Bill Text: NY A08028 | 2013-2014 | General Assembly | Introduced


Bill Title: Extends the authority of the county of Nassau to impose additional sales and compensating use taxes; extends local government assistance programs in Nassau county.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-07-12 - signed chap.136 [A08028 Detail]

Download: New_York-2013-A08028-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8028
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 16, 2013
                                      ___________
       Introduced by M. of A. SALADINO -- read once and referred to the Commit-
         tee on Ways and Means
       AN  ACT  to amend the tax law, in relation to extending the authority of
         the county of Nassau to impose additional sales and  compensating  use
         taxes,  and  extending  local government assistance programs in Nassau
         county
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Clause  2 of subparagraph (i) of the opening paragraph of
    2  section 1210 of the tax law, as amended by chapter 246 of  the  laws  of
    3  2011, is amended to read as follows:
    4    (2) the county of Nassau is hereby further authorized and empowered to
    5  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
    6  taxes at a rate which is three-quarters percent additional to the  three
    7  percent  rate authorized above in this paragraph for such county for the
    8  period beginning January first, nineteen hundred eighty-six  and  ending
    9  November  thirtieth,  two  thousand  [thirteen]  FIFTEEN, subject to the
   10  limitation set forth in section twelve hundred sixty-two-e of this arti-
   11  cle, and also at a rate which is  one-half  percent  additional  to  the
   12  three percent rate authorized above in this paragraph, and which is also
   13  additional  to  the three-quarters percent rate also authorized above in
   14  this clause for such county, for the period beginning  September  first,
   15  nineteen  hundred ninety-one and ending November thirtieth, two thousand
   16  [thirteen] FIFTEEN;
   17    S 2. Section 1262-e of the tax law, as amended by chapter 246  of  the
   18  laws of 2011, is amended to read as follows:
   19    S  1262-e.  Establishment  of  local government assistance programs in
   20  Nassau county. 1. Towns and cities. Notwithstanding any other  provision
   21  of  law  to  the  contrary,  for  the calendar year beginning on January
   22  first, nineteen hundred ninety-eight and continuing through the calendar
   23  year beginning on January first, two thousand  [thirteen]  FIFTEEN,  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10923-01-3
       A. 8028                             2
    1  county of Nassau shall enact and establish a local government assistance
    2  program for the towns and cities within such county to assist such towns
    3  and  cities to minimize real property taxes; defray the cost and expense
    4  of  the  treatment, collection, management, disposal, and transportation
    5  of municipal solid waste, and to comply with the provisions  of  chapter
    6  two  hundred  ninety-nine  of the laws of nineteen hundred eighty-three;
    7  and defray  the  cost  of  maintaining  conservation  and  environmental
    8  control  programs.  Such  special  assistance  program for the towns and
    9  cities within such county and the funding for such program  shall  equal
   10  one-third of the revenues received by such county from the imposition of
   11  the  three-quarters  percent sales and use tax during calendar years two
   12  thousand one, two thousand two, two thousand three, two  thousand  four,
   13  two  thousand  five,  two thousand six, two thousand seven, two thousand
   14  eight, two thousand nine, two thousand ten,  two  thousand  eleven,  two
   15  thousand  twelve [and], two thousand thirteen, TWO THOUSAND FOURTEEN AND
   16  TWO THOUSAND FIFTEEN  additional  to  the  regular  three  percent  rate
   17  authorized  for  such county in section twelve hundred ten of this arti-
   18  cle. The monies for such special local  assistance  shall  be  paid  and
   19  distributed  to  the  towns  and  cities on a per capita basis using the
   20  population figures in the latest decennial  federal  census.    Provided
   21  further,  that notwithstanding any other law to the contrary, the estab-
   22  lishment of such special assistance program shall preclude any  city  or
   23  town  within  such  county  from  preempting or claiming under any other
   24  section of this chapter the revenues derived  from  the  additional  tax
   25  authorized  by  section  twelve  hundred  ten  of this article. Provided
   26  further, that any such town or towns may,  by  resolution  of  the  town
   27  board,  apportion  all  or  a  part  of  monies received in such special
   28  assistance program  to  an  improvement  district  or  special  district
   29  account within such town or towns in order to accomplish the purposes of
   30  this special assistance program.
   31    2. Villages. Notwithstanding any other provision of law to the contra-
   32  ry,  for  the calendar year beginning on January first, nineteen hundred
   33  ninety-eight and continuing through the calendar year beginning on Janu-
   34  ary first, two thousand [thirteen] FIFTEEN, the  county  of  Nassau,  by
   35  local law, is hereby empowered to enact and establish a local government
   36  assistance  program  for  the villages within such county to assist such
   37  villages to minimize real property taxes; defray the cost and expense of
   38  the treatment, collection, management, disposal, and  transportation  of
   39  municipal  solid  waste; and defray the cost of maintaining conservation
   40  and environmental control programs. The funding of such local assistance
   41  program for the villages within such county may be  provided  by  Nassau
   42  county  during  any calendar year in which such village local assistance
   43  program is in effect and shall not  exceed  one-sixth  of  the  revenues
   44  received from the imposition of the three-quarters percent sales and use
   45  tax  that  are  remaining after the towns and cities have received their
   46  funding pursuant to the provisions of subdivision one of  this  section.
   47  The  funding for such village local assistance program shall be paid and
   48  distributed to the villages on a per capita basis using  the  population
   49  figures  in  the latest decennial federal census. Provided further, that
   50  the  establishment  of  such  village  local  assistance  program  shall
   51  preclude  any  village  within  such  county from preempting or claiming
   52  under any other section of this chapter the revenues  derived  from  the
   53  additional tax authorized by section twelve hundred ten of this article.
   54    S 3. This act shall take effect immediately.
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