Bill Text: NY S05861 | 2017-2018 | General Assembly | Amended
Bill Title: Imposes an occupancy tax in the city of Cortland to be used for tourism development and promotion.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-13 - PRINT NUMBER 5861B [S05861 Detail]
Download: New_York-2017-S05861-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5861--B 2017-2018 Regular Sessions IN SENATE May 3, 2017 ___________ Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the tax law, in relation to the imposition of an occu- pancy tax in the city of Cortland; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new section 1202-ff to 2 read as follows: 3 § 1202-ff. Occupancy tax in the city of Cortland. (1) Notwithstanding 4 any other provision of law to the contrary, the city of Cortland, in the 5 county of Cortland, is hereby authorized and empowered to adopt and 6 amend local laws imposing in such city a tax, in addition to any other 7 tax authorized and imposed pursuant to this article, such as the legis- 8 lature has or would have the power and authority to impose upon persons 9 occupying any room for hire in any hotel. For the purposes of this 10 section, the term "hotel" shall mean a building or portion of it which 11 is regularly used and kept open as such for the lodging of guests. The 12 term "hotel" includes an apartment hotel, a motel or a boarding house, 13 whether or not meals are served. The rate of such tax shall not exceed 14 three percent of the per diem rental rate for each room whether such 15 room is rented on a daily or longer basis. 16 (2) Such taxes may be collected and administered by the chief fiscal 17 officer of the city of Cortland by such means and in such manner as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11356-04-8S. 5861--B 2 1 other taxes which are now collected and administered by such officer or 2 as otherwise may be provided by such local law. 3 (3) Such local laws may provide that any taxes imposed shall be paid 4 by the person liable therefor to the owner of the room for hire in the 5 tourist home, inn, club, hotel, motel or other similar place of public 6 accommodation occupied or to the person entitled to be paid the rent or 7 charge the room for hire in the tourist home, inn, club, hotel, motel, 8 or other similar place of public accommodation occupied for and on 9 account of the city of Cortland imposing the tax and that such owner or 10 person entitled to be paid the rent or charge shall be liable for the 11 collection and payment of the tax; and that such owner or person enti- 12 tled to be paid the rent or charge shall have the same right in respect 13 to collecting the tax from the person occupying the room for hire in the 14 tourist home, inn, club, hotel, motel or other similar place of public 15 accommodation, or in respect to nonpayment of the tax by the person 16 occupying the room for hire in the tourist home, inn, club, hotel, 17 motel, or similar place of public accommodation, as if the taxes were a 18 part of the rent or charge and payable at the same time as the rent or 19 charge; provided however, that the chief fiscal officer of the city, 20 specified in such local laws, shall be joined as a party in any action 21 or proceeding brought to collect the tax by the owner or by the person 22 entitled to be paid the rent or charge. 23 (4) Such local laws may provide for the filing of returns and the 24 payment of the taxes on a monthly basis or on a basis of any longer or 25 shorter period of time. 26 (5) This section shall not authorize the imposition of such tax upon 27 any of the following: 28 a. The state of New York, or any public corporation (including a 29 public corporation created pursuant to agreement or compact with another 30 state or the dominion of Canada), improvement district or other poli- 31 tical subdivision of the state; 32 b. The United States of America, insofar as it is immune for taxation; 33 or 34 c. Any corporation or association, or trust, or community chest, fund 35 or foundation organized and operated exclusively for religious, charita- 36 ble or education purposes, or for the prevention of cruelty to children 37 or animals, and no part of the net earnings of which inures to the bene- 38 fit of any private shareholder or individual and no substantial part of 39 the activities of which is carrying on propaganda, or otherwise attempt- 40 ing to influence legislation; provided, however, that nothing in this 41 paragraph shall include an organization operated for the primary purpose 42 of carrying on a trade or business for profit, whether or not all of its 43 profits are payable to one or more organizations described in this para- 44 graph. 45 d. A permanent resident of a hotel or motel. For the purposes of this 46 section, the term "permanent resident" shall mean a natural person occu- 47 pying any room or rooms in a hotel or motel for at least thirty consec- 48 utive days. 49 (6) Any final determination of the amount of any tax payable hereunder 50 shall be reviewable for error, illegality or unconstitutionality or any 51 other reason whatsoever by a proceeding under article seventy-eight of 52 the civil practice law and rules if application therefor is made to the 53 supreme court within thirty days after the giving of notice of such 54 final determination, provided, however, that any such proceeding under 55 article seventy-eight of the civil practice law and rules shall not be 56 instituted unless:S. 5861--B 3 1 a. The amount of any tax sought to be reviewed, with such interest and 2 penalties thereon as may be provided for by local laws or regulations 3 shall be first deposited and there shall be filed an undertaking, issued 4 by a surety company authorized to transact business in this state and 5 approved by the superintendent of insurance of this state as to solvency 6 and responsibility, in such amount as a justice of the supreme court 7 shall approve to the effect that if such proceeding be dismissed or the 8 tax confirmed the petitioner will pay all costs and charges which may 9 accrue in the prosecution of such proceeding; or 10 b. At the option of the petitioner, such undertaking may be in a sum 11 sufficient to cover the taxes, interests and penalties stated in such 12 determination plus the costs and charges which may accrue against it in 13 the prosecution of the proceeding, in which event the petitioner shall 14 not be required to pay such taxes, interest or penalties as a condition 15 precedent to the application. 16 (7) Where any taxes imposed hereunder shall have been erroneously, 17 illegally or unconstitutionally collected and application for the refund 18 therefor duly made to the proper fiscal officer or officers, and such 19 officer or officers shall have made a determination denying such refund, 20 such determination shall be reviewable by a proceeding under article 21 seventy-eight of the civil practice law and rules, provided, however, 22 that such proceeding is instituted within thirty days after the giving 23 of the notice of such denial, that a final determination of tax due was 24 not previously made, and that an undertaking is filed with the proper 25 fiscal officer or officers in such amount and with such sureties as a 26 justice of the supreme court shall approve to the effect that if such 27 proceeding be dismissed or the taxes confirmed, the petitioner will pay 28 all costs and charges which may accrue in the prosecution of such 29 proceeding. 30 (8) Except in the case of a willfully false or fraudulent return with 31 intent to evade the tax, no assessment of additional tax shall be made 32 after the expiration of more than three years from the date of the 33 filing of a return, provided, however, that where no return has been 34 filed as provided by law the tax may be assessed at any time. 35 (9) All revenues resulting from the imposition of the tax under the 36 local laws shall be paid into the treasury of the city of Cortland and 37 shall be credited to and deposited in the hospitality tax fund of such 38 city. Such revenues may be used for infrastructure development, 39 construction, rehabilitation and promotion of designation tourism as so 40 determined by the city of Cortland Common Council. 41 (10) Each enactment of such a local law may provide for the imposition 42 of a hotel or motel tax for a period of time no longer than three years 43 from the date of its enactment. Nothing in this section shall prohibit 44 the adoption and enactment of local laws, pursuant to the provisions of 45 this section, upon the expiration of any other local law adopted pursu- 46 ant to this section. 47 (11) If any provision of this section or the application thereof to 48 any person or circumstance shall be held invalid, the remainder of this 49 section and the application of such provision to other persons or 50 circumstances shall not be affected thereby. 51 § 2. This act shall take effect immediately and shall expire and be 52 deemed repealed on September 1, 2021.
