Bill Text: NY S08073 | 2019-2020 | General Assembly | Introduced


Bill Title: Extends the authorization for Oneida county to impose additional rates of sales and compensating use taxes and for allocation and distribution of a portion of net collections from such additional rates until 2023.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-16 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08073 Detail]

Download: New_York-2019-S08073-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8073

                    IN SENATE

                                     March 16, 2020
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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, in relation to authorizing Oneida county to
          impose additional rates  of  sales  and  compensating  use  taxes  and
          providing  for  allocation  and  distribution  of  a  portion  of  net
          collections from such additional rates

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

     1    Section  1.  Clause 13 of subparagraph (i) of the opening paragraph of
     2  section 1210 of the tax law, as amended by section 1 of  subpart  DD  of
     3  part A of chapter 61 of the laws of 2017, is amended to read as follows:
     4    (13)  the  county of Oneida is hereby further authorized and empowered
     5  to adopt and amend local laws, ordinances or resolutions  imposing  such
     6  taxes  at  a  rate  which  is:  (i)  one percent additional to the three
     7  percent rate authorized above in this paragraph for such county for  the
     8  period beginning September first, nineteen hundred ninety-two and ending
     9  November thirtieth, two thousand [twenty] twenty-three; and also (ii) at
    10  a rate which is three-quarters of one percent or one-half of one percent
    11  additional to the three percent rate authorized above in this paragraph,
    12  and  which  is  also  additional to the one percent rate also authorized
    13  above in this clause for such county, for the period beginning  December
    14  first,  two  thousand  eight and ending November thirtieth, two thousand
    15  [twenty] twenty-three;
    16    § 2. Section 1262-g of the tax law, as amended by section 2 of subpart
    17  DD of part A of chapter 61 of the laws of 2017, is amended  to  read  as
    18  follows:
    19    § 1262-g. Oneida county allocation and distribution of net collections
    20  from  the  additional  one  percent  rate  of sales and compensating use
    21  taxes. Notwithstanding any contrary provision of law, if the  county  of
    22  Oneida  imposes  sales and compensating use taxes at a rate which is one
    23  percent additional to the  three  percent  rate  authorized  by  section
    24  twelve  hundred  ten of this article, as authorized by such section, (a)
    25  where a city in such county imposes tax pursuant  to  the  authority  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15845-01-0

        S. 8073                             2

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