Bill Text: NY S03162 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes counties with authority to impose additional sales and compensating use taxes to continue such taxes every two years, without approval of the state legislature.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03162 Detail]

Download: New_York-2019-S03162-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3162
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 4, 2019
                                       ___________
        Introduced  by  Sen. AMEDORE -- 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, to amend chapter 200 of the  laws  of  2002
          amending  the  tax  law  relating  to certain tax rates imposed by the
          county of Ulster, to amend chapter 160 of the laws  of  2015  amending
          the  tax  law relating to extending the authorization of the county of
          Onondaga to impose an additional rate of sales  and  compensating  use
          taxes,  chapter  192 of the laws of 2015 amending the tax law relating
          to extending the authority of the county of Orange to impose an  addi-
          tional  rate  of  sales and compensating use taxes, chapter 206 of the
          laws of 2015 amending the tax law relating to the imposition of  sales
          and compensating use taxes by the county of Monroe, chapter 302 of the
          laws  of 2015 amending the tax law relating to the imposition of sales
          and compensating use taxes by the county of Albany, chapter 212 of the
          laws of 2013 amending the tax law relating to sales  and  compensating
          use tax in Columbia county, and chapter 171 of the laws of 2015 amend-
          ing  the  tax law relating to extending the expiration of the authori-
          zation to the county of Genesee to impose an additional one percent of
          sales and compensating use taxes, in relation to  authorizing  certain
          counties  to  impose, on a biennial basis, an additional rate of sales
          and compensating use taxes; and to repeal certain  provisions  of  the
          tax law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (i) of the opening paragraph of  section  1210
     2  of  the  tax law is REPEALED and a new subparagraph (i) is added to read
     3  as follows:
     4    (i) with respect to a city of one million or more  and  the  following
     5  counties (1) any such city having a population of one million or more is
     6  hereby  authorized  and  empowered  to adopt and amend local laws, ordi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07177-01-9

        S. 3162                             2
     1  nances or resolutions imposing such taxes in any such city, at the  rate
     2  of four and one-half percent;
     3    (2) the county of Nassau is hereby further authorized and empowered to
     4  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
     5  taxes at a rate which is three-quarters percent additional to the  three
     6  percent rate authorized above in this paragraph for such county for such
     7  periods  of  two  years as it shall elect beginning on and after January
     8  first, nineteen hundred eighty-six, subject to the limitation set  forth
     9  in  section  twelve  hundred  sixty-two-e of this article, and also at a
    10  rate which is one-half percent additional  to  the  three  percent  rate
    11  authorized  above in this paragraph, and which is also additional to the
    12  three-quarters percent rate also authorized above  in  this  clause  for
    13  such  county,  for such periods of two years as it shall elect beginning
    14  on and after September first, nineteen hundred ninety-one;
    15    (3)  the  county  of  Rensselaer  is  hereby  further  authorized  and
    16  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    17  imposing such taxes at a rate which is one  percent  additional  to  the
    18  three  percent  rate  authorized above in this paragraph for such county
    19  for such periods of two years as it shall elect beginning on  and  after
    20  September first, nineteen hundred ninety-four;
    21    (4)  the  county of Erie is hereby further authorized and empowered to
    22  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
    23  taxes (i) at a rate which is one percent additional to the three percent
    24  rate authorized above in this paragraph for such county for such periods
    25  of  two  years  as  it shall elect beginning on and after January tenth,
    26  nineteen hundred eighty-eight; and (ii) at a rate which  is  three-quar-
    27  ters  of  one  percent  additional  to the three percent rate authorized
    28  above in this paragraph, and which is also additional to the one percent
    29  rate also authorized above in this clause  for  such  county,  for  such
    30  periods  of  two years as it shall elect beginning on and after December
    31  first, two thousand eleven;
    32    (5) the  county  of  Cattaraugus  is  hereby  further  authorized  and
    33  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    34  imposing such taxes at a rate which is one  percent  additional  to  the
    35  three  percent  rate  authorized above in this paragraph for such county
    36  for such periods of two years as it shall elect beginning on  and  after
    37  March first, nineteen hundred eighty-six;
    38    (6)  the  county of Wyoming is hereby further authorized and empowered
    39  to adopt and amend local laws, ordinances or resolutions  imposing  such
    40  taxes  at  a  rate  which is one percent additional to the three percent
    41  rate authorized above in this paragraph for such county for such periods
    42  of two years as it shall elect beginning on and after  September  first,
    43  nineteen hundred ninety-two;
    44    (7) the county of Ulster is hereby further authorized and empowered to
    45  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
    46  taxes at a rate which is one percent additional  to  the  three  percent
    47  rate  authorized  above  in  this  paragraph for such county (i) for the
    48  period beginning September first, two thousand two and  ending  November
    49  thirtieth,  two thousand thirteen and (ii) for such periods of two years
    50  as it shall elect beginning on and after February  first,  two  thousand
    51  fourteen;
    52    (8)  the county of Allegany is hereby further authorized and empowered
    53  to adopt and amend local laws, ordinances or resolutions  imposing  such
    54  taxes  at  a  rate  which  is:  (i)  one percent additional to the three
    55  percent rate authorized above in this paragraph for such county for  the
    56  period  beginning December first, nineteen hundred eighty-six and ending

        S. 3162                             3
     1  November thirtieth, two thousand four; and (ii) one and one-half percent
     2  additional to the three percent rate authorized above in this  paragraph
     3  for  such  county for such periods of two years as it shall elect begin-
     4  ning on and after December first, two thousand four;
     5    (9) the county of Cayuga is hereby further authorized and empowered to
     6  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
     7  taxes at a rate which is one percent additional  to  the  three  percent
     8  rate authorized above in this paragraph for such county for such periods
     9  of  two  years as it shall elect beginning on and after September first,
    10  nineteen hundred ninety-two;
    11    (10) the county of Albany is hereby further authorized  and  empowered
    12  to  adopt  and amend local laws, ordinances or resolutions imposing such
    13  taxes at a rate which is one percent additional  to  the  three  percent
    14  rate authorized above in this paragraph for such county for such periods
    15  of  two  years as it shall elect beginning on and after September first,
    16  nineteen hundred ninety-two;
    17    (11) the county of Tompkins is hereby further authorized and empowered
    18  to adopt and amend local laws, ordinances or resolutions  imposing  such
    19  taxes at a rate which is one-half or one percent additional to the three
    20  percent rate authorized above in this paragraph for such county for such
    21  periods  of  two years as it shall elect beginning on and after December
    22  first, nineteen hundred ninety-two;
    23    (12) the county of Cortland is hereby further authorized and empowered
    24  to adopt and amend local laws, ordinances, or resolutions imposing  such
    25  taxes  at  a  rate  which is one percent additional to the three percent
    26  rate authorized above in this paragraph for such county for such periods
    27  of two years as it shall elect beginning on and after  September  first,
    28  nineteen hundred ninety-two;
    29    (13)  the  county of Oneida is hereby further authorized and empowered
    30  to adopt and amend local laws, ordinances or resolutions  imposing  such
    31  taxes  at  a  rate  which  is:  (i)  one percent additional to the three
    32  percent rate authorized above in this paragraph for such county for such
    33  periods of two years as it shall elect beginning on or  after  September
    34  first,  nineteen  hundred  ninety-two;  and also (ii) at a rate which is
    35  three-quarters of one percent or one-half of one percent  additional  to
    36  the  three percent rate authorized above in this paragraph, and which is
    37  also additional to the one percent rate also authorized  above  in  this
    38  clause  for such county, for such periods of two years as it shall elect
    39  beginning on and after December first, two thousand eight;
    40    (14) the county of Suffolk is hereby further authorized and  empowered
    41  to  adopt  and amend local laws, ordinances or resolutions imposing such
    42  taxes at a rate which is one percent additional  to  the  three  percent
    43  rate authorized above in this paragraph for such county for such periods
    44  of  two  years  as it shall elect beginning on and after June first, two
    45  thousand one;
    46    (15) the county of Greene is hereby further authorized  and  empowered
    47  to  adopt  and amend local laws, ordinances or resolutions imposing such
    48  taxes at a rate which is one percent additional  to  the  three  percent
    49  rate authorized above in this paragraph for such county for such periods
    50  of two years as it shall elect beginning on and after March first, nine-
    51  teen hundred ninety-three;
    52    (16)  the county of Orleans is hereby further authorized and empowered
    53  to adopt and amend local laws, ordinances or resolutions  imposing  such
    54  taxes  at  a  rate  which is one percent additional to the three percent
    55  rate authorized above in this paragraph for such county for such periods

        S. 3162                             4
     1  of two years as it shall elect beginning on and after June first,  nine-
     2  teen hundred ninety-three;
     3    (17) the county of Tioga is hereby further authorized and empowered to
     4  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
     5  taxes at a rate which is: (i) one-half of one percent additional to  the
     6  three  percent  rate  authorized above in this paragraph for such county
     7  for the period beginning September first, nineteen hundred ninety-three,
     8  and ending November thirtieth, two thousand three; and (ii) one  percent
     9  additional  to the three percent rate authorized above in this paragraph
    10  for such county for such periods of two years as it shall  elect  begin-
    11  ning on and after December first, two thousand five;
    12    (18)  the  county of Broome is hereby further authorized and empowered
    13  to adopt and amend local laws, ordinances or resolutions  imposing  such
    14  taxes  at  a  rate  which is one percent additional to the three percent
    15  rate authorized above in this paragraph for such county for such periods
    16  of two years as it shall elect beginning on and after March first, nine-
    17  teen hundred ninety-four;
    18    (19) the county of Herkimer is hereby further authorized and empowered
    19  to adopt and amend local laws, ordinances or resolutions  imposing  such
    20  taxes  at  a  rate  which is one percent additional to the three percent
    21  rate authorized above in this paragraph for such county for such periods
    22  of two years as it shall elect beginning on and after  September  first,
    23  nineteen hundred ninety-four;
    24    (20)  the county of Genesee is hereby further authorized and empowered
    25  to adopt and amend local laws, ordinances or resolutions  imposing  such
    26  taxes  at  a  rate  which is one percent additional to the three percent
    27  rate authorized above in this paragraph for such county for such periods
    28  of two years as it shall elect beginning on or  after  September  first,
    29  nineteen hundred ninety-four;
    30    (21) the county of Columbia is hereby further authorized and empowered
    31  to  adopt  and amend local laws, ordinances or resolutions imposing such
    32  taxes at a rate which is one percent additional  to  the  three  percent
    33  rate authorized above in this paragraph for such county for such periods
    34  of two years as it shall elect beginning on and after March first, nine-
    35  teen hundred ninety-five;
    36    (22) the county of Schuyler is hereby further authorized and empowered
    37  to  adopt  and amend local laws, ordinances or resolutions imposing such
    38  taxes at a rate which is one percent additional  to  the  three  percent
    39  rate authorized above in this paragraph for such county for such periods
    40  of  two  years as it shall elect beginning on and after September first,
    41  nineteen hundred ninety-nine;
    42    (23) the county of Rockland is hereby further authorized and empowered
    43  to adopt and amend local laws, ordinances or resolutions  imposing  such
    44  taxes  at a rate which is: (i) five-eighths of one percent additional to
    45  the three percent rate authorized above in this paragraph for such coun-
    46  ty for such periods of two years as it shall elect beginning on or after
    47  March first, two thousand two; and also (ii) at a rate which  is  three-
    48  eighths  of  one percent additional to the three percent rate authorized
    49  above in this paragraph, and which  is  also  additional  to  the  five-
    50  eighths  of  one  percent  rate also authorized above in this clause for
    51  such county, for such periods of two years as it shall  elect  beginning
    52  on and after March first, two thousand seven;
    53    (24) the county of Chenango is hereby further authorized and empowered
    54  to  adopt  and amend local laws, ordinances or resolutions imposing such
    55  taxes at a rate which is one percent additional  to  the  three  percent
    56  rate authorized above in this paragraph for such county for such periods

        S. 3162                             5
     1  of  two  years as it shall elect beginning on and after September first,
     2  two thousand two;
     3    (25)  the  county of Monroe is hereby further authorized and empowered
     4  to adopt and amend local laws, ordinances or resolutions  imposing  such
     5  taxes  at  a  rate  which is one percent additional to the three percent
     6  rate authorized above in this paragraph for such periods of two years as
     7  it shall elect beginning on and after December first,  nineteen  hundred
     8  ninety-three;
     9    (26)  the county of Steuben is hereby further authorized and empowered
    10  to adopt and amend local laws, ordinances or resolutions  imposing  such
    11  taxes  at  a  rate  which is one percent additional to the three percent
    12  rate authorized above in this paragraph for such county for such periods
    13  of two years as it shall elect beginning on and  after  December  first,
    14  nineteen hundred ninety-two;
    15    (27)  the county of Chemung is hereby further authorized and empowered
    16  to adopt and amend local laws, ordinances or resolutions  imposing  such
    17  taxes  at  a  rate  which is one percent additional to the three percent
    18  rate authorized above in this paragraph for such county for such periods
    19  of two years as it shall elect beginning on and  after  December  first,
    20  two thousand two;
    21    (28)  the  county of Seneca is hereby further authorized and empowered
    22  to adopt and amend local laws, ordinances or resolutions  imposing  such
    23  taxes at a rate that is one percent additional to the three percent rate
    24  authorized  above  in this paragraph for such county for such periods of
    25  two years as it shall elect beginning on and after December  first,  two
    26  thousand two;
    27    (29)  the county of Niagara is hereby further authorized and empowered
    28  to adopt and amend local laws, ordinances or resolutions  imposing  such
    29  taxes  at  a  rate  which is one percent additional to the three percent
    30  rate authorized above in this paragraph for such county for such periods
    31  of two years as it shall elect beginning on and after March  first,  two
    32  thousand three;
    33    (30) the county of Dutchess is hereby further authorized and empowered
    34  to  adopt  and amend local laws, ordinances or resolutions imposing such
    35  taxes at a rate which is three-quarters of one percent additional to the
    36  three percent rate authorized above in this paragraph  for  such  county
    37  for  such  periods of two years as it shall elect beginning on and after
    38  March first, two thousand three;
    39    (31) the county of Yates is hereby further authorized and empowered to
    40  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
    41  taxes  at  a  rate  which is one percent additional to the three percent
    42  rate authorized above in this paragraph for such county for such periods
    43  of two years as it shall elect beginning on and after  September  first,
    44  two thousand three;
    45    (32)  the  county  of  Schenectady  is  hereby  further authorized and
    46  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
    47  imposing  such  taxes  at  a rate which is one-half of one percent addi-
    48  tional to the three percent rate authorized above in this paragraph  for
    49  such county for such periods of two years as it shall elect beginning on
    50  and after June first, two thousand three;
    51    (33)  the  county  of  Montgomery  is  hereby  further  authorized and
    52  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
    53  imposing  such  taxes  at  a rate which is one percent additional to the
    54  three percent rate authorized above in this paragraph  for  such  county
    55  for  such  periods of two years as it shall elect beginning on and after
    56  June first, two thousand three;

        S. 3162                             6
     1    (34) the  county  of  Livingston  is  hereby  further  authorized  and
     2  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
     3  imposing such taxes at a rate which is one  percent  additional  to  the
     4  three  percent  rate  authorized above in this paragraph for such county
     5  for  such  periods of two years as it shall elect beginning on and after
     6  June first, two thousand three;
     7    (35) the county of Sullivan is hereby further authorized and empowered
     8  to adopt and amend local laws, ordinances or resolutions  imposing  such
     9  taxes  at  a rate that is: (i) one-half of one percent additional to the
    10  three percent rate authorized above in this paragraph  for  such  county
    11  for  such  periods of two years as it shall elect beginning on and after
    12  June first, two thousand three; and (ii) an additional one-half  of  one
    13  percent  in  addition  to the other rates authorized above in this para-
    14  graph for such county for such periods of two years as  it  shall  elect
    15  beginning on and after June first, two thousand seven;
    16    (36)  the  county of Otsego is hereby further authorized and empowered
    17  to adopt and amend local laws, ordinances or resolutions  imposing  such
    18  taxes  at  a  rate  which is one percent additional to the three percent
    19  rate authorized above in this paragraph for such county for such periods
    20  of two years as it shall elect beginning on and  after  December  first,
    21  two thousand three;
    22    (37) the county of Delaware is hereby further authorized and empowered
    23  to  adopt  and amend local laws, ordinances or resolutions imposing such
    24  taxes at a rate that is one percent additional to the three percent rate
    25  authorized above in this paragraph for such county for the period begin-
    26  ning December first, two thousand three, and ending November  thirtieth,
    27  two thousand thirteen;
    28    (38) the county of Wayne is hereby further authorized and empowered to
    29  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
    30  taxes at a rate that is one percent additional to the three percent rate
    31  authorized above in this paragraph for such county for such  periods  of
    32  two  years  as it shall elect beginning on and after December first, two
    33  thousand five;
    34    (39)  the  county  of  Schoharie  is  hereby  further  authorized  and
    35  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    36  imposing such taxes at a rate which is one  percent  additional  to  the
    37  three  percent  rate  authorized above in this paragraph for such county
    38  for such periods of two years as it shall elect beginning on  and  after
    39  June first, two thousand four;
    40    (40)  the county of Madison is hereby further authorized and empowered
    41  to adopt and amend local laws, ordinances or resolutions  imposing  such
    42  taxes  at  a  rate  which is one percent additional to the three percent
    43  rate authorized above in this paragraph for such county for such periods
    44  of two years as it shall elect beginning on and after  June  first,  two
    45  thousand four;
    46    (41)  the  county of Orange is hereby further authorized and empowered
    47  to adopt and amend local laws, ordinances or resolutions  imposing  such
    48  taxes at a rate which is three-quarters of one percent additional to the
    49  three  percent  rate  authorized above in this paragraph for such county
    50  for such periods of two years as it shall elect beginning on  and  after
    51  June first, two thousand four;
    52    (42)  the county of Clinton is hereby further authorized and empowered
    53  to adopt and amend local laws, ordinances or resolutions  imposing  such
    54  taxes  at  a  rate  which is one percent additional to the three percent
    55  rate authorized above in this paragraph for such county for such periods

        S. 3162                             7
     1  of two years as it shall elect beginning on and  after  December  first,
     2  two thousand seven;
     3    (43) the county of Lewis is hereby further authorized and empowered to
     4  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
     5  taxes at a rate that is one percent additional to the three percent rate
     6  authorized above in this paragraph for such county for such  periods  of
     7  two years as it shall elect beginning on and after June first, two thou-
     8  sand four;
     9    (44)  the  county of Oswego is hereby further authorized and empowered
    10  to adopt and amend local laws, ordinances or resolutions  imposing  such
    11  taxes  at  a  rate  which is one percent additional to the three percent
    12  rate authorized above in this paragraph for such county for such periods
    13  of two years as it shall elect beginning on and after  September  first,
    14  two thousand four;
    15    (45) the county of Essex is hereby further authorized and empowered to
    16  adopt  and  amend  local  laws,  ordinances or resolutions imposing such
    17  taxes at a rate which is one percent additional  to  the  three  percent
    18  rate authorized above in this paragraph for such county for such periods
    19  of  two  years  as it shall elect beginning on and after December first,
    20  two thousand thirteen;
    21    (46)  the  county  of  Jefferson  is  hereby  further  authorized  and
    22  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    23  imposing such taxes at a rate which is  three-quarters  of  one  percent
    24  additional  to the three percent rate authorized above in this paragraph
    25  for such county for such periods of two years as it shall  elect  begin-
    26  ning on and after September first, two thousand four;
    27    (47) the county of Onondaga is hereby further authorized and empowered
    28  to  adopt  and amend local laws, ordinances or resolutions imposing such
    29  taxes at a rate that is one percent additional to the three percent rate
    30  authorized above in this paragraph for such county for such  periods  of
    31  two  years as it shall elect beginning on and after September first, two
    32  thousand four;
    33    (48) the  county  of  Chautauqua  is  hereby  further  authorized  and
    34  empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
    35  imposing such taxes at a rate that is: (i) one and  one-quarter  percent
    36  additional  to the three percent rate authorized above in this paragraph
    37  for such county for the period beginning March first, two thousand  five
    38  and ending August thirty-first, two thousand six; (ii) one percent addi-
    39  tional  to the three percent rate authorized above in this paragraph for
    40  such county for the period beginning September first, two  thousand  six
    41  and  ending November thirtieth, two thousand seven; (iii) three-quarters
    42  of one percent additional to the three percent rate authorized above  in
    43  this  paragraph for such county for the period beginning December first,
    44  two thousand seven and ending November thirtieth, two thousand ten;  and
    45  (iv)  one-half  of  one  percent  additional  to  the three percent rate
    46  authorized above in this paragraph for such county for such  periods  of
    47  two  years  as it shall elect beginning on and after December first, two
    48  thousand ten and ending November thirtieth, two  thousand  fifteen;  (v)
    49  one  percent  additional  to  the three percent rate authorized above in
    50  this clause for such county for such periods of two years  as  it  shall
    51  elect beginning on and after December first, two thousand fifteen;
    52    (49)  the  county of Fulton is hereby further authorized and empowered
    53  to adopt and amend local laws, ordinances or resolutions  imposing  such
    54  taxes  at  a  rate  which is one percent additional to the three percent
    55  rate authorized above in this paragraph for such county for such periods

        S. 3162                             8
     1  of two years as it shall elect beginning on and after  September  first,
     2  two thousand five;
     3    (50)  the  county of Putnam is hereby further authorized and empowered
     4  to adopt and amend local laws, ordinances or resolutions  imposing  such
     5  taxes  at  a rate that is: (i) one-half of one percent additional to the
     6  three percent rate authorized above in this paragraph  for  such  county
     7  for  the  period beginning September first, two thousand five and ending
     8  August thirty-first, two thousand seven; and (ii) one percent additional
     9  to the three percent rate authorized above in this  paragraph  for  such
    10  county  for such periods of two years as it shall elect beginning on and
    11  after September first, two thousand seven;
    12    (51) the county of Franklin is hereby further authorized and empowered
    13  to adopt and amend local laws, ordinances or resolutions  imposing  such
    14  taxes at a rate that is one percent additional to the three percent rate
    15  authorized  above  in this paragraph for such county for such periods of
    16  two years as it shall elect beginning on and after June first, two thou-
    17  sand six;
    18    (52) the county of Ontario is hereby further authorized and  empowered
    19  to  adopt  and amend local laws, ordinances or resolutions imposing such
    20  taxes at a rate that is: (i) one-eighth of one percent additional to the
    21  three percent rate authorized above in this paragraph  for  such  county
    22  for  such  periods of two years as it shall elect beginning on and after
    23  June first, two thousand six; and also (ii) at a  rate  that  is  three-
    24  eighths  of  one percent additional to the three percent rate authorized
    25  above in this paragraph, and that is also additional to  the  one-eighth
    26  of  one percent rate authorized in this clause for such county, for such
    27  periods of two years as it shall elect beginning on and after  September
    28  first, two thousand nine;
    29    (53)  The  county  of  St.  Lawrence  is hereby further authorized and
    30  empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
    31  imposing  such  taxes  at  a  rate that is one percent additional to the
    32  three percent rate authorized above in this paragraph  for  such  county
    33  for  such  periods of two years as it shall elect beginning on and after
    34  December first, two thousand thirteen;
    35    (54) The county of Hamilton is hereby further authorized and empowered
    36  to adopt and amend local laws, ordinances or resolutions  imposing  such
    37  taxes at a rate that is one percent additional to the three percent rate
    38  authorized  above  in this paragraph for such county for such periods of
    39  two years as it shall elect beginning on and after December  first,  two
    40  thousand thirteen;
    41    (55) the county of Delaware is hereby further authorized and empowered
    42  to  adopt  and amend local laws, ordinances or resolutions imposing such
    43  taxes at a rate which is one percent additional  to  the  three  percent
    44  rate authorized above in this paragraph for such county for such periods
    45  of  two  years as it shall elect beginning on and after September first,
    46  two thousand two;
    47    § 2. Section 1210-E of the tax law, as amended by section 2 of subpart
    48  U of part A of chapter 61 of the laws of 2017, is  amended  to  read  as
    49  follows:
    50    §  1210-E. Sales and compensating use taxes within Herkimer county. In
    51  addition to the taxes imposed by section  twelve  hundred  ten  of  this
    52  subpart  or any other provision of law, the county of Herkimer is hereby
    53  authorized and empowered to adopt and amend local  laws,  ordinances  or
    54  resolutions  imposing within the territorial limits of such county addi-
    55  tional sales and compensating use taxes at the rate  of  one-quarter  of
    56  one percent for [the period] periods of two years beginning on and after

        S. 3162                             9
     1  December  first,  two thousand seven [and ending November thirtieth, two
     2  thousand twenty], which taxes shall be identical to the taxes imposed by
     3  such county pursuant to the authority of section twelve hundred  ten  of
     4  this  subpart.  Except  as  hereinafter provided, all provisions of this
     5  article, including the  definition  and  exemption  provisions  and  the
     6  provisions  relating  to the administration, collection and distribution
     7  by the commissioner, shall apply for purposes of the taxes authorized by
     8  this section in the same manner and with the same force and effect as if
     9  the language of this article had  been  incorporated  in  full  in  this
    10  section  and  had  expressly  referred  to  the taxes authorized by this
    11  section; provided, however, that any provision  relating  to  a  maximum
    12  rate  shall  be  calculated  without reference to the rate of additional
    13  sales and compensating use taxes herein authorized. For purposes of part
    14  IV of this article, relating to the disposition  of  revenues  resulting
    15  from  taxes  collected  and  administered by the commissioner, the addi-
    16  tional sales and compensating  use  taxes  authorized  by  this  section
    17  imposed  under  the  authority  of  section  twelve  hundred ten of this
    18  subpart and all provisions relating to the deposit,  administration  and
    19  disposition  of  taxes, penalties and interest relating to taxes imposed
    20  by a county under the authority of section twelve hundred  ten  of  this
    21  subpart  shall,  except  as otherwise provided in this section, apply to
    22  the additional sales and  compensating  use  taxes  authorized  by  this
    23  section.
    24    §  3.  Subsection  (cc)  of section 1224 of the tax law, as amended by
    25  section 2 of subpart I of part A of chapter 61 of the laws of  2017,  is
    26  amended to read as follows:
    27    (cc)  The  county  of  Clinton shall have the sole right to impose the
    28  additional one percent rate of tax which such county  is  authorized  to
    29  impose  pursuant  to the authority of section twelve hundred ten of this
    30  article. Such additional rate of tax shall be in addition to  any  other
    31  tax  which  such  county  may impose or may be imposing pursuant to this
    32  article or any other law and such additional rate of tax  shall  not  be
    33  subject  to  preemption.  The  maximum three percent rate referred to in
    34  this section shall be calculated without reference to the additional one
    35  percent rate of tax which  the  county  of  Clinton  is  authorized  and
    36  empowered  to adopt pursuant to section twelve hundred ten of this arti-
    37  cle. Net collections from any additional rate of sales and  compensating
    38  use taxes which the county may impose during [the period] two year peri-
    39  ods  commencing  on  and after December first, two thousand eleven[, and
    40  ending November thirtieth, two thousand twenty], pursuant to the author-
    41  ity of section twelve hundred ten of this article shall be used  by  the
    42  county solely for county purposes and shall not be subject to any reven-
    43  ue  distribution  agreement  entered  into  pursuant to the authority of
    44  subdivision (c) of section twelve hundred sixty-two of this article.
    45    § 4. Section 1262-e of the tax law, as amended by section 2 of subpart
    46  BB of part A of chapter 61 of the laws of 2017, is amended  to  read  as
    47  follows:
    48    §  1262-e.  Establishment  of  local government assistance programs in
    49  Nassau county. 1. Towns and cities. Notwithstanding any other  provision
    50  of law to the contrary, for [the] calendar [year] years beginning on and
    51  after  January  first,  nineteen  hundred  ninety-eight  [and continuing
    52  through the calendar year beginning on January first, two thousand twen-
    53  ty], the county of Nassau shall enact and establish a  local  government
    54  assistance program for the towns and cities within such county to assist
    55  such  towns  and cities to minimize real property taxes; defray the cost
    56  and expense of the  treatment,  collection,  management,  disposal,  and

        S. 3162                            10
     1  transportation  of  municipal  solid  waste,  and  to  comply  with  the
     2  provisions of chapter two hundred ninety-nine of the  laws  of  nineteen
     3  hundred  eighty-three;  and  defray the cost of maintaining conservation
     4  and  environmental control programs. Such special assistance program for
     5  the towns and cities within such county and the funding for such program
     6  shall equal one-third of the revenues received by such county  from  the
     7  imposition of the three-quarters percent sales and use tax during calen-
     8  dar  [years]  year  two  thousand  one[,  two thousand two, two thousand
     9  three, two thousand four, two thousand five, two thousand six, two thou-
    10  sand seven, two thousand eight, two thousand nine, two thousand ten, two
    11  thousand eleven, two thousand twelve, two thousand thirteen,  two  thou-
    12  sand  fourteen, two thousand fifteen, two thousand sixteen,[,] two thou-
    13  sand seventeen, two thousand eighteen, two thousand nineteen]  and  [two
    14  thousand twenty] all succeeding calendar years additional to the regular
    15  three  percent rate authorized for such county in section twelve hundred
    16  ten of this article. The monies for such special local assistance  shall
    17  be  paid  and  distributed to the towns and cities on a per capita basis
    18  using the population figures in the  latest  decennial  federal  census.
    19  Provided  further,  that  notwithstanding any other law to the contrary,
    20  the establishment of such special assistance program shall preclude  any
    21  city  or  town  within such county from preempting or claiming under any
    22  other section of this chapter the revenues derived from  the  additional
    23  tax  authorized  by section twelve hundred ten of this article. Provided
    24  further, that any such town or towns may,  by  resolution  of  the  town
    25  board,  apportion  all  or  a  part  of  monies received in such special
    26  assistance program  to  an  improvement  district  or  special  district
    27  account within such town or towns in order to accomplish the purposes of
    28  this special assistance program.
    29    2. Villages. Notwithstanding any other provision of law to the contra-
    30  ry,  for  [the]  calendar  [year]  years  beginning on and after January
    31  first, nineteen hundred ninety-eight [and continuing through the  calen-
    32  dar year beginning on January first, two thousand twenty], the county of
    33  Nassau, by local law, is hereby empowered to enact and establish a local
    34  government  assistance  program  for  the villages within such county to
    35  assist such villages to minimize real property taxes;  defray  the  cost
    36  and  expense  of  the  treatment,  collection, management, disposal, and
    37  transportation of municipal solid waste; and defray the  cost  of  main-
    38  taining  conservation and environmental control programs. The funding of
    39  such local assistance program for the villages within such county may be
    40  provided by Nassau county during any calendar year in which such village
    41  local assistance program is in effect and shall not exceed one-sixth  of
    42  the  revenues received from the imposition of the three-quarters percent
    43  sales and use tax that are remaining after the  towns  and  cities  have
    44  received  their funding pursuant to the provisions of subdivision one of
    45  this section.  The funding for such  village  local  assistance  program
    46  shall  be  paid  and  distributed  to the villages on a per capita basis
    47  using the population figures in the  latest  decennial  federal  census.
    48  Provided  further,  that the establishment of such village local assist-
    49  ance program shall preclude any village within such county from preempt-
    50  ing or claiming under any other section of  this  chapter  the  revenues
    51  derived from the additional tax authorized by section twelve hundred ten
    52  of this article.
    53    § 5. Section 1262-g of the tax law, as amended by section 2 of subpart
    54  DD  of  part  A of chapter 61 of the laws of 2017, is amended to read as
    55  follows:

        S. 3162                            11
     1    § 1262-g. Oneida county allocation and distribution of net collections
     2  from the additional one percent  rate  of  sales  and  compensating  use
     3  taxes.  Notwithstanding  any contrary provision of law, if the county of
     4  Oneida imposes sales and compensating use taxes at a rate which  is  one
     5  percent  additional  to  the  three  percent  rate authorized by section
     6  twelve hundred ten of this article, as authorized by such  section,  (a)
     7  where  a  city  in  such county imposes tax pursuant to the authority of
     8  subdivision (a) of such section twelve hundred ten,  such  county  shall
     9  allocate,  distribute and pay in cash quarterly to such city one-half of
    10  the net collections attributable to such additional one percent rate  of
    11  the county's taxes collected in such city's boundaries; (b) where a city
    12  in  such  county  does  not impose tax pursuant to the authority of such
    13  subdivision (a) of such section twelve hundred ten,  such  county  shall
    14  allocate,  distribute  and  pay  in  cash  quarterly to such city not so
    15  imposing tax a portion of the net collections attributable  to  one-half
    16  of  the  county's  additional  one percent rate of tax calculated on the
    17  basis of the ratio which such city's population bears  to  the  county's
    18  total  population, such populations as determined in accordance with the
    19  latest decennial federal  census  or  special  population  census  taken
    20  pursuant  to  section  twenty of the general municipal law completed and
    21  published prior to the end of the quarter for which  the  allocation  is
    22  made,  which  special census must include the entire area of the county;
    23  and (c) provided, however, that such county shall dedicate the first one
    24  million five hundred thousand dollars of net collections attributable to
    25  such additional one percent rate of tax received by  such  county  after
    26  the county receives in the aggregate eighteen million five hundred thou-
    27  sand dollars of net collections from such additional one percent rate of
    28  tax  imposed for any [of the periods:] two year period commencing on and
    29  after September first, two thousand twelve [through August thirty-first,
    30  two thousand thirteen; September first, two  thousand  thirteen  through
    31  August  thirty-first,  two  thousand  fourteen; and September first, two
    32  thousand fourteen through August  thirty-first,  two  thousand  fifteen;
    33  September  first,  two thousand fifteen through August thirty-first, two
    34  thousand sixteen; and September  first,  two  thousand  sixteen  through
    35  August  thirty-first, two thousand seventeen; September first, two thou-
    36  sand seventeen through August thirty-first, two thousand  eighteen;  and
    37  September  first, two thousand eighteen through August thirty-first, two
    38  thousand twenty], to an allocation on  a  per  capita  basis,  utilizing
    39  figures  from  the latest decennial federal census or special population
    40  census taken pursuant to section twenty of the  general  municipal  law,
    41  completed  and  published  prior  to  the end of the year for which such
    42  allocation is made, which special census must include the entire area of
    43  such county, to be allocated and distributed among the towns  of  Oneida
    44  county  by appropriation of its board of legislators; provided, further,
    45  that nothing herein shall require such board of legislators to make  any
    46  such appropriation until it has been notified by any town by appropriate
    47  resolution  and,  in  any case where there is a village wholly or partly
    48  located within a town, a resolution of every such village, embodying the
    49  agreement of such town and village or villages upon the amount  of  such
    50  appropriation  to  be distributed to such village or villages out of the
    51  allocation to the town or towns in which it is located.
    52    § 6. Section 1262-h of the tax law, as amended by section 2 of subpart
    53  SS of part A of chapter 61 of the laws of 2017, is amended  to  read  as
    54  follows:
    55    §  1262-h.  Allocation  and  distribution  of net collections from the
    56  additional one percent rate of sales and compensating use taxes in Steu-

        S. 3162                            12
     1  ben county. Notwithstanding any provision of law to the contrary, of the
     2  net collections received by the county of Steuben as  a  result  of  the
     3  imposition  of  the  additional  one  percent  rate of tax authorized by
     4  section  twelve hundred ten of this article (a) during the period begin-
     5  ning December first, nineteen hundred ninety-three and  ending  November
     6  thirtieth, nineteen hundred ninety-four, the county of Steuben shall pay
     7  or  cause to be paid to the city of Hornell the sum of two hundred thou-
     8  sand dollars, to the city of Corning the sum of three  hundred  thousand
     9  dollars,  and  the sum of five hundred thousand dollars to the towns and
    10  villages of the county of Steuben, on the basis of the ratio  which  the
    11  full  valuation  of  real  property in each town or village bears to the
    12  aggregate full valuation of real  property  in  all  of  the  towns  and
    13  villages  in such area. Of the net collections received by the county of
    14  Steuben as a result of the imposition of  said  additional  one  percent
    15  rate  of  tax  authorized  by section twelve hundred ten of this article
    16  during the period beginning December first, nineteen hundred ninety-four
    17  and ending November thirtieth, nineteen hundred ninety-five, the  county
    18  of  Steuben shall pay or cause to be paid to the city of Hornell the sum
    19  of three hundred thousand dollars, to the city of  Corning  the  sum  of
    20  four  hundred fifty thousand dollars, and the sum of seven hundred fifty
    21  thousand dollars to the towns and villages of the county of Steuben,  on
    22  the basis of the ratio which the full valuation of real property in each
    23  town  or  village bears to the aggregate full valuation of real property
    24  in all of the towns and villages in such area; and (b) during the period
    25  beginning December first, nineteen hundred ninety-five and ending Novem-
    26  ber thirtieth, two thousand seven, the county of Steuben shall  annually
    27  pay  or  cause to be paid to the city of Hornell the sum of five hundred
    28  fifty thousand dollars, to the city of Corning the sum  of  six  hundred
    29  thousand dollars, and the sum of seven hundred fifty thousand dollars to
    30  the  towns  and  villages  of the county of Steuben, on the basis of the
    31  ratio which the full valuation of real property in each town or  village
    32  bears  to  the  aggregate  full valuation of real property in all of the
    33  towns and villages in such area; and during the period beginning  Decem-
    34  ber  first,  two thousand seven and ending November thirtieth, two thou-
    35  sand nine, the county of Steuben shall annually pay or cause to be  paid
    36  to  the  city of Hornell the sum of six hundred ten thousand dollars, to
    37  the city of Corning the sum of six hundred fifty thousand  dollars,  and
    38  the  sum  of  seven  hundred  fifty  thousand  dollars  to the towns and
    39  villages of the county of Steuben, on the basis of the ratio  which  the
    40  full  valuation  of  real  property in each town or village bears to the
    41  aggregate full valuation of real  property  in  all  of  the  towns  and
    42  villages  in  such area; and during the period beginning December first,
    43  two thousand nine and ending November thirtieth,  two  thousand  eleven,
    44  the county of Steuben shall annually pay or cause to be paid to the city
    45  of Hornell the sum of seven hundred ten thousand dollars, to the city of
    46  Corning  the  sum  of seven hundred ten thousand dollars, and the sum of
    47  seven hundred fifty thousand dollars to the towns and  villages  of  the
    48  county of Steuben, on the basis of the ratio which the full valuation of
    49  real  property in each town or village bears to the aggregate full valu-
    50  ation of real property in all of the towns and villages  in  such  area;
    51  and  during the period beginning December first, two thousand eleven and
    52  ending November thirtieth, two thousand thirteen, the county of  Steuben
    53  shall annually pay or cause to be paid to the city of Hornell the sum of
    54  seven  hundred forty thousand dollars, to the city of Corning the sum of
    55  seven hundred forty thousand dollars, and the sum of seven hundred fifty
    56  thousand dollars to the towns and villages of the county of Steuben,  on

        S. 3162                            13
     1  the basis of the ratio which the full valuation of real property in each
     2  town  or  village bears to the aggregate full valuation of real property
     3  in all of the towns and villages in such area;  and  during  the  period
     4  beginning  December  first,  two  thousand  thirteen and ending November
     5  thirtieth, two thousand fifteen, the county of  Steuben  shall  annually
     6  pay  or cause to be paid to the city of Hornell the sum of seven hundred
     7  sixty-five thousand dollars, to the city of Corning  the  sum  of  seven
     8  hundred  sixty-five thousand dollars, and the sum of seven hundred fifty
     9  thousand dollars to the towns and villages of the county of Steuben,  on
    10  the basis of the ratio which the full valuation of real property in each
    11  town  or  village bears to the aggregate full valuation of real property
    12  in all of the towns and villages in such area;  and  during  the  period
    13  beginning December first, two thousand fifteen and ending November thir-
    14  tieth,  two thousand seventeen, the county of Steuben shall annually pay
    15  or cause to be paid to the city of Hornell  the  sum  of  seven  hundred
    16  sixty-five  thousand  dollars,  to  the city of Corning the sum of seven
    17  hundred sixty-five thousand dollars, and the sum of seven hundred  fifty
    18  thousand  dollars to the towns and villages of the county of Steuben, on
    19  the basis of the ratio which the full valuation of real property in each
    20  town or village bears to the aggregate full valuation of  real  property
    21  in  all  of the towns and villages in such area; and during [the period]
    22  two year periods beginning on and after  December  first,  two  thousand
    23  seventeen  [and  ending  November  thirtieth,  two thousand twenty], the
    24  county of Steuben shall annually pay or cause to be paid to the city  of
    25  Hornell the sum of seven hundred eighty thousand dollars, to the city of
    26  Corning the sum of seven hundred eighty thousand dollars, and the sum of
    27  seven  hundred  fifty  thousand dollars to the towns and villages of the
    28  county of Steuben, on the basis of the ratio which the full valuation of
    29  real property in each town or village bears to the aggregate full  valu-
    30  ation of real property in all of the towns and villages in such area.
    31    §  7.  Subdivision (c) of section 1262-j of the tax law, as amended by
    32  section 2 of subpart TT of part A of chapter 61 of the laws of 2017,  is
    33  amended to read as follows:
    34    (c)  Notwithstanding  any provision of law to the contrary, of the net
    35  collections received by the  county  of  Suffolk  as  a  result  of  the
    36  increase  of one percent to the tax authorized by section twelve hundred
    37  ten of this article for [the period] two year periods beginning  on  and
    38  after  June  first, two thousand one [and ending November thirtieth, two
    39  thousand twenty], imposed by local laws or resolutions (by simple major-
    40  ity) by the county legislature, and signed by the county executive,  the
    41  county  of  Suffolk  shall  allocate such net collections as follows: no
    42  less than  one-eighth  and  no  more  than  three-eighths  of  such  net
    43  collections  received  shall be dedicated for public safety purposes and
    44  the balance shall be deposited in the general  fund  of  the  county  of
    45  Suffolk.
    46    § 8. Section 1262-l of the tax law, as amended by section 2 of subpart
    47  MM  of  part  A of chapter 61 of the laws of 2017, is amended to read as
    48  follows:
    49    § 1262-1. Allocation and distribution  of  net  collections  from  the
    50  additional rate of sales and compensating use tax in Rockland county. 1.
    51  Notwithstanding  any  provision of law to the contrary, if the county of
    52  Rockland imposes the additional five-eighths of one percent rate of  tax
    53  authorized  by  section  twelve  hundred ten of this article during [the
    54  period] two year periods beginning on and after March first,  two  thou-
    55  sand  two[,  and  ending  November thirtieth, two thousand twenty], such
    56  county  shall  allocate  and  distribute  twenty  percent  of  the   net

        S. 3162                            14
     1  collections  from  such additional rate to the towns and villages in the
     2  county in accordance with subdivision  (c)  of  section  twelve  hundred
     3  sixty-two of this part on the basis of the ratio which the population of
     4  each such town or village bears to such county's total population; and
     5    2. Notwithstanding any provision of law to the contrary, if the county
     6  of  Rockland imposes the additional three-eighths of one percent rate of
     7  tax authorized by section twelve hundred ten of this article during [the
     8  period] two year periods beginning on and after March first,  two  thou-
     9  sand  seven,  [and ending November thirtieth, two thousand twenty], such
    10  county shall allocate and distribute sixteen and two-thirds  percent  of
    11  the  net  collections  from such additional rate to the general funds of
    12  towns and villages within the county of Rockland with existing town  and
    13  village  police departments from March first, two thousand seven through
    14  December thirty-first, two thousand seven and thirty-three and one-third
    15  percent of the net collections from such additional rate [from]  on  and
    16  after January first, two thousand eight [through November thirtieth, two
    17  thousand  twenty]. The monies allocated and distributed pursuant to this
    18  subdivision shall be allocated and distributed  to  towns  and  villages
    19  with  police  departments on the basis of the number of full-time equiv-
    20  alent police officers employed by each police department and  shall  not
    21  be used for salaries heretofore or hereafter negotiated.
    22    § 9. Section 1262-n of the tax law, as amended by section 2 of subpart
    23  CC  of  part  A of chapter 61 of the laws of 2017, is amended to read as
    24  follows:
    25    § 1262-n. Disposition of  net  collections  from  the  additional  one
    26  percent  rate  of  sales  and  compensating  use  taxes in the county of
    27  Niagara.  Notwithstanding any contrary provision of law, if  the  county
    28  of  Niagara imposes the additional one percent rate of sales and compen-
    29  sating use taxes authorized by section twelve hundred ten of this  arti-
    30  cle for all or any portion of [the period] two year periods beginning on
    31  and  after  March first, two thousand three [and ending November thirti-
    32  eth, two thousand twenty], the county shall use all net collections from
    33  such additional one percent rate to pay the county's expenses for  Medi-
    34  caid.  The  net collections from the additional one percent rate imposed
    35  pursuant to this section shall be deposited in  a  special  fund  to  be
    36  created  by  such  county  separate  and  apart from any other funds and
    37  accounts of the county. Any and all remaining net collections from  such
    38  additional  one percent tax, after the Medicaid expenses are paid, shall
    39  be deposited by the county of Niagara in the general fund of such county
    40  for any county purpose.
    41    § 10. Section 1262-o of the tax law is  REPEALED  and  a  new  section
    42  1262-o is added to read as follows:
    43    §  1262-o.  Disposition of net collections from the additional rate of
    44  sales and compensating use taxes in the county of Chautauqua.   Notwith-
    45  standing  any  contrary  provision  of  law, if the county of Chautauqua
    46  imposes the additional one and one-quarter percent  rate  of  sales  and
    47  compensating  use taxes authorized by section twelve hundred ten of this
    48  article for all or any portion of the period beginning March first,  two
    49  thousand  five  and  ending  August  thirty-first, two thousand six, the
    50  additional one percent rate authorized by such section for all or any of
    51  the period beginning September first, two thousand six and ending Novem-
    52  ber thirtieth, two thousand seven, the additional three-quarters of  one
    53  percent  rate  authorized  by  such section for all or any of the period
    54  beginning December first, two thousand seven and ending November thirti-
    55  eth, two thousand ten, the county shall allocate one-fifth  of  the  net
    56  collections  from  the  additional  three-quarters of one percent to the

        S. 3162                            15
     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 two year periods beginning on or after December first, two  thou-
    37  sand  fifteen,  the  county  shall  allocate three-twentieths of the net
    38  collections from the additional one percent to  the  cities,  towns  and
    39  villages  in  the  county  on the basis of their respective populations,
    40  determined in accordance with the latest  decennial  federal  census  or
    41  special population census taken pursuant to section twenty of the gener-
    42  al municipal law completed and published prior to the end of the quarter
    43  for  which the allocation is made, and allocate the remainder of the net
    44  collections from the additional one percent as follows: (1) to  pay  the
    45  county's  expenses  for Medicaid and other expenses required by law; (2)
    46  to pay for local road and bridge projects; (3) for the purposes of capi-
    47  tal projects and repaying any debts incurred for such  capital  projects
    48  in  the  county of Chautauqua that are not otherwise paid for by revenue
    49  received from the mortgage recording tax; and (4)  for  deposit  into  a
    50  reserve fund for bonded indebtedness established pursuant to the general
    51  municipal  law.  The  net  collections from the additional rates imposed
    52  pursuant to this section shall be deposited in  a  special  fund  to  be
    53  created  by  such  county  separate  and  apart from any other funds and
    54  accounts of the county to be used for purposes above described.

        S. 3162                            16
     1    § 11. Section 1262-p of the tax  law,  as  amended  by  section  2  of
     2  subpart  X  of  part  A of chapter 61 of the laws of 2017, is amended to
     3  read as follows:
     4    §  1262-p.  Disposition  of  net  collections  from the additional one
     5  percent rate of sales and  compensating  use  taxes  in  the  county  of
     6  Livingston.  Notwithstanding any contrary provision of law, if the coun-
     7  ty  of  Livingston  imposes the additional one 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] two year periods begin-
    10  ning on and after June first, two thousand three  [and  ending  November
    11  thirtieth,   two   thousand  twenty],  the  county  shall  use  all  net
    12  collections from such additional one percent rate to  pay  the  county's
    13  expenses  for  Medicaid.  The  net  collections  from the additional one
    14  percent rate imposed pursuant to this section shall be  deposited  in  a
    15  special  fund  to  be created by such county separate and apart from any
    16  other funds and accounts of  the  county.  Any  and  all  remaining  net
    17  collections  from  such  additional  one percent tax, after the Medicaid
    18  expenses are paid, shall be deposited by the county of Livingston in the
    19  general fund of such county for any county purpose.
    20    § 12. Subdivision 2 of section 1262-q of the tax law,  as  amended  by
    21  section  2  of subpart N of part A of chapter 61 of the laws of 2017, is
    22  amended to read as follows:
    23    (2) Net collections from the additional three-quarters of one  percent
    24  rate  of  sales  and  compensating use taxes which the county may impose
    25  during [the period] two year periods commencing on  and  after  December
    26  first, two thousand eleven[, and ending November thirtieth, two thousand
    27  twenty], pursuant to the authority of item (ii) of clause (4) of subpar-
    28  agraph  (i)  of  the  opening paragraph of section twelve hundred ten of
    29  this article shall be used by the county solely for county purposes  and
    30  shall  not  be  subject to any revenue distribution agreement the county
    31  entered into pursuant to the authority of  subdivision  (c)  of  section
    32  twelve hundred sixty-two of this part.
    33    §  13.  Section  1262-s  of  the  tax  law, as amended by section 3 of
    34  subpart U of part A of chapter 61 of the laws of  2017,  is  amended  to
    35  read as follows:
    36    § 1262-s. Disposition of net collections from the additional one-quar-
    37  ter of one percent rate of sales and compensating use taxes in the coun-
    38  ty  of  Herkimer.  Notwithstanding any contrary provision of law, if the
    39  county of Herkimer imposes the additional  one-quarter  of  one  percent
    40  rate  of  sales  and compensating use taxes authorized by section twelve
    41  hundred ten-E of this article for all or any portion of [the period] two
    42  year periods beginning on and after December first, two  thousand  seven
    43  [and  ending  November thirtieth, two thousand twenty], the county shall
    44  use all net collections from such additional one-quarter of one  percent
    45  rate  to  pay  the  county's expenses for the construction of additional
    46  correctional facilities. The net collections from  the  additional  rate
    47  imposed pursuant to section twelve hundred ten-E shall be deposited in a
    48  special  fund  to  be created by such county separate and apart from any
    49  other funds and accounts of  the  county.  Any  and  all  remaining  net
    50  collections  from  such  additional  tax,  after  the  expenses  of such
    51  construction are paid, shall be deposited by the county of  Herkimer  in
    52  the general fund of such county for any county purpose.
    53    §  14.  Section  3 of chapter 200 of the laws of 2002 amending the tax
    54  law relating to certain tax rates imposed by the county  of  Ulster,  as
    55  amended  by  section 2 of subpart XX of part A of chapter 61 of the laws
    56  of 2017, is amended to read as follows:

        S. 3162                            17
     1    § 3. If, pursuant to the authority of this act, the county  of  Ulster
     2  imposes  sales  and  compensating use taxes at a rate greater than three
     3  percent for all or any portion of [the period] two year periods commenc-
     4  ing on and after September 1, 2002[, and ending November 30, 2020],  net
     5  collections  from such additional rate of tax imposed during such period
     6  shall be deemed to be, and shall be included in, net collections subject
     7  to such county's existing agreement with the city  of  Kingston  entered
     8  into pursuant to subdivision (c) of section 1262 of the tax law and such
     9  net collections shall be allocated in accordance with such agreement.
    10    §  15.  Section  3 of chapter 160 of the laws of 2015 amending the tax
    11  law relating to extending the authorization of the county of Onondaga to
    12  impose an additional rate of sales and compensating use taxes is amended
    13  to read as follows:
    14    § 3. Notwithstanding any contrary provision of  law,  net  collections
    15  from the additional one percent rate of sales and compensating use taxes
    16  which  may  be imposed by the county of Onondaga during the [period] two
    17  year periods commencing on and after December 1, 2016 [and ending Novem-
    18  ber 30, 2017], pursuant to the authority of section 1210 of the tax law,
    19  shall not be subject to any revenue distribution agreement entered  into
    20  under subdivision (c) of section 1262 of the tax law, but shall be allo-
    21  cated and distributed or paid, at least quarterly, as follows: (i) 1.58%
    22  to  the  county  of  Onondaga for any county purpose; (ii) 97.79% to the
    23  city of Syracuse; and (iii) .63% to the school districts  in  accordance
    24  with subdivision (a) of section 1262 of the tax law.
    25    §  16.  Section  2 of chapter 192 of the laws of 2015 amending the tax
    26  law relating to extending the authority  of  the  county  of  Orange  to
    27  impose an additional rate of sales and compensating use taxes is amended
    28  to read as follows:
    29    §  2.  Notwithstanding subdivision (c) of section 1262 of the tax law,
    30  net collections from any additional rate of sales and  compensating  use
    31  taxes  which  may be imposed by the county of Orange during [the period]
    32  two year periods commencing on or after December 1,  2015[,  and  ending
    33  November 30, 2017], pursuant to the authority of section 1210 of the tax
    34  law,  shall  be  paid  to the county of Orange and shall be used by such
    35  county solely for county purposes and shall not be subject to any reven-
    36  ue distribution agreement entered into  pursuant  to  the  authority  of
    37  subdivision (c) of section 1262 of the tax law.
    38    §  17.  Section  2 of chapter 206 of the laws of 2015 amending the tax
    39  law relating to the imposition of sales and compensating  use  taxes  by
    40  the county of Monroe, is amended to read as follows:
    41    §  2.  Notwithstanding  the  provisions of subdivisions (b) and (c) of
    42  section 1262 and section 1262-g of the tax law, net collections, as such
    43  term is defined in section 1262 of the tax law, derived from the imposi-
    44  tion of sales and compensating use taxes by the county of Monroe at  the
    45  additional  rate of one percent as authorized pursuant to clause (25) of
    46  subparagraph (i) of the opening paragraph of section  1210  of  the  tax
    47  law, as amended by section one of this act, which are in addition to the
    48  current net collections derived from the imposition of such taxes at the
    49  three  percent  rate authorized by the opening paragraph of section 1210
    50  of the tax law, shall be distributed and allocated as follows: for  [the
    51  period  of]  two  year  periods commencing on and after December 1, 2015
    52  [through November  30,  2017]  in  cash,  five  percent  to  the  school
    53  districts in the area of the county outside the city of Rochester, three
    54  percent  to  the  towns  located  within the county, one and one-quarter
    55  percent to the villages located within the county, and ninety and three-
    56  quarters percent to the city of Rochester  and  county  of  Monroe.  The

        S. 3162                            18
     1  amount  of  the  ninety and three-quarters percent to be distributed and
     2  allocated to the city  of  Rochester  and  county  of  Monroe  shall  be
     3  distributed  and  allocated  to each so that the combined total distrib-
     4  ution  and  allocation  to  each from the sales tax revenues pursuant to
     5  sections 1262 and 1262-g of the tax law and this section shall result in
     6  the same total amount being distributed and allocated  to  the  city  of
     7  Rochester  and county of Monroe. The amount so distributed and allocated
     8  to the county shall be used for  county  purposes.  The  foregoing  cash
     9  payments  to the school districts shall be allocated on the basis of the
    10  enrolled public school pupils, thereof, as such term is used in subdivi-
    11  sion (b) of section 1262 of the tax  law,  residing  in  the  county  of
    12  Monroe.  The  cash  payments  to  the towns located within the county of
    13  Monroe shall be allocated on the basis of the ratio which the population
    14  of each town, exclusive of the population  of  any  village  or  portion
    15  thereof  located  within  a  town,  bears to the total population of the
    16  towns, exclusive of the population of the villages located  within  such
    17  towns. The cash payments to the villages located within the county shall
    18  be  allocated  on  the  basis  of the ratio which the population of each
    19  village bears to the total population of the villages located within the
    20  county. The term population as used in this section shall have the  same
    21  meaning as used in subdivision (b) of section 1262 of the tax law.
    22    §  18.  Section  2 of chapter 302 of the laws of 2015 amending the tax
    23  law relating to the imposition of sales and compensating  use  taxes  by
    24  the county of Albany is amended to read as follows:
    25    §  2. Notwithstanding any inconsistent provision of law, if the county
    26  of Albany imposes the additional one percent rate of sales  and  compen-
    27  sating  use  taxes  authorized by [section one of this act] clause 10 of
    28  subparagraph (i) of the opening paragraph of section 1210 of the tax law
    29  for any portion of the [period] two year periods during which the county
    30  is so authorized to impose such additional  one  percent  rate  of  such
    31  taxes, then such county of Albany shall allocate and distribute quarter-
    32  ly  to the cities and the area in the county outside the cities the same
    33  proportion of  net  collections  attributable  to  such  additional  one
    34  percent rate of such taxes as such county is allocating and distributing
    35  the  net  collections from the county's three percent rate of such taxes
    36  as of the date this act shall have become a law, and such portion of net
    37  collections attributable to such additional one  percent  rate  of  such
    38  taxes  shall  be  allocated and distributed to the towns and villages in
    39  such county in the same manner as the net  collections  attributable  to
    40  such  county's  three  percent  rate  of  such  taxes  are allocated and
    41  distributed to such towns and villages as of the  date  this  act  shall
    42  have  become  a  law. In the event that any city in the county of Albany
    43  exercises its prior right to impose tax pursuant to section 1224 of  the
    44  tax law, then the county of Albany shall not be required to allocate and
    45  distribute  net collections in accordance with the previous sentence for
    46  any period of time during which any such city tax is in effect.
    47    § 19. Section 2 of chapter 212 of the laws of 2013  amending  the  tax
    48  law  relating  to  sales  and compensating use tax in Columbia county is
    49  amended to read as follows:
    50    § 2. Notwithstanding any provision of law  to  the  contrary,  if  the
    51  county  of Columbia imposes the additional one percent rate of sales and
    52  compensating use taxes authorized by the opening  paragraph  of  section
    53  1210  of  the tax law, [as extended by section one of this act,] for any
    54  portion of the [period] two year periods during which such county is  so
    55  authorized  to  impose  such  additional one percent rate of such taxes,
    56  then the county of Columbia shall allocate and distribute  quarterly  to

        S. 3162                            19
     1  the  city  of  Hudson  and the area in such county outside such city the
     2  same proportion of net collections attributable to such  additional  one
     3  percent  rate of such taxes as such county was allocating and distribut-
     4  ing  the  net  collections from such county's three percent rate of such
     5  taxes on July 31, 2008, and such portion of net collections attributable
     6  to such additional one percent rate of such taxes shall be allocated and
     7  distributed to the towns and villages in such county in the same  manner
     8  as  the net collections attributable to such county's three percent rate
     9  of such taxes were allocated and distributed to such towns and  villages
    10  on  July  31,  2008.  In the event that the city of Hudson exercises its
    11  prior right to impose a tax pursuant to section 1224  of  the  tax  law,
    12  then  the  county  of  Columbia  shall  not  be required to allocate and
    13  distribute net collections in accordance with this section for any peri-
    14  od of time during which any such city tax is in effect.
    15    § 20. Section 2 of chapter 171 of the laws of 2015  amending  the  tax
    16  law  relating  to  extending  the expiration of the authorization to the
    17  county of Genesee to impose an  additional  one  percent  of  sales  and
    18  compensating use taxes is amended to read as follows:
    19    §  2.  Notwithstanding any other provision of law to the contrary, the
    20  one percent increase in sales and compensating use taxes authorized  for
    21  the county of Genesee [until November 30, 2017] pursuant to clause 20 of
    22  subparagraph  (i)  of  the  opening paragraph of section 1210 of the tax
    23  law, as amended by section one of this act, shall be divided in the same
    24  manner and proportion as the existing three percent sales and compensat-
    25  ing use taxes in such county are divided.
    26    § 21. This act shall take effect immediately.
feedback