Bill Text: NY S06627 | 2019-2020 | General Assembly | Introduced


Bill Title: Imposes a surcharge on all sales within the Bear Mountain State Park to benefit the Haverstraw-Stony Point Central School District.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-28 - REPORTED AND COMMITTED TO FINANCE [S06627 Detail]

Download: New_York-2019-S06627-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6627

                               2019-2020 Regular Sessions

                    IN SENATE

                                      July 10, 2019
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the education law and the tax law, in relation to impos-
          ing a surcharge on certain sales  within  the  Haverstraw-Stony  Point
          central school district

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 1501-d
     2  to read as follows:
     3    § 1501-d. Adoption of a sales surcharge for the Haverstraw-Stony Point
     4  central school district. 1.  The board of education of  the  Haverstraw-
     5  Stony  Point  central school district may adopt, by resolution, a school
     6  district surcharge imposed pursuant to the authority of article thirty-C
     7  of the tax law, to finance public education, pursuant to  this  section.
     8  The  levy  of  real property taxes by the Haverstraw-Stony Point central
     9  school district shall not be affected by the adoption of such surcharge.
    10    2. If adopted by the board of education on  or  before  March  thirty-
    11  first  in  any  year,  with  notice  to the commissioner of taxation and
    12  finance, as provided in section thirteen hundred sixty-one  of  the  tax
    13  law  on or before such date, such school district surcharge shall become
    14  effective from and after the first day of January  next  succeeding  its
    15  adoption.  If  adopted  after  March  thirty-first  in any year, or with
    16  notice after such date, such surcharge shall become effective  from  and
    17  after  one  year  from  the  first  day  of  January next succeeding its
    18  adoption.
    19    § 2. The tax law is amended by adding a new article 30-C  to  read  as
    20  follows:
    21                                ARTICLE 30-C
    22                       HAVERSTRAW-STONY POINT CENTRAL
    23                          SCHOOL DISTRICT SURCHARGE
    24  Section 1360. Short title.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13470-04-9

        S. 6627                             2

     1          1361. Authority to impose school district surcharge.
     2          1362. Deposit and disposition of revenues.
     3    §  1360.  Short title. This article shall be known and may be cited as
     4  the "Haverstraw-Stony Point central school district surcharge".
     5    § 1361. Authority to impose school district  surcharge.  (a)  General.
     6  Notwithstanding  any other provision of law to the contrary, but subject
     7  to the limitations and conditions set forth in this article, the  Haver-
     8  straw-Stony  Point  central school district, acting through its board of
     9  education in accordance with section fifteen hundred one-d of the educa-
    10  tion law, is hereby authorized and empowered to adopt and  amend  resol-
    11  utions  imposing  in such school district a school district surcharge of
    12  one dollar on all sales which occur within the Bear Mountain State Park.
    13  Such school district surcharge  shall  be  administered,  collected  and
    14  distributed by the commissioner as provided for in this article.
    15    (b) Form of adoption of resolution. Adoption of the surcharge pursuant
    16  to  the  authority  of this section shall be by adoption of a resolution
    17  setting forth a one dollar surcharge on all sales within the Bear  Moun-
    18  tain State Park.
    19    (c)  Effectiveness  of  resolution  and  filing with commissioner. (1)
    20  Initial adoption. A resolution imposing  a  surcharge  pursuant  to  the
    21  authority  of  this  section which is adopted on or before March thirty-
    22  first of any calendar year with notice to the commissioner on or  before
    23  such  date shall go into effect on the first day of January of the first
    24  succeeding calendar year, and any such resolution adopted after, or with
    25  notice after, such March thirty-first shall go into effect on the  first
    26  day  of  January  of  the second succeeding calendar year, and in either
    27  case shall apply to taxable years beginning on and after such first  day
    28  of January.
    29    (2)  Amendment. A resolution amending such surcharge, which resolution
    30  is adopted on or before June thirtieth of any calendar year with  notice
    31  to  the  commissioner on or before such date shall go into effect on the
    32  first day of January of the first succeeding calendar year, and any such
    33  resolution adopted after, or with  notice  after,  such  June  thirtieth
    34  shall  go into effect on the first day of January of the second succeed-
    35  ing calendar year, and in either  case  shall  apply  to  taxable  years
    36  beginning on and after such first day of January.
    37    (3)  Notice.  Notice to the commissioner of adoption of any resolution
    38  pursuant to the authority of this section shall be by mailing by  regis-
    39  tered  mail  a  certified copy of such resolution to the commissioner at
    40  the commissioner's office in Albany.
    41    (d) Filing of resolution with others. Certified  copies  of  any  such
    42  resolution shall also be filed, within thirty days of the date of enact-
    43  ment,  with  the  clerk  of the school district wherein the surcharge is
    44  imposed.
    45    (e) Cooperation. (1) The school district shall furnish the commission-
    46  er such information as he or she may require in  the  administration  of
    47  such surcharge, any other law to the contrary notwithstanding.
    48    (2)  The  commissioner shall advise and cooperate with school district
    49  officials for the purpose  of  uniform  administration,  collection  and
    50  distribution of the surcharge authorized by this section.
    51    § 1362. Deposit and disposition of revenues. (a) All revenue collected
    52  by  the  commissioner from the surcharge imposed by the Haverstraw-Stony
    53  Point central school district pursuant to the authority of this  article
    54  shall  be deposited daily with such responsible banks, banking houses or
    55  trust companies, as may be designated by the state comptroller,  to  the
    56  credit  of  the  comptroller,  in  trust  for such school district. Such

        S. 6627                             3

     1  deposits shall be kept in trust and separate and apart  from  all  other
     2  moneys  in  the  possession  of  the  comptroller. The comptroller shall
     3  require adequate security from all such  depositories  of  such  revenue
     4  collected by the commissioner.
     5    (b) The amount required for administering, collecting and distributing
     6  the  surcharge  shall  be  paid  by  the  comptroller  on  or before the
     7  fifteenth day of each month into the general fund of the state  treasury
     8  to the credit of the state purposes account therein.
     9    (c)  The deposits kept in trust for such school district shall be paid
    10  to such school district on or before the first of July of each year  and
    11  shall be used solely to reduce the property tax levy.
    12    § 3. This act shall take effect immediately.
feedback