Bill Text: NY S05057 | 2015-2016 | 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: Committee Bill

Status: (Engrossed - Dead) 2016-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05057 Detail]

Download: New_York-2015-S05057-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5057
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2015
                                      ___________
       Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government Operations
       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 136 of  the  laws  of
    3  2013, 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  [fifteen] SEVENTEEN, 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  [fifteen] SEVENTEEN;
   17    S 2. Section 1262-e of the tax law, as amended by chapter 136  of  the
   18  laws of 2013, 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10720-01-5
       S. 5057                             2
    1  year beginning on January first, two thousand [fifteen]  SEVENTEEN,  the
    2  county of Nassau shall enact and establish a local government assistance
    3  program for the towns and cities within such county to assist such towns
    4  and  cities to minimize real property taxes; defray the cost and expense
    5  of the treatment, collection, management, disposal,  and  transportation
    6  of  municipal  solid waste, and to comply with the provisions of chapter
    7  two hundred ninety-nine of the laws of  nineteen  hundred  eighty-three;
    8  and  defray  the  cost  of  maintaining  conservation  and environmental
    9  control programs. Such special assistance  program  for  the  towns  and
   10  cities  within  such county and the funding for such program shall equal
   11  one-third of the revenues received by such county from the imposition of
   12  the three-quarters percent sales and use tax during calendar  years  two
   13  thousand  one,  two thousand two, two thousand three, two thousand four,
   14  two thousand five, two thousand six, two thousand  seven,  two  thousand
   15  eight,  two  thousand  nine,  two thousand ten, two thousand eleven, two
   16  thousand twelve, two thousand thirteen, two thousand fourteen [and], two
   17  thousand fifteen, TWO THOUSAND SIXTEEN, AND TWO THOUSAND SEVENTEEN addi-
   18  tional to the regular three percent rate authorized for such  county  in
   19  section  twelve hundred ten of this article. The monies for such special
   20  local assistance shall be paid and distributed to the towns  and  cities
   21  on  a per capita basis using the population figures in the latest decen-
   22  nial federal census.  Provided further, that notwithstanding  any  other
   23  law  to  the  contrary,  the  establishment  of  such special assistance
   24  program shall preclude any city or town within such county from preempt-
   25  ing or claiming under any other section of  this  chapter  the  revenues
   26  derived from the additional tax authorized by section twelve hundred ten
   27  of  this  article. Provided further, that any such town or towns may, by
   28  resolution of the town board, apportion all or a part of monies received
   29  in such special assistance program to an improvement district or special
   30  district account within such town or towns in order  to  accomplish  the
   31  purposes of this special assistance program.
   32    2. Villages. Notwithstanding any other provision of law to the contra-
   33  ry,  for  the calendar year beginning on January first, nineteen hundred
   34  ninety-eight and continuing through the calendar year beginning on Janu-
   35  ary first, two thousand [fifteen] SEVENTEEN, the county  of  Nassau,  by
   36  local law, is hereby empowered to enact and establish a local government
   37  assistance  program  for  the villages within such county to assist such
   38  villages to minimize real property taxes; defray the cost and expense of
   39  the treatment, collection, management, disposal, and  transportation  of
   40  municipal  solid  waste; and defray the cost of maintaining conservation
   41  and environmental control programs. The funding of such local assistance
   42  program for the villages within such county may be  provided  by  Nassau
   43  county  during  any calendar year in which such village local assistance
   44  program is in effect and shall not  exceed  one-sixth  of  the  revenues
   45  received from the imposition of the three-quarters percent sales and use
   46  tax  that  are  remaining after the towns and cities have received their
   47  funding pursuant to the provisions of subdivision one of  this  section.
   48  The  funding for such village local assistance program shall be paid and
   49  distributed to the villages on a per capita basis using  the  population
   50  figures  in  the latest decennial federal census. Provided further, that
   51  the  establishment  of  such  village  local  assistance  program  shall
   52  preclude  any  village  within  such  county from preempting or claiming
   53  under any other section of this chapter the revenues  derived  from  the
   54  additional tax authorized by section twelve hundred ten of this article.
   55    S 3. This act shall take effect immediately.
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