N.Y. Tax Law § 1299-h: Deposit and disposition of revenue

§ 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 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 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 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 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 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 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.