Bill Text: NY S05317 | 2021-2022 | General Assembly | Introduced
Bill Title: Imposes a special tax of three-tenths of one percent or one dollar, whichever is greater, on the receipts from the sale of art, antique furniture or antique jewelry at auction; establishes the art education fund to provide assistance for art education and art supplies at the kindergarten through twelfth grade levels at Title I public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO BUDGET AND REVENUE [S05317 Detail]
Download: New_York-2021-S05317-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5317 2021-2022 Regular Sessions IN SENATE March 2, 2021 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law, in relation to imposing a special tax on artwork, antique furniture, and antique jewelry sold at auction; and to amend the state finance law, in relation to establishing the art education fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new article 28-D to read 2 as follows: 3 ARTICLE 28-D 4 SPECIAL TAX ON ARTWORK, ANTIQUE FURNITURE, AND ANTIQUE JEWELRY 5 SOLD AT AUCTION 6 Section 1190. Definitions. 7 1191. Imposition of special tax. 8 1192. Administrative provisions. 9 1193. Deposit and disposition of revenue. 10 1194. Rules and regulations. 11 § 1190. Definitions. As used in this article, the following terms 12 shall have the following meanings: 13 (a) "Art" A work of art, artwork, art piece, piece of art or art 14 object is an aesthetic physical item or artistic creation. 15 (b) "Antique furniture" shall be furniture created over one hundred 16 twenty-five years ago. 17 (c) "Antique jewelry" shall be jewelry created over one hundred twen- 18 ty-five years ago. 19 (d) "Auction" includes any auction taking place in the state or being 20 managed by an entity that has a New York tax resale certificate or has a 21 auctioneer's license in any locality that requires it within the state. 22 § 1191. Imposition of special tax. In addition to any other tax 23 imposed by this chapter or other law, there is hereby imposed a tax of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05626-02-1S. 5317 2 1 three-tenths of one percent or one dollar, whichever is greater, on the 2 receipts from the sale of art, antique furniture or antique jewelry at 3 auction. The tax is imposed on the purchaser and shall be collected by 4 the entity conducting the auction at the time of sale, provided however, 5 that where the tax imposed pursuant to this section is not collected by 6 the entity conducting the auction the purchaser shall remit such tax 7 directly to the commissioner. 8 § 1192. Administrative provisions. Every person required to collect or 9 pay the tax imposed under section eleven hundred ninety-one of this 10 article shall file a return and pay such tax required to be collected to 11 the commissioner of taxation and finance on or before the twentieth day 12 after the close of the quarterly period in which the sale took place, 13 not delivery of object. 14 § 1193. Deposit and disposition of revenue. The taxes collected or 15 received by the commissioner under this article shall be deposited in 16 the art education fund established pursuant to section ninety-seven-uuuu 17 of the state finance law and disposed of pursuant to the provisions of 18 such section. 19 § 1194. Rules and regulations. The commissioner shall promulgate all 20 rules and regulations necessary to carry out the provisions of this 21 article. 22 § 2. The state finance law is amended by adding a new section 97-uuuu 23 to read as follows: 24 § 97-uuuu. Art education fund. 1. There is hereby created in the joint 25 custody of the state comptroller and the commissioner of taxation and 26 finance a fund to be known as the "art education fund". 27 2. Such fund shall consist of all revenues received by the department 28 of taxation and finance, pursuant to the provisions of section eleven 29 hundred ninety-two of the tax law and all other moneys appropriated, 30 credited, or transferred thereto from any other fund or source pursuant 31 to law. Monies in the fund shall be kept separate and shall not be 32 commingled with any other monies otherwise appropriated or received 33 except as hereby provided. 34 3. Monies of the fund, when allocated, shall be available to the New 35 York state council on the arts for the purpose of providing assistance 36 for art education and art supplies at the kindergarten through twelfth 37 grade levels at public schools receiving federal funds pursuant to title 38 I of the Elementary and Secondary Education Act of nineteen hundred 39 sixty-five, as amended. As used in this section, the term "art educa- 40 tion" shall include the following activities: painting, visual arts, 41 ceramics, field trips to museums or other institutions recognized by the 42 New York state council on the arts, and stipends for artists in resi- 43 dence. Any monies remaining in the fund at the end of each fiscal year 44 which have not been expended for art education or art supplies shall be 45 deposited into the general fund. 46 4. The state council on the arts shall establish guidelines necessary 47 to administer the fund. Guidelines shall include, but not be limited to, 48 qualifications and conditions for assistance and any other terms and 49 conditions the council may require as necessary to properly effectuate 50 the provisions of this section. 51 5. The state council on the arts shall provide by September first of 52 each year, to the governor, the temporary president of the senate, the 53 speaker of the assembly, the chairman of the senate finance committee 54 and the chairman of the assembly ways and means committee, a report 55 containing guidelines and amendments established by the state council on 56 the arts and a complete financial statement including, but not limitedS. 5317 3 1 to, monies allocated, collected, transferred or otherwise paid or cred- 2 ited to the fund. A projected schedule of disbursements and receipts of 3 the fund for the next fiscal year shall be included in each report. In 4 addition, any amendments to the guidelines shall be provided to the 5 above listed individuals within thirty days of their establishment by 6 the state council on the arts. 7 6. No monies shall be payable from this fund, except on the audit and 8 warrant of the comptroller on vouchers certified and submitted by the 9 chairman of the state council on the arts. 10 § 3. This act shall take effect on the first of January next succeed- 11 ing the date on which it shall have become a law. Effective immediately, 12 the addition, amendment and/or repeal of any rule or regulation neces- 13 sary for the implementation of this act on its effective date are 14 authorized to be made and completed on or before such effective date.
