Bill Text: NY A07165 | 2013-2014 | General Assembly | Introduced


Bill Title: Extends the expiration of the authorization of county of Chautauqua to impose an additional 1/2% sales and use taxes until November 30, 2015.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-07-31 - signed chap.223 [A07165 Detail]

Download: New_York-2013-A07165-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7165
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 3, 2013
                                      ___________
       Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
         tee on Ways and Means
       AN ACT to amend the tax law, in relation to extending the expiration  of
         the provisions authorizing the county of Chautauqua to impose an addi-
         tional one-half of one percent sales and compensating use taxes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Item (iv) of clause 38 of subparagraph (i) of  the  opening
    2  paragraph  of  section 1210 of the tax law, as amended by chapter 249 of
    3  the laws of 2011, is amended to read as follows:
    4    (iv) one-half of one percent additional  to  the  three  percent  rate
    5  authorized above in this paragraph for such county for the period begin-
    6  ning December first, two thousand ten and ending November thirtieth, two
    7  thousand [thirteen] FIFTEEN;
    8    S  2.  Section 1262-o of the tax law, as amended by chapter 249 of the
    9  laws of 2011, is amended to read as follows:
   10    S 1262-o. Disposition of net collections from the additional  rate  of
   11  sales  and compensating use taxes in the county of Chautauqua.  Notwith-
   12  standing any contrary provision of law,  if  the  county  of  Chautauqua
   13  imposes  the  additional  one  and one-quarter percent rate of sales and
   14  compensating use taxes authorized by section twelve hundred ten of  this
   15  article  for all or any portion of the period beginning March first, two
   16  thousand five and ending August  thirty-first,  two  thousand  six,  the
   17  additional one percent rate authorized by such section for all or any of
   18  the period beginning September first, two thousand six and ending Novem-
   19  ber  thirtieth, two thousand seven, the additional three-quarters of one
   20  percent rate authorized by such section for all or  any  of  the  period
   21  beginning December first, two thousand seven and ending November thirti-
   22  eth,  two  thousand  ten, the county shall allocate one-fifth of the net
   23  collections from the additional three-quarters of  one  percent  to  the
   24  cities,  towns  and villages in the county on the basis of their respec-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10555-01-3
       A. 7165                             2
    1  tive populations, determined in accordance  with  the  latest  decennial
    2  federal  census  or  special population census taken pursuant to section
    3  twenty of the general municipal law completed and published prior to the
    4  end  of  the  quarter for which the allocation is made, and allocate the
    5  remainder of the net collections from the additional  three-quarters  of
    6  one  percent  as  follows: (1) to pay the county's expenses for Medicaid
    7  and other expenses required by law; (2) to pay for local road and bridge
    8  projects; (3) for the purposes of  capital  projects  and  repaying  any
    9  debts  incurred  for  such  capital projects in the county of Chautauqua
   10  that are not otherwise paid for by revenue received  from  the  mortgage
   11  recording  tax;  and  (4)  for  deposit  into  a reserve fund for bonded
   12  indebtedness established pursuant to the general municipal law. Notwith-
   13  standing any contrary provision of law,  if  the  county  of  Chautauqua
   14  imposes  the  additional one-half percent rate of sales and compensating
   15  use taxes authorized by such section twelve hundred ten for all  or  any
   16  of  the  period  beginning  December  first, two thousand ten and ending
   17  November thirtieth, two thousand [thirteen] FIFTEEN,  the  county  shall
   18  allocate  three-tenths  of  the net collections from the additional one-
   19  half of one percent to the cities, towns and villages in the  county  on
   20  the basis of their respective populations, determined in accordance with
   21  the  latest  decennial federal census or special population census taken
   22  pursuant to section twenty of the general municipal  law  completed  and
   23  published  prior  to  the end of the quarter for which the allocation is
   24  made, and allocate the remainder of the net collections from  the  addi-
   25  tional  one-half  of  one  percent  as  follows: (1) to pay the county's
   26  expenses for Medicaid and other expenses required by law; (2) to pay for
   27  local road and bridge projects; (3) for the purposes of capital projects
   28  and repaying any debts incurred for such capital projects in the  county
   29  of  Chautauqua  that are not otherwise paid for by revenue received from
   30  the mortgage recording tax; and (4) for deposit into a reserve fund  for
   31  bonded  indebtedness  established pursuant to the general municipal law.
   32  The net collections from the additional rates imposed pursuant  to  this
   33  section shall be deposited in a special fund to be created by such coun-
   34  ty separate and apart from any other funds and accounts of the county to
   35  be used for purposes above described.
   36    S 3. This act shall take effect immediately.
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