Bill Text: NY S08214 | 2009-2010 | 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) 2010-06-18 - PRINT NUMBER 8214A [S08214 Detail]

Download: New_York-2009-S08214-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 8214--A                                           A. 11466--A
                             S E N A T E - A S S E M B L Y
                                     June 16, 2010
                                      ___________
       IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
         ed, and when printed to be committed to  the  Committee  on  Rules  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of 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 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 274 of the laws of
    3  2009, 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  TEN, and ending November thirtieth, two thousand eleven;
   10    S  2.  Subparagraph  (iii) of the opening paragraph of section 1210 of
   11  the tax law, as amended by chapter 74 of the laws of 2010, is amended to
   12  read as follows:
   13    (iii) the maximum rate referred to in section twelve  hundred  twenty-
   14  four  of  this  article  shall  be  calculated  without reference to the
   15  following additional rates authorized in subparagraphs (i) and  (ii)  of
   16  this paragraph: one and one-half percent for the county of Allegany; one
   17  percent  for  the  counties  of  Rensselaer, Erie, Cattaraugus, Wyoming,
   18  Ulster, Albany, Suffolk, ESSEX,  Greene,  Orleans,  Franklin,  Herkimer,
   19  Genesee, Columbia, Schuyler, Chenango, Monroe, Steuben, Chemung, Seneca,
   20  Livingston, Niagara, Yates, Tioga, Montgomery, Delaware, Wayne, Schohar-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17766-03-0
       S. 8214--A                          2                        A. 11466--A
    1  ie, Putnam, Clinton and Onondaga and the cities of Yonkers, Mount Vernon
    2  and  New  Rochelle;  three-quarters  of  one percent for the counties of
    3  Dutchess, [Essex,] Lewis, Orange, and Jefferson; one percent and  three-
    4  quarters  of  one  percent  or one-half of one percent for the county of
    5  Oneida; three-quarters of one percent and one-half of  one  percent  for
    6  the  county  of  Nassau;  one-half of one percent and one-quarter of one
    7  percent and one-quarter of one percent for the  city  of  White  Plains;
    8  one-half or one percent for the county of Tompkins; three-eighths of one
    9  percent  and  five-eighths  of  one  percent for the county of Rockland;
   10  one-half of one percent for the  counties  of  Putnam  and  Schenectady;
   11  one-eighth of one percent and three-eighths of one percent for the coun-
   12  ty  of  Ontario;  one-half of one percent[;] AND one-half of one percent
   13  for the county of Sullivan; and three-quarters of one  percent  or  one-
   14  half of one percent for the county of Chautauqua;
   15    S  3.  Subdivision  (cc)  of  section 1224 of the tax law, as added by
   16  chapter 139 of the laws of 2004, is amended to read as follows:
   17    (cc) The county of Essex shall have the sole right to impose the addi-
   18  tional [three-quarters of] one percent rate of tax which such county  is
   19  authorized to impose pursuant to the authority of section twelve hundred
   20  ten of this article. Such additional rate of tax shall be in addition to
   21  any  other  tax which such county may impose or may be imposing pursuant
   22  to this article or any other law and such additional rate of  tax  shall
   23  not be subject to preemption. The maximum three percent rate referred to
   24  in  this section shall be calculated without reference to the additional
   25  [three-quarters of] one percent rate of tax which the county of Essex is
   26  authorized and empowered to adopt pursuant to section twelve hundred ten
   27  of this article.
   28    S 4. This act shall take effect December 1, 2010; provided that on and
   29  after the date this act shall have become a law, Essex county  shall  be
   30  authorized  to adopt and amend local laws, ordinances, or resolutions to
   31  impose the additional rate of tax authorized by this act to take  effect
   32  as provided for in this act.
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