Bill Text: NY A10528 | 2017-2018 | General Assembly | Introduced


Bill Title: Allows for the imposition of an additional one percent occupancy tax by the city of Lockport, Niagara county to be dedicated to the operation of the Discover Niagara Shuttle.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-07 - reported referred to rules [A10528 Detail]

Download: New_York-2017-A10528-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          10528
                   IN ASSEMBLY
                                       May 4, 2018
                                       ___________
        Introduced by M. of A. NORRIS -- read once and referred to the Committee
          on Ways and Means
        AN  ACT  to amend the tax law, in relation to imposing an additional one
          percent occupancy tax in the city of Lockport, Niagara  County  to  be
          dedicated to the operation of the Discover Niagara Shuttle
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1 and 9 of section 1202-o of the tax  law,  as
     2  amended  by  chapter  243  of  the  laws of 2002, are amended to read as
     3  follows:
     4    (1) Notwithstanding any other provisions of law to the  contrary,  the
     5  city  of  Lockport, Niagara county is hereby authorized and empowered to
     6  adopt and amend local laws imposing in such county a tax, in addition to
     7  any other tax authorized and imposed pursuant to this  article  such  as
     8  the legislature has or would have the power and authority to impose upon
     9  persons  occupying hotel or motel rooms in such county. For the purposes
    10  of this section, the term "hotel" or "motel" shall mean and include  any
    11  facility providing lodging on an overnight basis and shall include those
    12  facilities  designated  and commonly known as "bed and breakfast", inns,
    13  and tourist homes. The rates of such tax shall not  exceed  [four]  five
    14  percent (5%) of the per diem rental rate for each room, provided, howev-
    15  er,  that  such tax shall not be applicable to a permanent resident of a
    16  hotel or motel.  For the purposes of this section  the  term  "permanent
    17  resident"  shall mean a person occupying any room or rooms in a hotel or
    18  motel for at least fourteen consecutive days.
    19    (9) All revenues resulting from the imposition of the  tax  under  the
    20  local  laws  shall be paid into the treasury of the city of Lockport and
    21  shall be credited to and deposited in the  general  fund  of  the  city,
    22  thereafter  to  be  allocated at the discretion of the common council of
    23  the city of Lockport for the purposes of tourism and  economic  develop-
    24  ment;  provided,  however,  that  such local laws shall provide that the
    25  city shall be authorized to retain the necessary revenue to defer neces-
    26  sary expenses of the city in administering such tax. The revenue derived
    27  from the tax, after deducting the amount provided for administering such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15501-01-8

        A. 10528                            2
     1  tax, as so authorized by local law, shall be allocated  to  enhance  the
     2  general  economy  of the city of Lockport as follows: (a) from the first
     3  four percent (4%), twenty-five percent of such  revenue  from  this  tax
     4  shall be used for the promotion of community and economic development in
     5  the  city  of  Lockport;  and  the remaining seventy-five percent of the
     6  first four percent (4%) of said revenue shall be allocated and paid to a
     7  not-for-profit corporation  under  contract  with  the  county  for  the
     8  promotion  of tourism in the county; (b) the additional one percent (1%)
     9  of such revenue from this tax shall be dedicated to the operation of the
    10  discover Niagara shuttle.
    11    § 2. This act shall take effect on the first day  of  the  month  next
    12  succeeding the date on which it shall have become a law.
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