Bill Text: NY A07206 | 2017-2018 | General Assembly | Introduced


Bill Title: Extends the authorization for Oneida county to impose additional rates of sales and compensating use taxes and provides for allocation and distribution of a portion of net collections from such additional rates.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A07206 Detail]

Download: New_York-2017-A07206-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7206
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 12, 2017
                                       ___________
        Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
          tee on Ways and Means
        AN ACT to amend the tax law, in relation to authorizing Oneida county to
          impose  additional  rates  of  sales  and  compensating  use taxes and
          providing  for  allocation  and  distribution  of  a  portion  of  net
          collections from such additional rates
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Clause 13 of subparagraph (i) of the opening  paragraph  of
     2  section  1210  of  the tax law, as amended by chapter 185 of the laws of
     3  2015, is amended to read as follows:
     4    (13) the county of Oneida is hereby further authorized  and  empowered
     5  to  adopt  and amend local laws, ordinances or resolutions imposing such
     6  taxes at a rate which is:  (i)  one  percent  additional  to  the  three
     7  percent  rate authorized above in this paragraph for such county for the
     8  period beginning September first, nineteen hundred ninety-two and ending
     9  November thirtieth, two thousand [seventeen] nineteen; and also (ii)  at
    10  a rate which is three-quarters of one percent or one-half of one percent
    11  additional to the three percent rate authorized above in this paragraph,
    12  and  which  is  also  additional to the one percent rate also authorized
    13  above in this clause for such county, for the period beginning  December
    14  first,  two  thousand  eight and ending November thirtieth, two thousand
    15  [seventeen] nineteen;
    16    § 2. Section 1262-g of the tax law, as amended by chapter 185  of  the
    17  laws of 2015, is amended to read as follows:
    18    § 1262-g. Oneida county allocation and distribution of net collections
    19  from  the  additional  one  percent  rate  of sales and compensating use
    20  taxes. Notwithstanding any contrary provision of law, if the  county  of
    21  Oneida  imposes  sales and compensating use taxes at a rate which is one
    22  percent additional to the  three  percent  rate  authorized  by  section
    23  twelve  hundred  ten of this article, as authorized by such section, (a)
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10879-01-7

        A. 7206                             2
     1  where a city in such county imposes tax pursuant  to  the  authority  of
     2  subdivision  (a)  of  such section twelve hundred ten, such county shall
     3  allocate, distribute and pay in cash quarterly to such city one-half  of
     4  the  net collections attributable to such additional one percent rate of
     5  the county's taxes collected in such city's boundaries; (b) where a city
     6  in such county does not impose tax pursuant to  the  authority  of  such
     7  subdivision  (a)  of  such section twelve hundred ten, such county shall
     8  allocate, distribute and pay in cash  quarterly  to  such  city  not  so
     9  imposing  tax  a portion of the net collections attributable to one-half
    10  of the county's additional one percent rate of  tax  calculated  on  the
    11  basis  of  the  ratio which such city's population bears to the county's
    12  total population, such populations as determined in accordance with  the
    13  latest  decennial  federal  census  or  special  population census taken
    14  pursuant to section twenty of the general municipal  law  completed  and
    15  published  prior  to  the end of the quarter for which the allocation is
    16  made, which special census must include the entire area of  the  county;
    17  and (c) provided, however, that such county shall dedicate the first one
    18  million five hundred thousand dollars of net collections attributable to
    19  such  additional  one  percent rate of tax received by such county after
    20  the county receives in the aggregate eighteen million five hundred thou-
    21  sand dollars of net collections from such additional one percent rate of
    22  tax imposed for any of the periods: September first, two thousand twelve
    23  through August thirty-first, two thousand thirteen; September first, two
    24  thousand thirteen through August thirty-first,  two  thousand  fourteen;
    25  and  September first, two thousand fourteen through August thirty-first,
    26  two thousand fifteen; September  first,  two  thousand  fifteen  through
    27  August  thirty-first,  two  thousand  sixteen;  and September first, two
    28  thousand sixteen through August thirty-first,  two  thousand  seventeen;
    29  September first, two thousand seventeen through August thirty-first, two
    30  thousand  eighteen;  and  September first, two thousand eighteen through
    31  August thirty-first, two thousand nineteen, to an allocation  on  a  per
    32  capita basis, utilizing figures from the latest decennial federal census
    33  or  special  population  census  taken pursuant to section twenty of the
    34  general municipal law, completed and published prior to the end  of  the
    35  year  for  which  such  allocation  is  made,  which special census must
    36  include the entire area of such county, to be allocated and  distributed
    37  among the towns of Oneida county by appropriation of its board of legis-
    38  lators;  provided, further, that nothing herein shall require such board
    39  of legislators to make any such appropriation until it has been notified
    40  by any town by appropriate resolution and, in any case where there is  a
    41  village  wholly  or  partly located within a town, a resolution of every
    42  such village, embodying the  agreement  of  such  town  and  village  or
    43  villages upon the amount of such appropriation to be distributed to such
    44  village  or villages out of the allocation to the town or towns in which
    45  it is located.
    46    § 3. This act shall take effect immediately.
feedback