Bill Text: NY A06692 | 2023-2024 | General Assembly | Amended
Bill Title: Extends the authorization for Chautauqua county to impose an additional one percent rate of sales and compensating use taxes until November 30, 2025.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-06-21 - substituted by s6206 [A06692 Detail]
Download: New_York-2023-A06692-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6692--A 2023-2024 Regular Sessions IN ASSEMBLY May 2, 2023 ___________ Introduced by M. of A. GOODELL -- read once and referred to the Commit- tee 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 extending the authorization for Chautauqua county to impose an additional one percent rate of 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. Clause 38 of subparagraph (i) of the opening paragraph of 2 section 1210 of the tax law, as amended by section 1 of item F of 3 subpart C of part XXX of chapter 58 of the laws of 2020, is amended to 4 read as follows: 5 (38) the county of Chautauqua is hereby further authorized and 6 empowered to adopt and amend local laws, ordinances or resolutions 7 imposing such taxes at a rate that is: (i) one and one-quarter percent 8 additional to the three percent rate authorized above in this paragraph 9 for such county for the period beginning March first, two thousand five 10 and ending August thirty-first, two thousand six; (ii) one percent addi- 11 tional to the three percent rate authorized above in this paragraph for 12 such county for the period beginning September first, two thousand six 13 and ending November thirtieth, two thousand seven; (iii) three-quarters 14 of one percent additional to the three percent rate authorized above in 15 this paragraph for such county for the period beginning December first, 16 two thousand seven and ending November thirtieth, two thousand ten; (iv) 17 one-half of one percent additional to the three percent rate authorized 18 above in this paragraph for such county for the period beginning Decem- 19 ber first, two thousand ten and ending November thirtieth, two thousand 20 fifteen; and (v) one percent additional to the three percent rate 21 authorized above in this clause for such county for the period beginning 22 December first, two thousand fifteen and ending November thirtieth, two 23 thousand [twenty-three] twenty-five; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10663-03-3A. 6692--A 2 1 § 2. Section 1262-o of the tax law, as amended by section 2 of item F 2 of subpart C of part XXX of chapter 58 of the laws of 2020, is amended 3 to read as follows: 4 § 1262-o. Disposition of net collections from the additional rate of 5 sales and compensating use taxes in the county of Chautauqua. Notwith- 6 standing any contrary provision of law, if the county of Chautauqua 7 imposes the additional one and one-quarter percent rate of sales and 8 compensating use taxes authorized by section twelve hundred ten of this 9 article for all or any portion of the period beginning March first, two 10 thousand five and ending August thirty-first, two thousand six, the 11 additional one percent rate authorized by such section for all or any of 12 the period beginning September first, two thousand six and ending Novem- 13 ber thirtieth, two thousand seven, the additional three-quarters of one 14 percent rate authorized by such section for all or any of the period 15 beginning December first, two thousand seven and ending November thirti- 16 eth, two thousand ten, the county shall allocate one-fifth of the net 17 collections from the additional three-quarters of one percent to the 18 cities, towns and villages in the county on the basis of their respec- 19 tive populations, determined in accordance with the latest decennial 20 federal census or special population census taken pursuant to section 21 twenty of the general municipal law completed and published prior to the 22 end of the quarter for which the allocation is made, and allocate the 23 remainder of the net collections from the additional three-quarters of 24 one percent as follows: (1) to pay the county's expenses for Medicaid 25 and other expenses required by law; (2) to pay for local road and bridge 26 projects; (3) for the purposes of capital projects and repaying any 27 debts incurred for such capital projects in the county of Chautauqua 28 that are not otherwise paid for by revenue received from the mortgage 29 recording tax; and (4) for deposit into a reserve fund for bonded 30 indebtedness established pursuant to the general municipal law. Notwith- 31 standing any contrary provision of law, if the county of Chautauqua 32 imposes the additional one-half percent rate of sales and compensating 33 use taxes authorized by such section twelve hundred ten for all or any 34 of the period beginning December first, two thousand ten and ending 35 November thirtieth, two thousand fifteen, the county shall allocate 36 three-tenths of the net collections from the additional one-half of one 37 percent to the cities, towns and villages in the county on the basis of 38 their respective populations, determined in accordance with the latest 39 decennial federal census or special population census taken pursuant to 40 section twenty of the general municipal law completed and published 41 prior to the end of the quarter for which the allocation is made, and 42 allocate the remainder of the net collections from the additional one- 43 half of one percent as follows: (1) to pay the county's expenses for 44 Medicaid and other expenses required by law; (2) to pay for local road 45 and bridge projects; (3) for the purposes of capital projects and repay- 46 ing any debts incurred for such capital projects in the county of Chau- 47 tauqua that are not otherwise paid for by revenue received from the 48 mortgage recording tax; and (4) for deposit into a reserve fund for 49 bonded indebtedness established pursuant to the general municipal law. 50 Notwithstanding any contrary provision of law, if the county of Chautau- 51 qua imposes the additional one percent rate of sales and compensating 52 use taxes authorized by such section twelve hundred ten for all or any 53 of the period beginning December first, two thousand fifteen and ending 54 November thirtieth, two thousand [twenty-three] twenty-five, the county 55 shall allocate three-twentieths of the net collections from the addi- 56 tional one percent to the cities, towns and villages in the county onA. 6692--A 3 1 the basis of their respective populations, determined in accordance with 2 the latest decennial federal census or special population census taken 3 pursuant to section twenty of the general municipal law completed and 4 published prior to the end of the quarter for which the allocation is 5 made, and allocate the remainder of the net collections from the addi- 6 tional one percent as follows: (1) to pay the county's expenses for 7 Medicaid and other expenses required by law; (2) to pay for local road 8 and bridge projects; (3) for the purposes of capital projects and repay- 9 ing any debts incurred for such capital projects in the county of Chau- 10 tauqua that are not otherwise paid for by revenue received from the 11 mortgage recording tax; and (4) for deposit into a reserve fund for 12 bonded indebtedness established pursuant to the general municipal law. 13 The net collections from the additional rates imposed pursuant to this 14 section shall be deposited in a special fund to be created by such coun- 15 ty separate and apart from any other funds and accounts of the county to 16 be used for purposes above described. 17 § 3. This act shall take effect immediately.
