NY State Fin L § 92-I (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 92-I - Stock Transfer Incentive Fund.

§  92-i. Stock transfer incentive fund. 1. There is hereby established in the sole custody of  the  commissioner  of  taxation  and  finance  a special fund to be known as the stock transfer incentive fund.   2.  Such  fund  shall  consist  of  moneys paid thereto from the stock transfer  tax  fund  as  provided  in  subdivision   four   of   section ninety-two-b of this chapter and all other moneys appropriated, credited or transferred thereto from any other fund or source pursuant to law.   3.  On  the  last  business  day  of  each of the months of September, December, March and June of each year commencing December  thirty-first, nineteen hundred seventy-seven, the commissioner of taxation and finance shall  determine  the sum of (i) the amounts allowable as rebates of the tax that is imposed by article twelve of the tax  law  and  is  paid  on transactions  executed  or  effected  during  the  three calendar months ending on the next-to-the-last business day of each such month and  such amounts  not  previously  allowed  for  a  preceding  period pursuant to subdivision one of section two hundred eighty-a of the tax law and, (ii) such amounts allowable as rebates pursuant to subdivision  two  of  such section  and  (iii)  on such last business day of June, nineteen hundred seventy-nine and on each of such last  days  occurring  after  the  last business  day  of  June,  nineteen  hundred  seventy-nine  such  amounts allowable and payable as  rebates  for  the  period  April  seventeenth, nineteen  hundred  seventy-eight  through  September thirtieth, nineteen hundred seventy-eight and on such last day  of  June,  nineteen  hundred seventy-nine and on each of such last days occurring after such last day of  June,  nineteen  hundred  seventy-nine  such  amounts  allowable and payable as rebates for the October first to September  thirtieth  period preceding such day by eight or more months pursuant to subdivision two-a of such section.   4.  On  the  last  business day of each such month the commissioner of taxation and finance shall certify to the director of  the  budget,  the state  comptroller  and the chief fiscal officer of the city of New York each of the amount finally determined under clauses (i), (ii) and  (iii) of subdivision three of this section.   5. The amount so certified on such last business day under subdivision four  of  this  section  shall constitute the amount required to be paid into the stock transfer incentive fund from the stock transfer tax  fund pursuant to section ninety-two-b of this chapter.   6.  (a)  (1)  For  the period beginning August first, nineteen hundred seventy-eight and ending June thirtieth, nineteen hundred  seventy-nine, on  the  last business day of each of the months of September, December, March and June, the commissioner of taxation and finance  shall  certify to  the  comptroller  the  amount  of  the  tax  imposed by this article collected during the  three  month  period  ending  on  each  such  last business  day,  except  that  on  September  thirtieth, nineteen hundred seventy-eight, the commissioner shall certify only the  amount  of  such tax collected on and after August first, nineteen hundred seventy-eight. The state comptroller shall pay forthwith an amount equal to one-half of twenty-five  percent of the amount so certified from the general fund of the state of New York to the extent that moneys have  been  appropriated and  made  available therefor; provided, however, that in no event shall the amount so paid exceed sixteen million dollars in  the  state  fiscal year beginning April first, nineteen hundred seventy-eight.  (2) Upon receipt of each certification of the commissioner of taxation and  finance  provided  for  in subdivision four of this section, on and after December thirty-first, nineteen hundred  seventy-nine  and  on  or before   September   thirtieth,   nineteen  hundred  eighty,  the  state comptroller shall forthwith pay an  amount  equal  to  one-half  of  the amount  certified  by  such  commissioner as rebates allowable under the  provisions of clause (i) of subdivision three of this section  from  the general  fund  of  the state of New York to the fund created pursuant to this section, to the extent that moneys have been appropriated and  made available   therefor.   Upon   receipt   of  the  certification  of  the commissioner of taxation and finance provided for in subdivision four of this section, on and after October first, nineteen hundred  eighty,  the state comptroller shall forthwith pay an amount equal to one-half of the amounts  certified  by  such commissioner as rebates allowable under the provisions of clauses (i) and (ii) of subdivision three of this  section from  the  general  fund  of  the state of New York, to the fund created pursuant  to  this  section  to  the  extent  that  moneys   have   been appropriated and made available therefor.  (b)  Provided, however, that the amounts paid from the general fund of the state of New York under paragraph (a) of  this  subdivision  in  the state  fiscal  year beginning April first, nineteen hundred seventy-nine shall not exceed fifty million dollars; and in  the  state  fiscal  year beginning  April  first,  nineteen hundred eighty such amounts shall not exceed ninety million dollars and in the  state  fiscal  year  beginning April  first, nineteen hundred eighty-one and in every state fiscal year thereafter such amounts shall not  exceed  one  hundred  twenty  million dollars.  (c)   Notwithstanding   the   provisions  of  paragraph  (b)  of  this subdivision, the state comptroller shall, in addition to the payments to be made under paragraph (a) of this subdivision, also pay to the  credit of the fund created pursuant to this section an amount equal to one-half of  the  costs  deducted by such commissioner for the costs of the state tax commission in administering and making distributions  in  accordance with  the provisions of subdivision four of section ninety-two-b of this chapter.   7. If on the day the commissioner of taxation and  finance  makes  the determinations  required  under  subdivision  three  of this section, he determines that, as a  result  of  the  payments  made  into  the  stock transfer  incentive  fund  pursuant to subdivisions five and six of this section, the amounts in such fund exceed the amounts determined pursuant to clauses (i), (ii) and (iii) of subdivision three of this section  for the three calendar months ending on the next-to-the-last business day of the month in which such determination is made, the amount of such excess shall  be  paid forthwith to the chief fiscal officer of the city of New York for support of local government.   8. Notwithstanding any provision of general  or  special  law  to  the contrary, all moneys of such fund shall be deposited by the commissioner of  taxation and finance in any responsible bank, banking house or trust company as may be approved by the comptroller. All amounts so  deposited shall  be  kept  separate and apart and shall not be commingled with any other moneys in the custody of the commissioner of taxation and finance. All deposits of moneys of such fund shall be secured by  obligations  of the  United  States  or  of the state having a market value equal at all times to the amount of the deposit and all banks and trust companies are authorized to give security for such deposits. Any such moneys deposited in such fund may, in the discretion of the commissioner of taxation  and finance, be invested in obligations of the United States or of the state or  in  other  obligations,  the  principal of and interest on which are guaranteed by the United States or by the state.   9. Out of such moneys deposited in the fund created by  this  section, the  commissioner  of  taxation  and  finance  shall, except for rebates payable in the manner  described  in  subdivision  six  of  section  two hundred  eighty-a  of the tax law, make the payments required to be paid on claims for rebates made pursuant to section two hundred  eighty-a  of  the  tax  law,  but  in no event shall such rebates be paid prior to the last business day of each of the months of  September,  December,  March and  June with respect to taxes paid during the period of three calendar months  ending  on each such last business day and in no event shall the rebates  allowable  under  subdivision  two-a  of  section  two  hundred eighty-a  of  the  tax  law,  be paid prior to the last day of June with respect to taxes paid during the preceding October  first  to  September thirtieth  period  except  with respect to the period April seventeenth, nineteen hundred seventy-eight  through  September  thirtieth,  nineteen hundred  seventy-eight  such  rebates  allowable  under such subdivision two-a shall not be paid prior to the last day of June, nineteen  hundred seventy-nine  preceding  such  last  day. Out of moneys deposited in the fund created by this section, the commissioner of taxation  and  finance shall   pay   to  each  exchange,  affiliated  clearing  corporation  or authorized  agency  which  shall  have  remitted  amounts  to  the   tax commission,  in  the  manner set forth in subdivision six of section two hundred eighty-a  of  the  tax  law,  the  rebate  payable  pursuant  to subdivisions  one  and  two  of such section, the rebates payable in the manner described in subdivision six of section two hundred  eighty-a  of the  tax  law  not later than the day after the day the tax equal to the amount of such rebates is remitted to  the  tax  commission  under  such subdivision  and paid to the fund created by this section from the stock transfer tax fund pursuant to section ninety-two-b of this chapter. Upon such payment  the  liability  of  the  state  therefor  shall  be  fully discharged.   10.  In  the  event  that moneys deposited in the fund created by this section are insufficient to pay such rebates, the city of New York shall pay any such deficiency to such fund in accordance with local law.   11. The commissioner of taxation and finance shall not be held  liable for any inaccuracy in any certification under this section.