N.Y.
Tax Law Section 1299-H
Deposit and disposition of revenue
(a)
Any surcharge, interest, and penalties collected or received by the commissioner shall be deposited daily with such responsible banks, banking houses or trust companies, as may be designated by the comptroller, to the credit of the comptroller in trust for the metropolitan transportation authority. An account may be established in one or more of such depositories. Such deposits will be kept separate and apart from all other money in the possession of the comptroller. The comptroller shall require adequate security from all such depositories. Of the total revenue collected or received under this article, the comptroller shall retain such amount as the commissioner may determine to be necessary for refunds under this article. The commissioner is authorized and directed to deduct from the amounts it receives under this article, before deposit into the trust accounts designated by the comptroller, a reasonable amount necessary to effectuate refunds of appropriations of the department to reimburse the department for the costs incurred to administer, collect and distribute the surcharge, interest, and penalties imposed by this article.(b)
On or before the twelfth day of each month, after reserving such amount for such refunds and deducting such amounts for such costs, as provided for in subdivision (a) of this section, the commissioner shall certify to the comptroller the amount of revenues so received during the prior month as a result of the surcharge, interest and penalties so imposed. Notwithstanding any provision of law to the contrary, after deducting the amounts specified in the previous sentence, the first three hundred sixty-two million dollars collected or received in calendar year two thousand nineteen, the first three hundred one million dollars collected or received in calendar year two thousand twenty, and the first three hundred million dollars collected or received in each calendar year thereafter, shall be deposited by the comptroller, without appropriation, pursuant to subdivision (c) of this section. The next fifty million dollars collected or received in calendar year two thousand nineteen, and in each year thereafter, in excess of funds collected and deposited pursuant to subdivision (c) of this section, shall be deposited by the comptroller, without appropriation, pursuant to subdivision (d) of this section, provided, however, that any uncommitted fund balance at the end of each calendar year through the approval process of subdivision three of Public Authorities Law § 1270-I (New York city transportation assistance fund)section twelve hundred seventy-i of the public authorities law shall be transferred on the last business day of the calendar year by the metropolitan transportation authority from the outer borough transportation account to the general transportation account of the New York city transportation assistance fund created by Public Authorities Law § 1270-I (New York city transportation assistance fund)section twelve hundred seventy-i of the public authorities law. Any amounts collected or received, in any year, that are in excess of the amounts deposited pursuant to subdivisions (c) and (d) of this section, shall be deposited by the comptroller, without appropriation, pursuant to subdivision (e) of this section.(c)
The amount of revenues so certified shall be paid over by the fifteenth business day of each succeeding month from such account, without appropriation, into the subway action plan account of the New York city transportation assistance fund established pursuant to Public Authorities Law § 1270-I (New York city transportation assistance fund)section twelve hundred seventy-i of the public authorities law.(d)
The amount of revenues so certified that are in excess of the amounts deposited as provided in subdivision (c) of this section, shall be paid over by the fifteenth business day of each succeeding month from such account, without appropriation, into the outer borough transportation account of the New York city transportation assistance fund established pursuant to Public Authorities Law § 1270-I (New York city transportation assistance fund)section twelve hundred seventy-i of the public authorities law.(e)
The amount of revenues so certified that are in excess of the amounts deposited as provided in subdivisions (c) and (d) of this section, shall be paid over by the fifteenth business day of each succeeding month from such account, without appropriation, into the general transportation account of the New York city transportation assistance fund established pursuant to Public Authorities Law § 1270-I (New York city transportation assistance fund)section twelve hundred seventy-i of the public authorities law.(f)
Notwithstanding any provision of law to the contrary, any surcharge imposed by this article that is paid in connection with transportation provided to persons eligible for medical assistance who are transported pursuant to Social Services Law § 365-H (Provision and reimbursement of transportation costs)section three hundred sixty-five-h of the social services law shall be transferred on a quarterly basis from the account specified in paragraph (a) of this section to the Medicaid management information system escrow fund. The commissioner of health shall collect the Medicaid transportation data necessary to determine an amount to be transferred each quarter; provided that such amount shall be reconciled in the subsequent quarter to reflect actual Medicaid surcharge expenditures; and further provided that any difference between the amount transferred and the reconciled amount shall be added to or subtracted from the amount transferred in the following quarter.
Source:
Section 1299-H — Deposit and disposition of revenue, https://www.nysenate.gov/legislation/laws/TAX/1299-H (updated Apr. 27, 2018; accessed Oct. 26, 2024).
