Bill Text: NY S00344 | 2011-2012 | General Assembly | Amended


Bill Title: Increases from 3/4% to 1%, the rate of additional sales and compensating use taxes the county of Essex is authorized to impose.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-11 - PRINT NUMBER 344B [S00344 Detail]

Download: New_York-2011-S00344-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 344--B                                              A. 150--B
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
         ed, and when printed to be committed  to  the  Committee  on  Investi-
         gations  and  Government  Operations  --  committee  discharged,  bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  recommitted to the Committee on Investigations and Government
         Operations in accordance with Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       IN  ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and referred
         to the Committee on Ways  and  Means  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- recommitted to the Committee on Ways and  Means  in  accordance
         with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the tax law, in relation to authorizing  the  county  of
         Essex  to  impose  an additional one percent of sales and compensating
         use tax
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Clause 36 of subparagraph (i) of the opening paragraph of
    2  section 1210 of the tax law, as amended by chapter 119 of  the  laws  of
    3  2011, is amended to read as follows:
    4    (36) the county of Essex 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 of] one percent  additional  to
    7  the three percent rate authorized above in this paragraph for such coun-
    8  ty  for  the period beginning [June] DECEMBER first, two thousand [four]
    9  TWELVE, and ending November thirtieth, two thousand thirteen;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01350-04-2
       S. 344--B                           2                          A. 150--B
    1    S 2. Subparagraph (iii) of the opening paragraph of  section  1210  of
    2  the tax law, as amended by chapter 74 of the laws of 2010, is amended to
    3  read as follows:
    4    (iii)  the  maximum rate referred to in section twelve hundred twenty-
    5  four of this article  shall  be  calculated  without  reference  to  the
    6  following  additional  rates authorized in subparagraphs (i) and (ii) of
    7  this paragraph: one and one-half percent for the county of Allegany; one
    8  percent for the counties  of  Rensselaer,  Erie,  Cattaraugus,  Wyoming,
    9  Ulster,  Albany,  Suffolk,  ESSEX,  Greene, Orleans, Franklin, Herkimer,
   10  Genesee, Columbia, Schuyler, Chenango, Monroe, Steuben, Chemung, Seneca,
   11  Livingston, Niagara, Yates, Tioga, Montgomery, Delaware, Wayne, Schohar-
   12  ie, Putnam, Clinton and Onondaga and the cities of Yonkers, Mount Vernon
   13  and New Rochelle; three-quarters of one  percent  for  the  counties  of
   14  Dutchess,  [Essex,] Lewis, Orange, and Jefferson; one percent and three-
   15  quarters of one percent or one-half of one percent  for  the  county  of
   16  Oneida;  three-quarters  of  one percent and one-half of one percent for
   17  the county of Nassau; one-half of one percent  and  one-quarter  of  one
   18  percent  and  one-quarter  of  one percent for the city of White Plains;
   19  one-half or one percent for the county of Tompkins; three-eighths of one
   20  percent and five-eighths of one percent  for  the  county  of  Rockland;
   21  one-half  of  one  percent  for  the counties of Putnam and Schenectady;
   22  one-eighth of one percent and three-eighths of one percent for the coun-
   23  ty of Ontario; one-half of one percent[;] AND one-half  of  one  percent
   24  for  the  county  of Sullivan; and three-quarters of one percent or one-
   25  half of one percent for the county of Chautauqua;
   26    S 3. Subdivision (cc) of section 1224 of the  tax  law,  as  added  by
   27  chapter 139 of the laws of 2004, is amended to read as follows:
   28    (cc) The county of Essex shall have the sole right to impose the addi-
   29  tional  [three-quarters of] one percent rate of tax which such county is
   30  authorized to impose pursuant to the authority of section twelve hundred
   31  ten of this article. Such additional rate of tax shall be in addition to
   32  any other tax which such county may impose or may be  imposing  pursuant
   33  to  this  article or any other law and such additional rate of tax shall
   34  not be subject to preemption. The maximum three percent rate referred to
   35  in this section shall be calculated without reference to the  additional
   36  [three-quarters of] one percent rate of tax which the county of Essex is
   37  authorized and empowered to adopt pursuant to section twelve hundred ten
   38  of this article.
   39    S 4. This act shall take effect December 1, 2012; provided that on and
   40  after  the  date this act shall have become a law, Essex county shall be
   41  authorized to adopt and amend local laws, ordinances, or resolutions  to
   42  impose  the additional rate of tax authorized by this act to take effect
   43  as provided for in this act.
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