§ 1299-H — Deposit and disposition of revenue

New York § 1299-H

• Jurisdiction: New York
• Law TAX: Tax
• Art. 29-C: Congestion Surcharge

Text

§ 1299-H. Deposit and disposition of revenue. (a) Any surcharge,\ninterest, and penalties collected or received by the commissioner shall\nbe deposited daily with such responsible banks, banking houses or trust\ncompanies, as may be designated by the comptroller, to the credit of the\ncomptroller in trust for the metropolitan transportation authority. An\naccount may be established in one or more of such depositories. Such\ndeposits will be kept separate and apart from all other money in the\npossession of the comptroller. The comptroller shall require adequate\nsecurity from all such depositories. Of the total revenue collected or\nreceived under this article, the comptroller shall retain such amount as\nthe commissioner may determine to be necessary for refunds under this\narticle. The commissioner is authorized and directed to deduct from the\namounts it receives under this article, before deposit into the trust\naccounts designated by the comptroller, a reasonable amount necessary to\neffectuate refunds of appropriations of the department to reimburse the\ndepartment for the costs incurred to administer, collect and distribute\nthe surcharge, interest, and penalties imposed by this article.\n (b) On or before the twelfth day of each month, after reserving such\namount for such refunds and deducting such amounts for such costs, as\nprovided for in subdivision (a) of this section, the commissioner shall\ncertify to the comptroller the amount of revenues so received during the\nprior month as a result of the surcharge, interest and penalties so\nimposed. Notwithstanding any provision of law to the contrary, after\ndeducting the amounts specified in the previous sentence, the first\nthree hundred sixty-two million dollars collected or received in\ncalendar year two thousand nineteen, the first three hundred one million\ndollars collected or received in calendar year two thousand twenty, and\nthe first three hundred million dollars collected or received in each\ncalendar year thereafter, shall be deposited by the comptroller, without\nappropriation, pursuant to subdivision (c) of this section. The next\nfifty million dollars collected or received in calendar year two\nthousand nineteen, and in each year thereafter, in excess of funds\ncollected and deposited pursuant to subdivision (c) of this section,\nshall be deposited by the comptroller, without appropriation, pursuant\nto subdivision (d) of this section, provided, however, that any\nuncommitted fund balance at the end of each calendar year through the\napproval process of subdivision three of section twelve hundred\nseventy-i of the public authorities law shall be transferred on the last\nbusiness day of the calendar year by the metropolitan transportation\nauthority from the outer borough transportation account to the general\ntransportation account of the New York city transportation assistance\nfund created by section twelve hundred seventy-i of the public\nauthorities law. Any amounts collected or received, in any year, that\nare in excess of the amounts deposited pursuant to subdivisions (c) and\n(d) of this section, shall be deposited by the comptroller, without\nappropriation, pursuant to subdivision (e) of this section.\n (c) The amount of revenues so certified shall be paid over by the\nfifteenth business day of each succeeding month from such account,\nwithout appropriation, into the subway action plan account of the New\nYork city transportation assistance fund established pursuant to section\ntwelve hundred seventy-i of the public authorities law.\n (d) The amount of revenues so certified that are in excess of the\namounts deposited as provided in subdivision (c) of this section, shall\nbe paid over by the fifteenth business day of each succeeding month from\nsuch account, without appropriation, into the outer borough\ntransportation account of the New York city transportation assistance\nfund established pursuant to section twelve hundred seventy-i of the\npublic authorities law.\n (e) The amount of revenues so certified that are in excess of the\namounts deposited as provided in subdivisions (c) and (d) of this\nsection, shall be paid over by the fifteenth business day of each\nsucceeding month from such account, without appropriation, into the\ngeneral transportation account of the New York city transportation\nassistance fund established pursuant to section twelve hundred seventy-i\nof the public authorities law.\n (f) Notwithstanding any provision of law to the contrary, any\nsurcharge imposed by this article that is paid in connection with\ntransportation provided to persons eligible for medical assistance who\nare transported pursuant to section three hundred sixty-five-h of the\nsocial services law shall be transferred on a quarterly basis from the\naccount specified in paragraph (a) of this section to the Medicaid\nmanagement information system escrow fund. The commissioner of health\nshall collect the Medicaid transportation data necessary to determine an\namount to be transferred each quarter; provided that such amount shall\nbe reconciled in the subsequent quarter to reflect actual Medicaid\nsurcharge expenditures; and further provided that any difference between\nthe amount transferred and the reconciled amount shall be added to or\nsubtracted from the amount transferred in the following quarter.\n