S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7535--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M.  of A. SEPULVEDA, ROBERTS, SCARBOROUGH, ROSA, CRESPO,
  RIVERA, FAHY, MILLMAN,  ABINANTI,  JAFFEE,  ROBINSON,  ORTIZ,  DAVILA,
  PICHARDO,   PEOPLES-STOKES,   KAVANAGH,  CAMARA,  RUSSELL,  GOTTFRIED,
  JACOBS, CLARK, STECK, MOYA,  PERRY,  GOLDFEDER,  ROZIC,  WRIGHT,  KIM,
  RODRIGUEZ,  SOLAGES, AUBRY, FARRELL, TITUS -- Multi-Sponsored by -- M.
  of A. BRENNAN, COOK, MAYER, MOSLEY -- read once and  referred  to  the
  Committee  on  Ways  and Means -- recommitted to the Committee on Ways
  and Means in accordance with Assembly Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  tax law, in relation to authorizing a childhood
  education surcharge on the personal income tax  for  cities  having  a
  population  of  one  million  or  more  persons; and providing for the
  repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  tax law is amended by adding a new section 1304-E to
read as follows:
  S 1304-E. TAX SURCHARGE FOR EARLY CHILDHOOD EDUCATION. (A) IN ADDITION
TO THE TAXES AUTHORIZED BY SUBSECTION (A) OF  SECTION  THIRTEEN  HUNDRED
ONE OF THIS ARTICLE, ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE
PERSONS  THAT  IMPOSES  SUCH TAXES IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY SUCH  CITY  FOR  ALL  TAXABLE
YEARS  BEGINNING  ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, A TAX
SURCHARGE ON THE CITY TAXABLE INCOME  OF  EVERY  CITY  RESIDENT  MARRIED
INDIVIDUALS  FILING  JOINT  RETURNS, RESIDENT MARRIED INDIVIDUALS FILING
SEPARATE RETURNS, RESIDENT SURVIVING SPOUSES, RESIDENT HEADS  OF  HOUSE-
HOLDS,  RESIDENT UNMARRIED INDIVIDUALS, AND RESIDENT ESTATES AND TRUSTS,
AT A RATE OF UP TO:
IF THE CITY TAXABLE INCOME IS:          THE TAX SURCHARGE IS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11195-03-4

              

A. 7535--A                          2

NOT OVER $500,000                       0
OVER $500,000                           4.3 % OF CITY TAXABLE INCOME
  (B)  A CITY IMPOSING A TAX SURCHARGE PURSUANT TO THE AUTHORITY OF THIS
SECTION MAY, BY LOCAL LAW, IMPOSE SUCH SURCHARGE AT A RATE THAT IS  LESS
THAN  THE  PERCENTAGES  SET FORTH IN SUBSECTION (A) OF THIS SECTION, AND
MAY IMPOSE SUCH TAX AT MORE THAN ONE  RATE  DEPENDING  UPON  THE  FILING
STATUS AND CITY TAXABLE INCOME OF SUCH CITY RESIDENT INDIVIDUAL, ESTATE,
OR TRUST.
  (C)  A TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION
SHALL BE ADMINISTERED, COLLECTED, AND DISTRIBUTED BY THE COMMISSIONER IN
THE SAME MANNER AS THE OTHER TAXES IMPOSED PURSUANT TO THE AUTHORITY  OF
THIS  ARTICLE,  AND  ALL  OF  THE  PROVISIONS OF THIS ARTICLE, INCLUDING
SECTION THIRTEEN HUNDRED TEN OF THIS ARTICLE, SHALL  APPLY  TO  THE  TAX
SURCHARGE  AUTHORIZED  BY  THIS  SECTION;  PROVIDED,  HOWEVER,  THAT THE
PROVISIONS OF SECTION THIRTEEN HUNDRED THIRTEEN OF THIS ARTICLE  DIRECT-
ING PAYMENT OF TAXES TO THE NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY
SHALL NOT APPLY TO ANY SUCH SURCHARGE.
  (D)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR OF SECTION THIR-
TEEN HUNDRED THIRTEEN OF THIS ARTICLE TO THE CONTRARY, THE TOTAL REVENUE
FROM THE TAX  SURCHARGE  IMPOSED  PURSUANT  TO  THE  AUTHORITY  OF  THIS
SECTION,  INCLUDING  INTEREST AND PENALTIES, WHICH THE STATE COMPTROLLER
IS REQUIRED TO PAY TO THE CHIEF FISCAL OFFICER OF THE CITY IMPOSING  THE
TAX  SURCHARGE FOR PAYMENT INTO THE TREASURY OF SUCH CITY SHALL BE CRED-
ITED TO THE GENERAL FUND OF SUCH CITY AND SHALL BE  APPLIED  EXCLUSIVELY
TO  OR  IN  AID  OR SUPPORT OF THE EARLY CHILDHOOD EDUCATION PROGRAMS OF
SUCH CITY.
  (E) A LOCAL LAW ENACTED PURSUANT TO THIS SECTION SHALL  BE  APPLICABLE
ONLY  IF  IT  HAS  BEEN  ENACTED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND FOURTEEN.  A CERTIFIED COPY OF SUCH LOCAL LAW SHALL  BE  MAILED
BY  REGISTERED  MAIL  TO  THE  DEPARTMENT AT ITS OFFICE IN ALBANY WITHIN
FIFTEEN DAYS OF ITS ENACTMENT. HOWEVER, THE DEPARTMENT MAY  ALLOW  ADDI-
TIONAL TIME FOR SUCH CERTIFIED COPY TO BE MAILED IF IT DEEMS SUCH ACTION
TO BE CONSISTENT WITH ITS DUTIES UNDER THIS ARTICLE.
  S 2. This act shall take effect immediately and shall apply to all tax
years  commencing  on and after January 1, 2015; provided, however, that
the provisions of this act shall expire and be deemed repealed  December
31, 2019.