Bill Text: NY S05915 | 2017-2018 | General Assembly | Introduced
Bill Title: Extends from November 30, 2017 to November 30, 2019, the expiration of the authority of the county of Chautauqua to impose an additional 1% of sales and compensating use taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-01-16 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05915 Detail]
Download: New_York-2017-S05915-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5915 2017-2018 Regular Sessions IN SENATE May 5, 2017 ___________ Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the tax law, in relation to extending the expiration of and amending the provisions authorizing the county of Chautauqua to impose additional sales and compensating use taxes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Item (v) of clause 38 of subparagraph (i) of the opening 2 paragraph of section 1210 of the tax law, as amended by chapter 332 of 3 the laws of 2015, is amended to read as follows: 4 (v) one percent additional to the three percent rate authorized above 5 in this clause for such county for the period beginning December first, 6 two thousand fifteen and ending November thirtieth, two thousand [seven-7teen] nineteen; 8 § 2. Section 1262-o of the tax law, as amended by section 7 of chapter 9 332 of the laws of 2015, is amended to read as follows: 10 § 1262-o. Disposition of net collections from the additional rate of 11 sales and compensating use taxes in the county of Chautauqua. Notwith- 12 standing any contrary provision of law, if the county of Chautauqua 13 imposes the additional one and one-quarter percent rate of sales and 14 compensating use taxes authorized by section twelve hundred ten of this 15 article for all or any portion of the period beginning March first, two 16 thousand five and ending August thirty-first, two thousand six, the 17 additional one percent rate authorized by such section for all or any of 18 the period beginning September first, two thousand six and ending Novem- 19 ber thirtieth, two thousand seven, the additional three-quarters of one 20 percent rate authorized by such section for all or any of the period 21 beginning December first, two thousand seven and ending November thirti- 22 eth, two thousand ten, the county shall allocate one-fifth of the net 23 collections from the additional three-quarters of one percent to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11448-01-7S. 5915 2 1 cities, towns and villages in the county on the basis of their respec- 2 tive populations, determined in accordance with the latest decennial 3 federal census or special population census taken pursuant to section 4 twenty of the general municipal law completed and published prior to the 5 end of the quarter for which the allocation is made, and allocate the 6 remainder of the net collections from the additional three-quarters of 7 one percent as follows: (1) to pay the county's expenses for Medicaid 8 and other expenses required by law; (2) to pay for local road and bridge 9 projects; (3) for the purposes of capital projects and repaying any 10 debts incurred for such capital projects in the county of Chautauqua 11 that are not otherwise paid for by revenue received from the mortgage 12 recording tax; and (4) for deposit into a reserve fund for bonded 13 indebtedness established pursuant to the general municipal law. Notwith- 14 standing any contrary provision of law, if the county of Chautauqua 15 imposes the additional one-half percent rate of sales and compensating 16 use taxes authorized by such section twelve hundred ten for all or any 17 of the period beginning December first, two thousand ten and ending 18 November thirtieth, two thousand fifteen, the county shall allocate 19 three-tenths of the net collections from the additional one-half of one 20 percent to the cities, towns and villages in the county on the basis of 21 their respective populations, determined in accordance with the latest 22 decennial federal census or special population census taken pursuant to 23 section twenty of the general municipal law completed and published 24 prior to the end of the quarter for which the allocation is made, and 25 allocate the remainder of the net collections from the additional one- 26 half of one percent as follows: (1) to pay the county's expenses for 27 Medicaid and other expenses required by law; (2) to pay for local road 28 and bridge projects; (3) for the purposes of capital projects and repay- 29 ing any debts incurred for such capital projects in the county of Chau- 30 tauqua that are not otherwise paid for by revenue received from the 31 mortgage recording tax; and (4) for deposit into a reserve fund for 32 bonded indebtedness established pursuant to the general municipal law. 33 Notwithstanding any contrary provision of law, if the county of Chautau- 34 qua imposes the additional one percent rate of sales and compensating 35 use taxes authorized by such section twelve hundred ten for all or any 36 of the period beginning December first, two thousand fifteen and ending 37 November thirtieth, two thousand [seventeen] nineteen, the county shall 38 allocate three-twentieths of the net collections from the additional one 39 percent to the cities, towns and villages in the county on the basis of 40 their respective populations, determined in accordance with the latest 41 decennial federal census or special population census taken pursuant to 42 section twenty of the general municipal law completed and published 43 prior to the end of the quarter for which the allocation is made, and 44 allocate the remainder of the net collections from the additional one 45 percent as follows: (1) to pay the county's expenses for Medicaid and 46 other expenses required by law; (2) to pay for local road and bridge 47 projects; (3) for the purposes of capital projects and repaying any 48 debts incurred for such capital projects in the county of Chautauqua 49 that are not otherwise paid for by revenue received from the mortgage 50 recording tax; and (4) for deposit into a reserve fund for bonded 51 indebtedness established pursuant to the general municipal law. The net 52 collections from the additional rates imposed pursuant to this section 53 shall be deposited in a special fund to be created by such county sepa- 54 rate and apart from any other funds and accounts of the county to be 55 used for purposes above described. 56 § 3. This act shall take effect immediately.
