Bill Text: NY A07432 | 2015-2016 | General Assembly | Introduced
Bill Title: Extends the authority of the county of Nassau to impose additional sales and compensating use taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to ways and means [A07432 Detail]
Download: New_York-2015-A07432-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7432 2015-2016 Regular Sessions I N A S S E M B L Y May 12, 2015 ___________ Introduced by M. of A. HOOPER -- read once and referred to the Committee on Ways and Means 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 23 year beginning on January first, two thousand [fifteen] SEVENTEEN, the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10914-02-5 A. 7432 2 1 county of Nassau shall enact and establish a local government assistance 2 program for the towns and cities within such county to assist such towns 3 and cities to minimize real property taxes; defray the cost and expense 4 of the treatment, collection, management, disposal, and transportation 5 of municipal solid waste, and to comply with the provisions of chapter 6 two hundred ninety-nine of the laws of nineteen hundred eighty-three; 7 and defray the cost of maintaining conservation and environmental 8 control programs. Such special assistance program for the towns and 9 cities within such county and the funding for such program shall equal 10 one-third of the revenues received by such county from the imposition of 11 the three-quarters percent sales and use tax during calendar years two 12 thousand one, two thousand two, two thousand three, two thousand four, 13 two thousand five, two thousand six, two thousand seven, two thousand 14 eight, two thousand nine, two thousand ten, two thousand eleven, two 15 thousand twelve, two thousand thirteen, two thousand fourteen [and], two 16 thousand fifteen, TWO THOUSAND SIXTEEN, AND TWO THOUSAND SEVENTEEN addi- 17 tional to the regular three percent rate authorized for such county in 18 section twelve hundred ten of this article. The monies for such special 19 local assistance shall be paid and distributed to the towns and cities 20 on a per capita basis using the population figures in the latest decen- 21 nial federal census. Provided further, that notwithstanding any other 22 law to the contrary, the establishment of such special assistance 23 program shall preclude any city or town within such county from preempt- 24 ing or claiming under any other section of this chapter the revenues 25 derived from the additional tax authorized by section twelve hundred ten 26 of this article. Provided further, that any such town or towns may, by 27 resolution of the town board, apportion all or a part of monies received 28 in such special assistance program to an improvement district or special 29 district account within such town or towns in order to accomplish the 30 purposes of this special assistance program. 31 2. Villages. Notwithstanding any other provision of law to the contra- 32 ry, for the calendar year beginning on January first, nineteen hundred 33 ninety-eight and continuing through the calendar year beginning on Janu- 34 ary first, two thousand [fifteen] SEVENTEEN, the county of Nassau, by 35 local law, is hereby empowered to enact and establish a local government 36 assistance program for the villages within such county to assist such 37 villages to minimize real property taxes; defray the cost and expense of 38 the treatment, collection, management, disposal, and transportation of 39 municipal solid waste; and defray the cost of maintaining conservation 40 and environmental control programs. The funding of such local assistance 41 program for the villages within such county may be provided by Nassau 42 county during any calendar year in which such village local assistance 43 program is in effect and shall not exceed one-sixth of the revenues 44 received from the imposition of the three-quarters percent sales and use 45 tax that are remaining after the towns and cities have received their 46 funding pursuant to the provisions of subdivision one of this section. 47 The funding for such village local assistance program shall be paid and 48 distributed to the villages on a per capita basis using the population 49 figures in the latest decennial federal census. Provided further, that 50 the establishment of such village local assistance program shall 51 preclude any village within such county from preempting or claiming 52 under any other section of this chapter the revenues derived from the 53 additional tax authorized by section twelve hundred ten of this article. 54 NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY FOR SUCH LOCAL ASSISTANCE 55 PROGRAM IN EFFECT, IN ADDITION TO THE REVENUE RECEIVED ON A PER CAPITA 56 BASIS FROM THE ONE-SIXTH SHARE OF THE THREE-QUARTERS PERCENT SALES TAX, A. 7432 3 1 UP TO TWO MILLION FIVE HUNDRED THOUSAND DOLLARS OF THE NET COLLECTION OF 2 SALES TAX REVENUES DISTRIBUTED TO THE COUNTY OF NASSAU BY THE STATE TAX 3 COMMISSION PURSUANT TO THIS SECTION SHALL BE ANNUALLY DISTRIBUTED TO THE 4 VILLAGE OF HEMPSTEAD IN THE COUNTY OF NASSAU, AND UP TO TWO MILLION 5 DOLLARS OF SUCH NET COLLECTION OF SALES TAX REVENUES SHALL BE ANNUALLY 6 DISTRIBUTED TO THE VILLAGE OF FREEPORT IN THE COUNTY OF NASSAU. 7 S 3. This act shall take effect immediately.