Bill S4462-2013

Extends Clinton county's authorization to impose an additional rate of sales and compensating use tax

Extends Clinton county's authorization to impose an additional 1% rate of sales and compensating use tax through November 30, 2015.

Details

Actions

  • Jun 21, 2013: SUBSTITUTED BY A6921
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.865
  • Apr 3, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 30, 2013
Ayes (7): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Hoylman, Squadron
Ayes W/R (1): Zeldin
Excused (1): Diaz

Memo

BILL NUMBER:S4462

TITLE OF BILL: An act to amend the tax law, in relation to authorizing Clinton county to impose an additional rate of sales and compensating use tax

PURPOSE:

To extend Clinton County's authorization to impose an additional rate of sales and compensating use tax until November 31, 2015.

SUMMARY OF PROVISIONS:

Section 1 would amend clause 36 of subparagraph (i) of the opening paragraph of section 1210 of the Tax Law, which authorizes counties and cities to impose sales and use taxes at specified rates, to authorize Clinton County to impose an additional 1% rate of such taxes for the period commencing December 1, 2013, and ending November 30, 2015.

Section 2 would amend Tax Law section 1224(cc), which provides that Clinton County has the sole right to impose the additional 1% rate of tax, and that such additional rate is not subject to preemption, to provide that net collections from the additional 1% rate of tax shall be used by the county solely for county purposes and shall not be subject to any revenue distribution agreement under Tax Law section 1262(c).

Section 3 provides that the bill would take effect immediately.

EXISTING LAW:

Currently Clinton county is authorized to charge an additional 1% sales tax and compensating use tax until November 30, 2013.

JUSTIFICATION:

Clinton County has requested an authorization from the legislature to impose an additional one percent sales and compensating use tax above the standard three percent rate for the period beginning December 1, 2013, and ending November 30, 2015. Revenues from the additional tax will assist Clinton County in providing essential services, while maintaining a balanced budget.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State

LOCAL FISCAL IMPLICATIONS:

Approximately $12 million to Clinton County.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4462 2013-2014 Regular Sessions IN SENATE April 3, 2013 ___________
Introduced by Sen. LITTLE -- 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 Clinton county to impose an additional rate of sales and compensating use tax THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clause 36 of subparagraph (i) of the opening paragraph of section 1210 of the tax law, as amended by chapter 256 of the laws of 2011, is amended to read as follows: (36) the county of Clinton is hereby further authorized and empowered to adopt and amend local laws, ordinances or resolutions imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning December first, two thousand seven, and ending November thir- tieth, two thousand [thirteen] FIFTEEN; S 2. Subdivision (cc) of section 1224 of the tax law, as amended by chapter 256 of the laws of 2011, is amended to read as follows: (cc) The county of Clinton shall have the sole right to impose the additional one percent rate of tax which such county is authorized to impose pursuant to the authority of section twelve hundred ten of this article. Such additional rate of tax shall be in addition to any other tax which such county may impose or may be imposing pursuant to this article or any other law and such additional rate of tax shall not be subject to preemption. The maximum three percent rate referred to in this section shall be calculated without reference to the additional one percent rate of tax which the county of Clinton is authorized and empowered to adopt pursuant to section twelve hundred ten of this arti- cle. Net collections from any additional rate of sales and compensating use taxes which the county may impose during the period commencing December first, two thousand eleven, and ending November thirtieth, two
thousand [thirteen] FIFTEEN, pursuant to the authority of section twelve hundred ten of this article shall be used by the county solely for coun- ty purposes and shall not be subject to any revenue distribution agree- ment entered into pursuant to the authority of subdivision (c) of section twelve hundred sixty-two of this article. S 3. This act shall take effect immediately.

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