax imposed by this
    12  section insofar as such provisions can be made applicable  to  such  tax
    13  with  the  limitations set forth herein and such modifications as may be
    14  necessary in order to adapt such provisions to  the  tax  imposed.  Such
    15  provisions shall apply with the same force and effect as if the language
    16  of  such  provisions  had been set forth in full in this section and had
    17  been expressly referred to the tax imposed by this section except to the
    18  extent that any of such provisions is either inconsistent with or is not
    19  relevant to this section.
    20    § 2. The state finance law is amended by adding a new section 92-j  to
    21  read as follows:
    22    §  92-j.  Gun violence impact fund. 1. There is hereby established, in
    23  the joint custody of the comptroller and the commissioner a fund  to  be
    24  known as the "gun violence impact fund".
    25    2.  Such fund shall consist of all monies credited or deposited to the
    26  fund pursuant to section four hundred sixty-one of the tax law  and  all
    27  monies  credited  or  transferred thereto from any other fund or source,
    28  including any federal, state, or private funds, pursuant to law for  the
    29  purposes  of  reimbursement  or  payment  on  behalf  of the expenses of
    30  victims of gun violence for the expenses set forth in subdivision  three
    31  of this section.
    32    3.  Moneys  of  the  gun  violence impact fund shall be used solely to
    33  award grants, according to the rules and regulations of the director  of
    34  the  office of victim services, to or on behalf of qualifying recipients
    35  as provided in subdivision twenty-four of section  six  hundred  twenty-
    36  three of the executive law.
    37    4.  Monies in the gun violence impact fund shall be kept separate from
    38  and shall not be commingled with any other moneys in the custody of  the
    39  comptroller.
    40    5.  Monies  in  the  gun violence impact fund shall be paid out of the
    41  fund on the audit and warrant  of  the  state  comptroller  on  vouchers
    42  approved by the director of the office of victim services.  Any interest
    43  received  by  the  comptroller  on monies on deposit in the gun violence
    44  impact fund shall be retained in and become part of such fund.
    45    § 3. Section 623 of the executive law  is  amended  by  adding  a  new
    46  subdivision 24 to read as follows:
    47    24.  To  adopt, promulgate, amend and rescind suitable rules and regu-
    48  lations to receive applications for and administer grants from  the  gun
    49  violence  impact  fund  created  by  section  ninety-two-j  of the state
    50  finance law to qualified recipients as determined by the director of the
    51  office of victim services.
    52    (a) As used in this subdivision:
    53    (i) "qualified recipient" means a full-time state resident who was the
    54  victim of an injury that occurred within the state and that  was  caused
    55  by one or more gunshots or the immediate family member of such resident;
    56  and

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     1    (ii)  "immediate  family  member"  means a spouse or domestic partner;
     2  birth and adoptive parents, children and  siblings;  stepparents,  step-
     3  children  and stepsiblings; fathers-in-law, mothers-in-law, brothers-in-
     4  law, sisters-in-law, sons-in-law and daughters-in-law; and  grandparents
     5  and grandchildren.
     6    (b) Grants may be, but are not required to be, made for actual medical
     7  or  funeral expenses of a qualified recipient, access for a recipient or
     8  an immediate family member of the qualified recipient to  mental  health
     9  resources,  and  other  expenses  as  determined  by the director of the
    10  office.
    11    (c)(i) No grant shall be awarded to any person who was responsible  in
    12  whole  or  in  part  for  his  or her injury, or to the immediate family
    13  member of such claimant.
    14    (ii) No grant shall be awarded to pay  any  expenses  of  a  qualified
    15  recipient's  immediate  family member who was responsible in whole or in
    16  part for the injury suffered by a qualified recipient or by other  imme-
    17  diate family members of such qualified recipient.
    18    (d)  No grant shall be made to cover any expenses that are paid for or
    19  reimbursed by insurance or other third-party sources.
    20    (e) Any award of a grant under this section shall be  subject  to  the
    21  availability  of  funding  in  the  gun  violence impact fund created by
    22  section ninety-two-j of the state finance law.
    23    § 4. This act shall take effect on the  first  day  of  the  quarterly
    24  sales tax period, as set forth in subdivision (b) of section 1136 of the
    25  tax  law, next succeeding the ninetieth day after it shall have become a
    26  law, and shall apply in  accordance  with  the  applicable  transitional
    27  provisions of section 1106 of the tax law.