Authorizes certain counties, cities and school districts to impose up to a four percent rate of sales and compensating use taxes; preserves the authority of certain counties and a city to impose such taxes at rates in excess of four percent.
Sponsor: MARCELLINO
Committee: RULES
Law Section: Tax Law
Law: Rpld S1210 open S, sub (a) S 3 subS (iii), sub (b) S 3 subS (iii), S1210-E, S1224 subs (d) - (r), (t) - (gg), amd Tax L, generally
Law Section: Tax Law
Law: Rpld S1210 open S, sub (a) S 3 subS (iii), sub (b) S 3 subS (iii), S1210-E, S1224 subs (d) - (r), (t) - (gg), amd Tax L, generally
S5629B-2011 Actions
- Jun 21, 2012: COMMITTED TO RULES
- May 30, 2012: ADVANCED TO THIRD READING
- May 23, 2012: 2ND REPORT CAL.
- May 22, 2012: 1ST REPORT CAL.855
- May 4, 2012: PRINT NUMBER 5629B
- May 4, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
- Apr 13, 2012: PRINT NUMBER 5629A
- Apr 13, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
- Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
- Jun 7, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
S5629B-2011 Meetings
Investigations and Government Operations: May 15, 2012, Investigations and Government Operations: May 22, 2012S5629B-2011 Calendars
Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012S5629B-2011 Votes
VOTE: COMMITTEE VOTE:
- Investigations and Government Operations
- May 22, 2012
Ayes (7): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Squadron, Diaz
Ayes W/R (1): Peralta
S5629B-2011 Memo
BILL NUMBER:S5629B TITLE OF BILL: An act to amend the tax law, in relation to authorizing certain counties, cities and school districts to impose up to a four percent rate of sales and compensating use taxes pursuant to the authority of article 29 of such law and to preserve the authority of certain counties and a city to impose such taxes at rates in excess of four percent; and to repeal certain provisions of such law relating thereto PURPOSE: To permanently authorize counties, cities, and school districts to impose sales and compensating use taxes at rates up to 4% and to preserve the current authority of five counties and one city to impose such taxes at rates in excess of 4%. SUMMARY OF PROVISIONS: Bill section 1 would repeal the opening paragraph of section 1210 of the Article 29 of the Tax Law, which currently authorizes counties, cities, and school districts to impose up to a 3% rate of tax, and also authorizes more than 50 counties and 5 cities to impose additional rates of tax in excess of 3%. These additional rate authorities are for two year periods, currently expiring November 30, 2011, except that one expires at the end of August, 2011, another expires at the end of December, 2011, and another is for one year and expires at the end of November 30, 2010, and except that New York City has permanent authority to impose tax at the rate of 4.5%. Section 1 would also add a new opening paragraph to authorize every county and city to impose tax at a rate of up to 4%. Under the new paragraph, a county or city could impose tax at a rate from three to four percent, in quarter percent increments. Rockland County's current additional 5/3% and 3/8% rates, totaling 1%, would not be continued as separate rates expressed in eighths, Rather, Rockland would have authority under the bill to impose the same 1% rate in excess of 3%, in 1/4% increments, that other counties would have under the bill. The special, separate distribution provisions for Rockland's current rates would be preserved, however, in Tax Law section 1262-1, as amended by bill section 25. Likewise, the current authority for Ontario County's separate 1/3% and 3/8% additional rates, for a total of 1/2%, would not be retained, since Ontario also would have authority under the bill to impose the same 1% rate in excess of 3%, in 1/4% increments, that other counties would have under the bill. However, the special revenue disposition provisions applicable to Ontario's existing 1/8% and 3/8% rates would likewise be preserved in Tax Law section 1262-r, amended by bill section 33, and in new Tax Law section 1262-w, added by bill section 35. Bill section 4-a would add a new subdivision (k) to section 1210 of the Tax Law to preserve the current authority for the five counties that have rates in excess of 4% to continue to impose those rates through November 30, 2011, the end date of the current authorization period. Subdivision (k) would also preserve New York City's authority for its one-half percent rate in excess of 4% with no time limitation. Generally, the remainder of the bill would conform other sections of Article 29 of the Tax Law to reflect the new 4% general rate authority, including deleting obsolete language. Tax Law section 121 I would be amended to allow a city of less than 125,000 to impose general sales and use taxes at the request of its school district, at a rate up to 4%. Tax Law section 1212 would be amended to allow a school district to impose the section 1105(b) consumer utility taxes at a rate up to 4%. The maximum rates of tax authorized by section 1210, 1211 and 1212 have always been the same - 3% currently, and 4% under this bill. Bill section 3-a would preserve unconsolidated provisions in Chapter 468 of the Laws of 2007 and Chapter 174 of the Laws of 2009 that Chautauqua County cannot impose its additional rate of tax in excess of 3% unless it fully exempts residential energy sources and services from its sales and use taxes. Tax Law sections 1210-D and 1210-E, which authorize a 3/4% rate in excess of 4% for Erie County and a 1/4% rate in excess of 4% for Herkimer county, would be repealed, since bill section 4-a would add new Tax Law section 1210(k) to authorize those counties to impose those rates in excess of 4%, in 1/4% increments. Portions of section 1210-D relating to distribution of revenues from Erie county's additional 3/4% rate in excess of 4% would be preserved in new Tax Law section 1262-t, to be added by bill section 35. The preemption rules in Tax Law section 1224 that establish the rights of a county and a city in the county each to 50% of the current combined maximum 3% rate they are authorized to impose in the city would generally be continued with respect to the new maximum 4% rate. See bill section 13, amending Tax Law section 1224(a), (b), and (c), and bill section 15, adding Tax Law section 1224(d), which re-codifies current section 1224(k). However, the bill would preserve the existing rights of counties and cities that currently have the sole right to impose an additional rate in excess of 3% to the exclusion of the other, to the extent of the county's or city's current rate in excess of 3%. Thus, if county A has a current right to impose an additional 1/4% rate above 3% and that rate is not subject to preemption by any city in the county, a city in the county could preempt that county only as to one-half of the 3/4% difference between 3 1/4% and 4%. This would mean that the city could preempt and have a 1 7/8% rate (50% of 3% plus 50% of 1/4%), even though a county or city cannot directly impose tax in 1/8% increments. Because the bill would eliminate any county or city rate imposed in eighth percent increments, it would eliminate the possibility of a county or city preempting and having an effective rate expressed in sixteenths; thus also eliminating the possibility that merchants in the county would have to deal with more difficult tax calculations for them and for consumers. More than 40 subdivisions of Tax Law section 1224 each provide that a county or city has the sole right to impose an additional rate that is not subject to preemption. The bill would repeal those subdivisions and replace them with new section 1224(e), which would set out the respective counties and cities and would preserve their current rights to current additional rates. New section 1224(t) would likewise preserve the sole right of five counties to impose their existing rates in excess of 4%. (A sixth county, Suffolk, also imposes a 1/4% rate in excess of 4%, but pursuant to the authority of section 1210-A, which provides that the 1/4% rate does not expire until the year 2030 and has its own non-preemption provision for that rate.) The current rule in Tax Law section 1223(a) that certain cities in the counties of Cayuga, Cortland, Fulton, Madison, and Otsego can preempt the county's additional rate would be preserved in new section I 224(g), added by bill section 15. Bill sections 18 through 34 make conforming amendments to preserve county distribution provisions applicable to existing rates of tax in excess of 3% or 4%. Bill section 35 would add twelve new Tax Law sections. Sections 1262-t, 1262-u, and 1262-v would preserve current consolidated law revenue dispositions applicable to Erie, Oneida, and Herkimer counties. New Section 1262-w would preserve the disposition of a portion of Ontario's current 1/8% and 3/8% rates in excess of 3%. Sections 1262-x through 1262-ee would codify unconsolidated distribution provisions in chapters of the laws of 2009 for the following counties: 1262-x, Albany; 1262-y, Clinton; 1262-z, Columbia; 1262-aa, Genesee; 1262-bb, Monroe; 1262-cc, Onondaga; 1262-dd, Orange; and 1262-ee, Ulster. These special provisions from the 2009 chapters generally apply only through November 30, 2011. Those sections with 201 I expirations would have to be extended in order to make them applicable after that date. Those sections with no express expiration should be reviewed if the rates they relate to are continued to see whether their special conditions should continue to apply in the future. There are 57 counties outside New York City that impose general sales and use taxes pursuant to the authority of Tax Law section 1210(a)(1). Everyone of them imposes general sales and use taxes at the current "maximum authorized" rate of 3%. In addition, more than 50 of those counties impose additional rates, ranging from 1/8% to 1 1/2%. Some 25 cities impose general sales and use taxes pursuant to section 1210(21)(1); five of them are authorized to impose additional rates. The 1% additional rates for the cities of Mount Vernon and Yonkers are not subject to expiration. New York City imposes general sales and use taxes at the rate of 4 1/2%, also without expiration and not subject to preemption by the five counties in New York City, which are not authorized to impose sales and use taxes. All but three of the additional county and city rates that are subject to expiration expire on November 30, 2011. Erie County's additional 1% rate expires November 30,2010, but is expected to be renewed for another two years. White Plains' additional 3/4% rate expires August 31, 2011, New Rochelle's additional 1% rate expires December 31, 2011. All of these additional rates have typically been renewed for two years at a time. No school districts have authority to impose additional rates in excess of 3%. JUSTIFICATION: As more and more localities have been authorized over the years to impose additional rates of sales and use taxes, the requirement to have their authority renewed every other year has placed an extraordinary administrative burden on them incurring additional time and expense by staff. This bill would provide local mandate relief by easing or eliminating this burden. The biennial renewal bills also burden the State Legislature every other year in the same way. Drafting and renewing the State enabling legislation for this ever-expanding population of counties and cities, and then preparing model enactments for them to impose or extend the additional rates, have also tied up the Tax Department's resources. Often, a county or city seeks to rush a bill through the Legislature to meet a local fiscal emergency. These bills often get passed without sufficient time for the Tax Department to notify vendors and other persons required to collect taxes. Those businesses then do not have sufficient time to adjust their cash registers and take other steps necessary to collect the correct amount of tax on the effective date of the new rate, putting them at risk and threatening the locality's revenues until the businesses can come into compliance. By authorizing counties and cities each to impose at a raw up to 4%, the 52 counties and 5 cities that need the biannual renewals will be reduced to just the 5 counties that currently have rates in excess of 4%. This will alleviate the workload for those laboring in the counties, cities, New York State Legislature and New York State Tax Department. This authorization will also enhance flexibility for counties and cities to elect rates up to 4% to secure needed revenues as local requirements dictate, without the need for special state legislation. It will furthermore allow counties and cities to reduce rates when conditions allow, while still providing the opportunity for an increase if necessary. This legislation benefits all stakeholders. it streamlines and optimizes state and local government operations. It also helps to minimize compliance problems for businesses required to collect sales and use taxes because there will be no need for state enabling legislation allowing cities and counties boards to adopt local enactments increasing their tax rates up to and including 4%. Moreover, businesses required to collect taxes will have notification of rate change in a timely fashion, improving operations. LEGISLATIVE HISTORY: Similar to A.10418 and S.6648A of 2009/2010 FISCAL IMPLICATIONS: Minimal Savings. EFFECTIVE DATE: This bill would take effect December 1, 2012, and apply in accordance with the applicable transitional provisions in Tax Law sections 1106 and 1217, provided that a county, city or school district would be authorized immediately after the bill is enacted to adopt or amend local laws, ordinances or resolutions to impose sales and use taxes at a rate in excess of 3% pursuant to the authority of the bill to take effect December 1, 2012, or thereafter subject to the provisions of subdivisions (d) and (e) of section 1210, 1211, or 1212-A or subdivisions (e) and (f) of section 1212 of the tax law.
S5629B-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
5629--B
2011-2012 Regular Sessions
I N SENATE
June 7, 2011
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations -- recommitted to the Committee on Investi-
gations and Government Operations in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the tax law, in relation to authorizing certain coun-
ties, cities and school districts to impose up to a four percent rate
of sales and compensating use taxes pursuant to the authority of arti-
cle 29 of such law and to preserve the authority of certain counties
and a city to impose such taxes at rates in excess of four percent;
and to repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 1210 of the tax law is
REPEALED and a new opening paragraph is added to read as follows:
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BUT
SUBJECT TO THE LIMITATIONS AND EXEMPTIONS IN PART II OF THIS ARTICLE,
ANY CITY IN THIS STATE OR COUNTY IN THIS STATE, EXCEPT A COUNTY WHOLLY
WITHIN A CITY, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS, ORDINANCES OR
RESOLUTIONS IMPOSING IN SUCH CITY OR COUNTY THE TAXES DESCRIBED IN
EITHER SUBDIVISION (A) OR (B) OF THIS SECTION, BUT NOT BOTH, AT THE RATE
OF ONE-HALF, ONE, ONE AND ONE-HALF, TWO, TWO AND ONE-HALF, THREE, THREE
AND ONE-QUARTER, THREE AND ONE-HALF, THREE AND THREE-QUARTERS OR FOUR
PERCENT, AND, IF THE CITY OR COUNTY IMPOSES THE TAXES DESCRIBED IN
SUBDIVISION (A) OF THIS SECTION AT THE RATE OF FOUR PERCENT, ALSO AT THE
ADDITIONAL RATE AUTHORIZED IN SUBDIVISION (K) OF THIS SECTION. ANY TAX
IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL BE ADMINISTERED,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09511-04-2
S. 5629--B 2
COLLECTED AND DISTRIBUTED BY THE COMMISSIONER AS PROVIDED IN SUBPART B
OF PART III AND IN PART IV OF THIS ARTICLE.
S 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as
amended by section 3 of part GG of chapter 57 of the laws of 2010, is
amended to read as follows:
(1) Either, all of the taxes described in [article twenty-eight]
SECTIONS ELEVEN HUNDRED FIVE AND ELEVEN HUNDRED TEN of this chapter, at
the same uniform rate, as to which taxes all provisions of the local
laws, ordinances or resolutions imposing such taxes shall be identical,
except as to rate and except as otherwise provided, with the correspond-
ing provisions in [such] article twenty-eight OF THIS CHAPTER, including
the definition and exemption provisions of such article, so far as the
provisions of such article twenty-eight can be made applicable to the
taxes imposed by such city or county and with such limitations and
special provisions as are set forth in this article. The taxes author-
ized under this subdivision may not be imposed by a city or county
unless the local law, ordinance or resolution imposes such taxes so as
to include all portions and all types of receipts, charges or rents,
subject to state tax under sections eleven hundred five and eleven
hundred ten of this chapter, except as otherwise provided. (i) Any local
law, ordinance or resolution enacted by any city of less than one
million or by any county or school district, imposing the taxes author-
ized by this subdivision, shall, notwithstanding any provision of law to
the contrary, exclude from the operation of such local taxes all sales
of tangible personal property for use or consumption directly and
predominantly in the production of tangible personal property, gas,
electricity, refrigeration or steam, for sale, by manufacturing, proc-
essing, generating, assembly, refining, mining or extracting; and all
sales of tangible personal property for use or consumption predominantly
either in the production of tangible personal property, for sale, by
farming or in a commercial horse boarding operation, or in both; and,
unless such city, county or school district elects otherwise, shall omit
the provision for credit or refund contained in clause six of subdivi-
sion (a) or subdivision (d) of section eleven hundred nineteen of this
chapter. (ii) Any local law, ordinance or resolution enacted by any
city, county or school district, imposing the taxes authorized by this
subdivision, shall omit the residential solar energy systems equipment
exemption provided for in subdivision (ee) and the clothing and footwear
exemption provided for in paragraph thirty of subdivision (a) of section
eleven hundred fifteen of this chapter, unless such city, county or
school district elects otherwise as to either such residential solar
energy systems equipment exemption or such clothing and footwear
exemption.
S 3. Subparagraph (iii) of paragraph 3 of subdivision (a) of section
1210 of the tax law is REPEALED and subparagraph (iv) of paragraph 3 of
subdivision (a) of section 1210 of the tax law, as added by chapter 933
of the laws of 1985, is amended to read as follows:
[(iv)] (III) Notwithstanding any other provision of law, [the one
percent additional tax which] Cattaraugus county [is authorized to adopt
pursuant to the opening paragraph of this section] shall not [be
imposed] IMPOSE TAX on the retail sale or use of the energy sources and
services described in subparagraph (i) of this paragraph AT A RATE
GREATER THAN THREE PERCENT.
S 4. Paragraph 3 of subdivision (a) of section 1210 of the tax law is
amended by adding a new subparagraph (iv) to read as follows:
S. 5629--B 3
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CHAUTAUQUA COUNTY
SHALL NOT IMPOSE TAXES PURSUANT TO THE AUTHORITY OF THIS SUBDIVISION AT
A RATE IN EXCESS OF THREE PERCENT UNLESS THE COUNTY EXEMPTS RESIDENTIAL
ENERGY SOURCES AND SERVICES FROM ANY SUCH TAXES PURSUANT TO SUBPARAGRAPH
(I) OF THIS PARAGRAPH.
S 5. Subparagraph (iii) of paragraph 3 of subdivision (b) of section
1210 of the tax law is REPEALED.
S 6. Section 1210 of the tax law is amended by adding a new subdivi-
sion (k) to read as follows:
(K) (1) EACH OF THE FOLLOWING COUNTIES THAT IMPOSES THE TAXES
DESCRIBED IN SUBDIVISION (A) OF THIS SECTION AT THE RATE OF FOUR PERCENT
IS HEREBY FURTHER AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL
LAWS, ORDINANCES OR RESOLUTIONS IMPOSING SUCH TAXES AT UP TO THE FOLLOW-
ING ADDITIONAL RATE IN EXCESS OF FOUR PERCENT, IN ONE-QUARTER PERCENT
INCREMENTS, FOR THE PERIOD BEGINNING DECEMBER FIRST, TWO THOUSAND TEN,
AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND TWELVE:
(I) ONE-QUARTER OF ONE PERCENT - HERKIMER, NASSAU.
(II) ONE-HALF OF ONE PERCENT - ALLEGANY.
(III) THREE-QUARTERS OF ONE PERCENT - ERIE, ONEIDA.
(IV) ONE PERCENT - NONE.
(2) EACH OF THE FOLLOWING CITIES THAT IMPOSES THE TAXES DESCRIBED IN
SUBDIVISION (A) OF THIS SECTION AT THE RATE OF FOUR PERCENT IS HEREBY
FURTHER AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS, ORDI-
NANCES OR RESOLUTIONS IMPOSING SUCH TAXES, AT UP TO THE FOLLOWING ADDI-
TIONAL RATE IN EXCESS OF FOUR PERCENT, IN ONE-QUARTER PERCENT INCRE-
MENTS:
(I) ONE-QUARTER OF ONE PERCENT - NONE.
(II) ONE-HALF OF ONE PERCENT - NEW YORK CITY.
(III) THREE-QUARTERS OF ONE PERCENT - NONE.
(IV) ONE PERCENT - NONE.
S 7. Section 1210-A of the tax law is amended by adding a new subdivi-
sion (e) to read as follows:
(E) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS ARTICLE, THE
ONE-QUARTER PERCENT RATE OF TAX AUTHORIZED BY THIS SECTION SHALL NOT
AFFECT OR BE AFFECTED BY THE RATE OF TAX THE COUNTY OF SUFFOLK IMPOSES
OR IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
S 8. Section 1210-B of the tax law is amended by adding a new subdivi-
sion (d) to read as follows:
(D) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS ARTICLE, THE
ONE-QUARTER PERCENT RATE OF TAX AUTHORIZED BY THIS SECTION SHALL NOT
AFFECT OR BE AFFECTED BY THE RATE OF TAX THE COUNTY OF SUFFOLK IMPOSES
OR IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
S 9. Section 1210-C of the tax law is amended by adding a new subdivi-
sion (e) to read as follows:
(E) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS ARTICLE, THE
ONE-HALF PERCENT RATE OF TAX AUTHORIZED BY THIS SECTION SHALL NOT AFFECT
OR BE AFFECTED BY THE RATE OF TAX THE COUNTY OF SCHENECTADY IMPOSES OR
IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
S 10. Section 1210-E of the tax law is REPEALED.
S 11. Subdivision (a) of section 1211 of the tax law, as amended by
chapter 300 of the laws of 1968, is amended to read as follows:
(a) On request by a majority vote of the whole number of the school
authorities of the school district or districts which are coterminous
with, partly within or wholly within a city having a population of less
than one hundred twenty-five thousand, such city is hereby authorized
and empowered to adopt and amend local laws imposing for school district
S. 5629--B 4
purposes the taxes authorized under section twelve hundred ten OF THIS
SUBPART, at the rate of one-half, one, one and one-half, two, two and
one-half [or], three, THREE AND ONE-QUARTER, THREE AND ONE-HALF, THREE
AND THREE-QUARTERS OR FOUR percent which rate shall be uniform for all
taxes imposed pursuant to the authority of this section; provided,
however, where a city imposes a tax under the authority of both
[sections] SECTION twelve hundred ten OF THIS SUBPART and [twelve
hundred eleven] THIS SECTION, the aggregate rate of the taxes imposed
pursuant to both sections cannot exceed [three] FOUR percent.
S 12. Subdivision (a) of section 1212 of the tax law, as amended by
section 40 of part S-1 of chapter 57 of the laws of 2009, is amended to
read as follows:
(a) Any school district which is coterminous with, partly within or
wholly within a city having a population of less than one hundred twen-
ty-five thousand, is hereby authorized and empowered, by majority vote
of the whole number of its school authorities, to impose for school
district purposes, within the territorial limits of such school district
and without discrimination between residents and nonresidents thereof,
the taxes described in subdivision (b) of section eleven hundred five OF
THIS CHAPTER (but excluding the tax on prepaid telephone calling
services) and the taxes described in clauses (E) and (H) of subdivision
(a) of section eleven hundred ten OF THIS CHAPTER, including the transi-
tional provisions in subdivision (b) of section eleven hundred six of
this chapter, so far as such provisions can be made applicable to the
taxes imposed by such school district and with such limitations and
special provisions as are set forth in this article, such taxes to be
imposed at the rate of one-half, one, one and one-half, two, two and
one-half [or], three, THREE AND ONE-QUARTER, THREE AND ONE-HALF, THREE
AND THREE-QUARTERS OR FOUR percent which rate shall be uniform for all
portions and all types of receipts and uses subject to such taxes. In
respect to such taxes, all provisions of the resolution imposing them,
except as to rate and except as otherwise provided herein, shall be
identical with the corresponding provisions in [such] article twenty-
eight of this chapter, including the applicable definition and exemption
provisions of such article, so far as the provisions of such article
twenty-eight of this chapter can be made applicable to the taxes imposed
by such school district and with such limitations and special provisions
as are set forth in this article. The taxes described in subdivision (b)
of section eleven hundred five OF THIS CHAPTER (but excluding the tax on
prepaid telephone calling service) and clauses (E) and (H) of subdivi-
sion (a) of section eleven hundred ten OF THIS CHAPTER, including the
transitional provision in subdivision (b) of [such] section eleven
hundred six of this chapter, may not be imposed by such school district
unless the resolution imposes such taxes so as to include all portions
and all types of receipts and uses subject to tax under such subdivision
(but excluding the tax on prepaid telephone calling service) and claus-
es. Provided, however, that, where a school district imposes such
taxes, such taxes shall omit the provision for refund or credit
contained in subdivision (d) of section eleven hundred nineteen of this
chapter with respect to such taxes described in [such] subdivision (b)
of section eleven hundred five OF THIS CHAPTER unless such school
district elects to provide such provision or, if so elected, to repeal
such provision.
S 13. Subdivisions (a) and (b) of section 1223 of the tax law, subdi-
vision (a) as amended by chapter 74 of the laws of 2010 and subdivision
S. 5629--B 5
(b) as separately amended by chapters 4, 8 and 9 of the laws of 2003,
are amended to read as follows:
(a) (1) No transaction taxable under sections twelve hundred two
through twelve hundred four of this article shall be taxed pursuant to
this article by any county or by any city located therein, or by both,
at an aggregate rate in excess of the highest rate set forth in the
applicable subdivision of section twelve hundred one of this article
[or, in the case of any taxes imposed].
(2) NO TRANSACTION TAXABLE pursuant to the authority of section twelve
hundred ten or twelve hundred eleven of this article [(other than taxes
imposed by the county of Nassau, Erie, Steuben, Cattaraugus, Suffolk,
Oneida, Genesee, Greene, Franklin, Herkimer, Tioga, Orleans, Allegany,
Ulster, Albany, Rensselaer, Tompkins, Wyoming, Columbia, Schuyler, Rock-
land, Chenango, Monroe, Chemung, Seneca, Sullivan, Wayne, Livingston,
Schenectady, Montgomery, Delaware, Clinton, Niagara, Yates, Lewis,
Essex, Dutchess, Schoharie, Putnam, Chautauqua, Orange, Oswego, Ontario,
Jefferson or Onondaga and by the county of Cortland and the city of
Cortland and by the county of Broome and the city of Binghamton and by
the county of Cayuga and the city of Auburn and by the county of Otsego
and the city of Oneonta and by the county of Madison and the city of
Oneida and by the county of Fulton and the city of Gloversville or the
city of Johnstown as provided in section twelve hundred ten of this
article) at a rate in excess of three percent, except that, in the city
of Yonkers, in the city of Mount Vernon, in the city of New Rochelle, in
the city of Fulton and in the city of Oswego, the rate may not be in
excess of four percent and in the city of White Plains, the rate may not
be in excess of four percent and except that in the city of Poughkeepsie
in the county of Dutchess, if such county withdraws from the metropol-
itan commuter transportation district pursuant to section twelve hundred
seventy-nine-b of the public authorities law and if the revenues from a
three-eighths percent rate of such tax imposed by such county, pursuant
to the authority of section twelve hundred ten of this article, are
required by local laws, ordinances or resolutions to be set aside for
mass transportation purposes, the rate may not be in excess of three and
three-eighths percent] SHALL BE TAXED PURSUANT TO SUCH SECTIONS BY ANY
COUNTY OR BY ANY CITY LOCATED THEREIN, OR BY BOTH, AT AN AGGREGATE RATE
IN EXCESS OF FOUR PERCENT, OTHER THAN TAXES IMPOSED BY A COUNTY OR BY A
CITY AS PROVIDED, RESPECTIVELY, IN SUBDIVISION (K) OF SECTION TWELVE
HUNDRED TEN OF THIS ARTICLE.
(b) If a transaction is taxed by both a county and a city PURSUANT TO
THE AUTHORITY OF SECTION TWELVE HUNDRED TWO, TWELVE HUNDRED THREE OR
TWELVE HUNDRED FOUR OF THIS ARTICLE, OR PURSUANT TO THE AUTHORITY OF
SECTION TWELVE HUNDRED TEN OR TWELVE HUNDRED ELEVEN OF THIS ARTICLE, the
rate of tax on such transaction imposed by the county or city, not
having prior right thereto pursuant to section twelve hundred twenty-
four OF THIS ARTICLE, shall be deemed to be reduced (or the entire tax
eliminated, if necessary) to the extent necessary to comply with the
[foregoing] requirement OF PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF
THIS SECTION.
(C) A tax imposed by a county upon any transaction, to the extent that
it would require a reduction in any tax rate imposed thereon by a city,
shall not become effective in respect to any transaction taxed by such
city (or in respect of other similar transactions outside of the city
which, if occurring in such city, would be subject to such city tax)
before the commencement of the city's next succeeding fiscal year and
then only if the county shall have given notice to such city of its
S. 5629--B 6
imposition of a tax on such transaction at least six months prior to the
commencement of such fiscal year, provided however that the local legis-
lative body of such city may waive the requirement of such notice and
the postponement of the effective date of such tax. A city tax upon any
transaction, to the extent that it would require a reduction in any tax
rate imposed by a county thereon, shall not become effective in respect
of any transaction taxed by such county before the commencement of the
county's next succeeding fiscal year and then only if the city shall
have given notice to such county of its imposition of a tax on such
transaction at least six months prior to the commencement of such fiscal
year, provided, however, that the local legislative body of such county
may waive the requirement of such notice and postponement of the effec-
tive date of such tax. However, whether or not the six months' notice
requirement provided in this section has been waived, a tax imposed
pursuant to the authority of section twelve hundred ten or twelve
hundred eleven OF THIS ARTICLE shall still be subject to the require-
ments provided for in the first three sentences of subdivision (d) of
such sections and in subdivision (e) of such sections.
S 14. Subdivisions (a), (b) and (c) of section 1224 of the tax law, as
amended by chapter 426 of the laws of 1968, paragraph 2 of subdivision
(a) and paragraph 2 of subdivision (b) as amended by chapter 506 of the
laws of 1976, paragraph 1 of subdivision (b) as amended by section 40 of
part Y of chapter 63 of the laws of 2000, are amended to read as
follows:
(a) Where a county contains one or more cities of less than one
million, such county shall have prior right to impose:
(1) any or all of the taxes described in subdivisions (c), (d) and (e)
of section twelve hundred one OF THIS ARTICLE, as authorized by section
twelve hundred two OF THIS ARTICLE.
(2) all of the taxes described in article twenty-eight OF THIS CHAPTER
as authorized by subdivision (a) of section twelve hundred ten OF THIS
ARTICLE, to the extent of one-half the maximum rates authorized under
such subdivision, except as otherwise provided in this section.
(b) Each city in such a county shall have prior right to impose:
(1) any or all of the taxes described in subdivisions (b), (d), (e)
and (f) of section eleven hundred five OF THIS CHAPTER, and, where the
tax described in subdivision (b) of section eleven hundred five OF THIS
CHAPTER is imposed, all of the taxes described in clauses (E), (G) and
(H) of subdivision (a) of section eleven hundred ten of this chapter, as
authorized by subdivision (b) of section twelve hundred ten of this
article.
(2) all of the taxes described in article twenty-eight OF THIS CHAPTER
as authorized by subdivision (a) of section twelve hundred ten OF THIS
ARTICLE, or by section twelve hundred eleven OF THIS ARTICLE, to the
extent of one-half the maximum aggregate rates authorized under such
subdivision (a) and such section twelve hundred eleven, except as other-
wise provided in this section.
(c) [However] EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, where a
county containing a city with a population of one hundred twenty-five
thousand or more imposes all of the taxes described in article twenty-
eight OF THIS CHAPTER as authorized by subdivision (a) of section twelve
hundred ten OF THIS ARTICLE (1) for county purposes and (2) for educa-
tional purposes or for allocation and distribution to cities and the
area outside cities, in accordance with section twelve hundred sixty-two
OF THIS ARTICLE, the county shall have the prior right to impose such
taxes for county purposes at A RATE not to exceed [one-third of the
S. 5629--B 7
maximum rate authorized under subdivision (a) of section twelve hundred
ten] ONE PERCENT and prior right to impose such taxes for educational
purposes or for such allocation and distribution, or both, at A RATE not
to exceed [one-third of such maximum rate] ONE PERCENT. In such event,
a city in the county shall have prior right to impose such taxes at A
RATE not to exceed [one-third of such maximum rate] ONE PERCENT. TO THE
EXTENT THAT SUCH A COUNTY IMPOSES TAX AT THE RATE OF FOUR PERCENT OR
LESS, AND SUBDIVISION (E) OF THIS SECTION DOES NOT EXTEND TO THAT COUNTY
THE SOLE RIGHT TO IMPOSE A RATE OF TAX IN EXCESS OF THREE PERCENT, THE
COUNTY AND ANY CITY IN THAT COUNTY SHALL HAVE THE RESPECTIVE RIGHTS
PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (A) OR IN SUBDIVISION (B) OF
THIS SECTION WITH RESPECT TO THE RATE OF TAX IN EXCESS OF THREE PERCENT,
BUT NOT IN EXCESS OF FOUR PERCENT, NOT IMPOSED BY THAT COUNTY.
S 15. Subdivisions (d), (e), (f), (g), (h), (i), (j), (k), (l), (m),
(n), (o), (p), (q), (r), (t), (u), (v), (w), (x), (y), (z), (z-1), (aa),
(bb), (cc), (dd), (ee), (ff) and (gg) of section 1224 of the tax law are
REPEALED.
S 16. Section 1224 of the tax law is amended by adding four new subdi-
visions (d), (e), (f) and (g) to read as follows:
(D) FOR PURPOSES OF THIS SECTION, THE TERM "PRIOR RIGHT" SHALL MEAN
THE PREFERENTIAL RIGHT TO IMPOSE ANY TAX DESCRIBED IN SECTIONS TWELVE
HUNDRED TWO AND TWELVE HUNDRED THREE, OR TWELVE HUNDRED TEN AND TWELVE
HUNDRED ELEVEN, OF THIS ARTICLE AND THEREBY TO PREEMPT SUCH TAX AND TO
PRECLUDE ANOTHER MUNICIPAL CORPORATION FROM IMPOSING OR CONTINUING THE
IMPOSITION OF SUCH TAX TO THE EXTENT THAT SUCH RIGHT IS EXERCISED.
HOWEVER, THE RIGHT OF PREEMPTION SHALL ONLY APPLY WITHIN THE TERRITORIAL
LIMITS OF THE TAXING JURISDICTION HAVING THE RIGHT OF PREEMPTION.
(E) EACH OF THE FOLLOWING COUNTIES AND CITIES SHALL HAVE THE SOLE
RIGHT TO IMPOSE THE FOLLOWING RATE OF SALES AND COMPENSATING USE TAXES
IN EXCESS OF THREE PERCENT, BUT NOT IN EXCESS OF FOUR PERCENT, THAT SUCH
COUNTY OR CITY IS AUTHORIZED TO IMPOSE PURSUANT TO THE AUTHORITY OF
SUBDIVISION (A) OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE. SUCH
ADDITIONAL RATE OF TAX IN EXCESS OF THREE PERCENT SHALL NOT BE SUBJECT
TO PREEMPTION. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A COUNTY OR A
CITY IN THAT COUNTY FROM IMPOSING A RATE OF TAX PURSUANT TO THE AUTHORI-
TY OF SUBDIVISION (A) OR (B) OF SECTION TWELVE HUNDRED TEN OF THIS ARTI-
CLE IN EXCESS OF THREE PERCENT TO THE EXTENT THAT THIS SUBDIVISION DOES
NOT RESERVE A RATE IN EXCESS OF THREE PERCENT TO THE COUNTY OR CITY.
(1) COUNTIES:
(A) ONE-QUARTER OF ONE PERCENT - NONE.
(B) ONE-HALF OF ONE PERCENT - CHAUTAUQUA, ONTARIO, SCHENECTADY.
(C) THREE-QUARTERS OF ONE PERCENT - DUTCHESS, ESSEX, JEFFERSON, LEWIS,
ORANGE.
(D) ONE PERCENT - ALBANY, ALLEGANY, BROOME, CATTARAUGUS, CHEMUNG,
CHENANGO, CLINTON, COLUMBIA, DELAWARE, ERIE, FRANKLIN, GENESEE, GREENE,
HERKIMER, LIVINGSTON, MONROE, MONTGOMERY, NASSAU, NIAGARA, ONEIDA, ONON-
DAGA, ORLEANS, PUTNAM, RENSSELAER, ROCKLAND, SCHOHARIE, SCHUYLER, SENE-
CA, STEUBEN, SUFFOLK, SULLIVAN, TIOGA, TOMPKINS, ULSTER, WAYNE, WYOMING,
YATES.
(2) CITIES:
(A) ONE-QUARTER OF ONE PERCENT - NONE.
(B) ONE-HALF OF ONE PERCENT - NONE.
(C) THREE-QUARTERS OF ONE PERCENT - WHITE PLAINS.
(D) ONE PERCENT - MOUNT VERNON, NEW ROCHELLE, YONKERS.
(F) EACH OF THE FOLLOWING COUNTIES AND CITIES SHALL HAVE THE SOLE
RIGHT TO IMPOSE THE FOLLOWING RATE OF SALES AND COMPENSATING USE TAXES
S. 5629--B 8
IN EXCESS OF FOUR PERCENT THAT SUCH COUNTY OR CITY IS AUTHORIZED TO
IMPOSE PURSUANT TO THE AUTHORITY OF SUBDIVISIONS (A) AND (K) OF SECTION
TWELVE HUNDRED TEN OF THIS ARTICLE. SUCH ADDITIONAL RATE OF TAX IN
EXCESS OF FOUR PERCENT SHALL NOT BE SUBJECT TO PREEMPTION.
(1) COUNTIES:
(A) ONE-QUARTER OF ONE PERCENT - HERKIMER, NASSAU.
(B) ONE-HALF OF ONE PERCENT - ALLEGANY.
(C) THREE-QUARTERS OF ONE PERCENT - ERIE, ONEIDA.
(D) ONE PERCENT - NONE.
(2) CITIES:
(A) ONE-QUARTER OF ONE PERCENT - NONE.
(B) ONE-HALF OF ONE PERCENT - NONE.
(C) THREE-QUARTERS OF ONE PERCENT - NONE.
(D) ONE PERCENT - NONE.
(G) EACH OF THE FOLLOWING CITIES IS AUTHORIZED TO PREEMPT THE TAXES
IMPOSED PURSUANT TO THE AUTHORITY OF SUBDIVISION (A) OF SECTION TWELVE
HUNDRED TEN OF THIS ARTICLE BY THE COUNTY IN WHICH IT IS LOCATED, TO THE
EXTENT OF ONE-HALF THE MAXIMUM AGGREGATE RATE AUTHORIZED UNDER SECTION
TWELVE HUNDRED TEN OF THIS ARTICLE: AUBURN, IN CAYUGA COUNTY; CORTLAND,
IN CORTLAND COUNTY; GLOVERSVILLE OR JOHNSTOWN, IN FULTON COUNTY; ONEIDA,
IN MADISON COUNTY; ONEONTA, IN OTSEGO COUNTY. AS OF THE DATE THIS SUBDI-
VISION TAKES EFFECT, ANY SUCH PREEMPTION IN EFFECT ON SUCH DATE SHALL
CONTINUE IN FULL FORCE AND EFFECT UNTIL THE EFFECTIVE DATE OF A LOCAL
LAW, ORDINANCE OR RESOLUTION ADOPTED OR AMENDED BY A CITY TO CHANGE SUCH
PREEMPTION. ANY PREEMPTION TO TAKE EFFECT UNDER THIS SUBDIVISION AFTER
THE DATE THIS SUBDIVISION TAKES EFFECT SHALL BE SUBJECT TO THE NOTICE
REQUIREMENTS IN SECTION TWELVE HUNDRED TWENTY-THREE OF THIS SUBPART AND
TO THE OTHER REQUIREMENTS OF THIS ARTICLE.
S 17. Subdivisions (s) and (hh) of section 1224 of the tax law, subdi-
vision (s) as amended by chapter 117 of the laws of 2004, paragraph 2 of
subdivision (s) as amended by section 3-a of part M-1 of chapter 109 of
the laws of 2006, subdivision (hh) as added by section 3 of part M-1 of
chapter 109 of the laws of 2006, are amended to read as follows:
[(s)] (H) (1) Notwithstanding any other provision of this section,
each city in the county of Oswego shall have prior right to impose:
(A) all of the taxes described in article twenty-eight of this chapter
as authorized by subdivision (a) of section twelve hundred ten or by
section twelve hundred eleven of this article, up to the maximum rate
authorized by the opening paragraph of such section twelve hundred ten.
(B) any or all of the taxes described in subdivisions (b), (d), (e)
and (f) of section eleven hundred five of this chapter, and, where the
tax described in such subdivision (b) of section eleven hundred five is
imposed, all of the taxes described in clauses (E), (G) and (H) of
subdivision (a) of section eleven hundred ten of this chapter, as
authorized by subdivision (b) of section twelve hundred ten of this
article.
(2) Notwithstanding any provision of this article, [during any period
that] TAX IMPOSED BY the county of Oswego [is authorized to impose an
additional rate of tax by] PURSUANT TO THE AUTHORITY OF SUBDIVISION (A)
OF section twelve hundred ten of this article[, such county shall have
the sole right to impose such additional rate, 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] AT THE RATE OF FOUR PERCENT OR LESS shall not be
subject to [pre-emption and] PREEMPTION BUT shall apply only in the area
of the county outside the cities in such county, provided that such
S. 5629--B 9
[additional] rate of the county shall apply in a city in such county to
the extent the city does not impose tax pursuant to the authority of
section twelve hundred ten of this article [at a rate greater than three
percent].
[(hh)] (I) Notwithstanding the foregoing provisions of this section or
other law to the contrary:
(1) If a county, other than a county to which subdivision (c) of this
section applies and other than Oswego county, and a city in the county
each impose sales and compensating use taxes pursuant to the authority
of subpart B of part one of this article, and
(A) neither elects to tax motor fuel and diesel motor fuel as
described in subdivision (m) of section eleven hundred eleven of this
chapter, the provisions of paragraph two of subdivisions (a) and (b) of
this section, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISIONS (E) THROUGH
(G) OF THIS SECTION, shall apply to their rates of tax on motor fuel and
diesel motor fuel in such city; or
(B) both elect to tax motor fuel and diesel motor fuel as described in
subdivision (m) of section eleven hundred eleven of this chapter, each
shall have the prior right to the taxes on such fuels as described in
subdivision (m) of section eleven hundred eleven of this chapter, to the
extent of one-half the maximum rate authorized for such county or city,
without regard to whether they have chosen the two dollar or three
dollar base on which such taxes may be imposed; or
(C) only one of them elects to tax motor fuel and diesel motor fuel as
described in subdivision (m) of section eleven hundred eleven of this
chapter, the one that did not make such election shall have the prior
right to impose taxes on such fuels described in subdivision (m) of
section eleven hundred eleven of this chapter, to the extent of one-half
the maximum rate, and the one that did make such election shall have the
prior right to impose taxes on such fuels described in subdivision (m)
of section eleven hundred eleven of this chapter, to the extent of one-
half the maximum rate authorized for such locality but with regard to
whether it chose the two dollar or three dollar base on which such taxes
may be imposed.
(2) If a county to which subdivision (c) of this section applies and a
city in such county each impose sales and compensating use taxes pursu-
ant to the authority of subpart B of part one of this article, and
(A) neither elects to tax motor fuel and diesel motor fuel as
described in subdivision (m) of section eleven hundred eleven of this
chapter, the provisions of subdivision (c) of this section shall apply
to their rates of tax on motor fuel and diesel motor fuel in such city;
or
(B) both elect to tax motor fuel and diesel motor fuel as described in
subdivision (m) of section eleven hundred eleven of this chapter, the
county shall have the prior right to impose taxes on such fuels as
described in subdivision (m) of section eleven hundred eleven of this
chapter, to the extent of two-thirds, and the city shall have the prior
right to impose taxes on such fuels as described in subdivision (m) of
section eleven hundred eleven of this chapter, to the extent of one-
third, of the maximum rate authorized for such county and city, without
regard to whether they have chosen the two dollar or three dollar base
on which such taxes may be imposed; or
(C) only one of them elects to tax motor fuel and diesel motor fuel as
described in subdivision (m) of section eleven hundred eleven of this
chapter, if the county did not make such election, it shall have the
prior right to impose taxes on such fuels described in subdivision (m)
S. 5629--B 10
of section eleven hundred eleven of this chapter, to the extent of two-
thirds the maximum rate authorized, and the city shall have the prior
right to impose taxes on such fuels described in subdivision (m) of
section eleven hundred eleven of this chapter, to the extent of one-
third the maximum rate authorized for such city but with regard to
whether it chose the two dollar or three dollar base on which such tax
may be imposed; and, if the city did not make the election, it shall
have the prior right to impose taxes on such fuels described in subdivi-
sion (m) of section eleven hundred eleven of this chapter, to the extent
of one-third the maximum rate authorized, and the county shall have the
prior right to impose taxes on such fuels described in subdivision (m)
of section eleven hundred eleven of this chapter, to the extent of two-
thirds the maximum rate authorized for such county but with regard to
whether it chose the two dollar or three dollar base on which such taxes
may be imposed.
(3) In Oswego county, references in subparagraph (A) of paragraph one
of subdivision [(s)] (H) of this section to tax imposed by a city in
such county at the maximum rate authorized or in subparagraph (B) of
PARAGRAPH ONE OF subdivision [(s)] (H) of this section to the taxes
described in subdivision (b) of section eleven hundred five of this
chapter shall include tax imposed by the city pursuant to any election
it makes under subdivision (m) of section eleven hundred eleven of this
chapter, regardless of whether such city chooses the two dollar or three
dollar base on which such tax may be imposed.
(4) Nothing in this subdivision or in subdivision (m) of section elev-
en hundred eleven of this chapter shall be construed to affect the
authority of a county or city to impose an additional rate of tax IN
EXCESS OF FOUR PERCENT pursuant to this article, provided that, if a
county or city makes the election described in subdivision (m) of
section eleven hundred eleven of this chapter, such election shall apply
uniformly to any tax it imposes pursuant to the authority of subpart B
of part one of this article, including any SUCH additional rate of tax
it is authorized to impose.
(5) For purposes of this section, the terms "maximum rate authorized"
and "maximum rate" shall each have the same meaning as in subdivisions
(a)[, (b)] and [(c)] (B) of this section.
S 18. Paragraph 2 of subdivision (c) of section 1261 of the tax law,
as amended by section 9 of part SS-1 of chapter 57 of the laws of 2008,
is amended to read as follows:
(2) However, the taxes, penalties and interest from the [additional]
one percent rate IN EXCESS OF THREE PERCENT which the city of Yonkers is
authorized to impose pursuant to section twelve hundred ten of this
article, after the comptroller has reserved such refund fund and such
cost shall be paid to the special sales and compensating use tax fund
for the city of Yonkers established by section ninety-two-f of the state
finance law at the times set forth in [the preceding sentence] PARAGRAPH
ONE OF THIS SUBDIVISION.
S 19. Subdivisions (a) and (b) of section 1262-a of the tax law,
subdivision (a) as amended and subdivision (b) as added by chapter 617
of the laws of 1992, are amended to read as follows:
(a) In the event that the county of Tompkins and the city of Ithaca
both impose the same taxes described in section twelve hundred two,
twelve hundred three or twelve hundred ten of this [chapter] ARTICLE,
the county shall have power to impose or continue to impose such taxes
on the area of the county outside such city up to the maximum rate
authorized therefor. In such event, notwithstanding the provisions of
S. 5629--B 11
[the preceding] section TWELVE HUNDRED SIXTY-TWO OF THIS PART, the
portion of the net collections received by the county by reason of its
additional rate on such area (CONSIDERED WITHOUT REGARD TO THE PORTION
OF ANY COUNTY RATE IN EXCESS OF THREE PERCENT), shall be allocated quar-
terly to the towns in such area in proportion to their respective popu-
lations, and allocated between the towns and villages, if any village
elects to take its share in cash, in proportion to their respective
populations, determined in accordance with the latest decennial federal
census or special population census taken pursuant to section twenty of
the general municipal law completed and published prior to the end of
the quarter for which the allocation is made.
(b) Notwithstanding any other provision of law to the contrary, if the
county of Tompkins imposes [the additional one-half or one percent rate
of] tax pursuant to the [provisions] AUTHORITY of SUBDIVISION (A) OF
section twelve hundred ten of this article AT A RATE IN EXCESS OF THREE
PERCENT, the [net collections received by the] county [of Tompkins on
account of such additional rate during the first six months such addi-
tional rate is in effect] shall [be retained by the county of Tompkins
to be used for any county purpose. Thereafter,] RETAIN seventy-five [per
centum] PERCENT of net collections attributable to such [additional]
rate [shall be retained by the county of Tompkins] IN EXCESS OF THREE
PERCENT, to be used for any county purpose, and SHALL ALLOCATE the
remaining twenty-five [per centum] PERCENT of [such] net collections
[shall be allocated] FROM SUCH RATE IN EXCESS OF THREE PERCENT BETWEEN
THE CITY OF ITHACA AND THE AREA OF THE COUNTY OUTSIDE SUCH CITY as
follows:
(1) Where the city of Ithaca imposes [a] tax pursuant to the authority
of subdivision (a) of section [one thousand two] TWELVE hundred ten of
this article, [that portion received by] the county [on account of the
additional tax imposed by the county] SHALL ALLOCATE THE PORTION OF SUCH
NET COLLECTIONS ON ACCOUNT OF ITS RATE OF TAX IN EXCESS OF THREE PERCENT
within the city of Ithaca [shall be allocated] to the city of Ithaca to
be used for any city purpose. Where the city of Ithaca does not impose
[a] tax pursuant to the authority of such subdivision (a) of section
[one thousand two] TWELVE hundred ten the amount required to be allo-
cated to such city, to be used for any city purpose, shall be determined
in proportion to such city's population determined as a portion of the
county's total population as determined in accordance with the latest
decennial federal census or special population census taken pursuant to
section twenty of the general municipal law completed and published
prior to the end of the quarter for which the allocation is made.
(2) The balance of such twenty-five [per centum] PERCENT OF THE COUN-
TY'S NET COLLECTIONS FROM ITS TAX IMPOSED AT A RATE IN EXCESS OF THREE
PERCENT, after deduction of the amount allocated to the city of Ithaca
pursuant to paragraph one of this subdivision, shall be allocated to the
towns of such county, and between towns and villages, if any village
elects to take its share in cash, in the manner described in subdivision
(a) of this section with respect to the area of the county outside the
city of Ithaca.
S 20. Section 1262-e of the tax law, as amended by chapter 246 of the
laws of 2011, is amended to read as follows:
S 1262-e. [Establishment] NASSAU COUNTY-ESTABLISHMENT of local govern-
ment assistance programs [in Nassau county]. 1. Towns and cities.
Notwithstanding any other provision of law to the contrary, for [the]
calendar [year] YEARS beginning [on] January first, nineteen hundred
ninety-eight and continuing [through the calendar year beginning on
S. 5629--B 12
January first, two thousand thirteen] ANNUALLY THEREAFTER, the county of
Nassau shall enact and establish a local government assistance program
for the towns and cities within such county to assist such towns and
cities to minimize real property taxes; defray the cost and expense of
the treatment, collection, management, disposal, and transportation of
municipal solid waste, and to comply with the provisions of chapter two
hundred ninety-nine of the laws of nineteen hundred eighty-three; and
defray the cost of maintaining conservation and environmental control
programs. Such special assistance program for the towns and cities with-
in such county and the funding for such program shall equal [one-third
of] the revenues received by such county from the imposition of [the
three-quarters percent] ITS sales and COMPENSATING use [tax during]
TAXES IMPOSED AT THE RATE OF ONE-QUARTER OF ONE PERCENT IN EXCESS OF
THREE PERCENT EACH calendar [years two thousand one, two thousand two,
two thousand three, two thousand four, two thousand five, two thousand
six, two thousand seven, two thousand eight, two thousand nine, two
thousand ten, two thousand eleven, two thousand twelve and two thousand
thirteen additional to the regular three percent rate authorized for
such county in section twelve hundred ten of this article] YEAR. The
monies for such special local assistance shall be paid and distributed
to the towns and cities on a per capita basis using the population
figures in the latest decennial federal census. Provided further, that
notwithstanding any other law to the contrary, the establishment of such
special assistance program shall preclude any city or town within such
county from preempting or claiming under any other section of this
[chapter] ARTICLE the revenues derived from the [additional] COUNTY'S
FIRST THREE-QUARTERS OF ONE PERCENT RATE OF tax IN EXCESS OF THREE
PERCENT authorized by section twelve hundred ten of this article.
Provided further, that any such town or towns may, by resolution of the
town board, apportion all or a part of monies received in such special
assistance program to an improvement district or special district
account within such town or towns in order to accomplish the purposes of
this special assistance program.
2. Villages. Notwithstanding any other provision of law to the contra-
ry, for [the] calendar [year] YEARS beginning [on] January first, nine-
teen hundred ninety-eight and continuing [through the calendar year
beginning on January first, two thousand thirteen] ANNUALLY THEREAFTER,
the county of Nassau, by local law, is hereby empowered to enact and
establish a local government assistance program for the villages within
such county to assist such villages to minimize real property taxes;
defray the cost and expense of the treatment, collection, management,
disposal, and transportation of municipal solid waste; and defray the
cost of maintaining conservation and environmental control programs. The
funding of such local assistance program for the villages within such
county may be provided by Nassau county during any calendar year in
which such village local assistance program is in effect and shall not
exceed one-sixth of the revenues [received] THE COUNTY RECEIVES from
[the imposition of the three-quarters percent] ITS sales and COMPENSAT-
ING use [tax that are remaining after the towns and cities have received
their funding pursuant to the provisions of subdivision one of this
section] TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN EXCESS
OF THREE PERCENT. The funding for such village local assistance program
shall be paid and distributed to the villages on a per capita basis
using the population figures in the latest decennial federal census.
Provided further, that the establishment of such village local assist-
ance program shall preclude any village within such county from
S. 5629--B 13
[preempting or] claiming under any other section of this [chapter] ARTI-
CLE the revenues derived from the [additional] COUNTY'S FIRST
THREE-QUARTERS OF ONE PERCENT RATE OF tax IN EXCESS OF THREE PERCENT
authorized by section twelve hundred ten of this article.
S 21. Section 1262-g of the tax law, as amended by chapter 245 of the
laws of 2011, is amended to read as follows:
S 1262-g. [Allocation] ONEIDA COUNTY-ALLOCATION and distribution of
net collections from the [additional] one percent rate of sales and
compensating use taxes in [Oneida county] EXCESS OF THREE PERCENT.
Notwithstanding any contrary provision of law, if the county of Oneida
imposes sales and compensating use taxes at a rate which is one percent
[additional to] IN EXCESS OF the three percent rate, AS authorized by
section twelve hundred ten of this article[, as authorized by such
section], (a) where a city in such county imposes tax pursuant to the
authority of subdivision (a) of such section twelve hundred ten, such
county shall allocate, distribute and pay in cash quarterly to such city
one-half of the net collections attributable to such [additional] one
percent rate of the county's taxes collected in such city's boundaries;
(b) where a city in such county does not impose tax pursuant to the
authority of such subdivision (a) of such section twelve hundred ten,
such county shall allocate, distribute and pay in cash quarterly to such
city not so imposing tax a portion of the COUNTY'S net collections
attributable to one-half of [the county's additional] SUCH one percent
rate of tax calculated on the basis of the ratio which such city's popu-
lation bears to the county's total population, such populations as
determined in accordance with the latest decennial federal census or
special population census taken pursuant to section twenty of the gener-
al municipal law completed and published prior to the end of the quarter
for which the allocation is made, which special census must include the
entire area of the county; and (c) provided, however, that such county
shall dedicate the first one million five hundred thousand dollars of
net collections attributable to such [additional] one percent rate of
tax received by such county after the county receives in the aggregate
eighteen million five hundred thousand dollars of net collections from
such [additional] one percent rate of tax imposed for any [of the peri-
ods: September first, two thousand ten through August thirty-first, two
thousand eleven; September first, two thousand eleven through August
thirty-first, two thousand twelve; and] TWELVE MONTH PERIOD COMMENCING
September first[, two thousand twelve through] AND ENDING THE FOLLOWING
August thirty-first, [two thousand thirteen,] to an allocation on a per
capita basis, utilizing figures from the latest decennial federal census
or special population census taken pursuant to section twenty of the
general municipal law, completed and published prior to the end of the
year for which such allocation is made, which special census must
include the entire area of such county, to be allocated and distributed
among the towns of Oneida county by appropriation of its board of legis-
lators; provided, further, that nothing herein shall require such board
of legislators to make any such appropriation until it has been notified
by any town by appropriate resolution and, in any case where there is a
village wholly or partly located within a town, a resolution of every
such village, embodying the agreement of such town and village or
villages upon the amount of such appropriation to be distributed to such
village or villages out of the allocation to the town or towns in which
it is located.
S 22. Section 1262-h of the tax law, as amended by chapter 132 of the
laws of 2011, is amended to read as follows:
S. 5629--B 14
S 1262-h. [Allocation] STEUBEN COUNTY-ALLOCATION and distribution of
net collections from the [additional] one percent rate of sales and
compensating use taxes in [Steuben county] EXCESS OF THREE PERCENT.
Notwithstanding any provision of law to the contrary, of the net
collections received by the county of Steuben as a result of the imposi-
tion of the [additional] one percent rate of tax IN EXCESS OF THREE
PERCENT authorized by section twelve hundred ten of this article [(a)
during the period beginning December first, nineteen hundred ninety-
three and ending November thirtieth, nineteen hundred ninety-four, the
county of Steuben shall pay or cause to be paid to the city of Hornell
the sum of two hundred thousand dollars, to the city of Corning the sum
of three hundred thousand dollars, and the sum of five hundred thousand
dollars to the towns and villages of the county of Steuben, on the basis
of the ratio which the full valuation of real property in each town or
village bears to the aggregate full valuation of real property in all of
the towns and villages in such area. Of the net collections received by
the county of Steuben as a result of the imposition of said additional
one percent rate of tax authorized by section twelve hundred ten of this
article during the period beginning December first, nineteen hundred
ninety-four and ending November thirtieth, nineteen hundred ninety-five,
the county of Steuben shall pay or cause to be paid to the city of
Hornell the sum of three hundred thousand dollars, to the city of Corn-
ing the sum of four hundred fifty thousand dollars, and the sum of seven
hundred fifty thousand dollars to the towns and villages of the county
of Steuben, on the basis of the ratio which the full valuation of real
property in each town or village bears to the aggregate full valuation
of real property in all of the towns and villages in such area; and (b)
during the period beginning December first, nineteen hundred ninety-five
and ending November thirtieth, two thousand seven, the county of Steuben
shall annually pay or cause to be paid to the city of Hornell the sum of
five hundred fifty thousand dollars, to the city of Corning the sum of
six hundred thousand dollars, and the sum of seven hundred fifty thou-
sand dollars to the towns and villages of the county of Steuben, on the
basis of the ratio which the full valuation of real property in each
town or village bears to the aggregate full valuation of real property
in all of the towns and villages in such area; and during the period
beginning December first, two thousand seven and ending November thirti-
eth, two thousand nine, the county of Steuben shall annually pay or
cause to be paid to the city of Hornell the sum of six hundred ten thou-
sand dollars, to the city of Corning the sum of six hundred fifty thou-
sand dollars, and the sum of seven hundred fifty thousand dollars to the
towns and villages of the county of Steuben, on the basis of the ratio
which the full valuation of real property in each town or village bears
to the aggregate full valuation of real property in all of the towns and
villages in such area; and during the period beginning December first,
two thousand nine and ending November thirtieth, two thousand eleven,
the county of Steuben shall annually pay or cause to be paid to the city
of Hornell the sum of seven hundred ten thousand dollars, to the city of
Corning the sum of seven hundred ten thousand dollars, and the sum of
seven hundred fifty thousand dollars to the towns and villages of the
county of Steuben, on the basis of the ratio which the full valuation of
real property in each town or village bears to the aggregate full valu-
ation of real property in all of the towns and villages in such area;
and] during the period beginning December first, two thousand eleven and
ending November thirtieth, two thousand thirteen, AND CONTINUING FOR
SUCH TWELVE-MONTH PERIODS THEREAFTER, the county of Steuben shall annu-
S. 5629--B 15
ally pay or cause to be paid to the city of Hornell the sum of seven
hundred forty thousand dollars, to the city of Corning the sum of seven
hundred forty thousand dollars, and the sum of seven hundred fifty thou-
sand dollars to the towns and villages of the county of Steuben, on the
basis of the ratio which the full valuation of real property in each
town or village bears to the aggregate full valuation of real property
in all of the towns and villages in such area.
S 23. Section 1262-i of the tax law, as amended by chapter 420 of the
laws of 2003, is amended to read as follows:
S 1262-i. [Allocation] TIOGA COUNTY - ALLOCATION of net collections
from the [additional] one percent rate of sales and compensating use
taxes in [the county of Tioga] EXCESS OF THREE PERCENT. Notwithstanding
any contrary provision of law, one-half of the net collections received
by the county of Tioga from the one percent RATE OF sales and compensat-
ing use taxes in [addition to the] EXCESS OF three percent [rate, each
as] authorized by section twelve hundred ten of this article[,] shall be
deposited in the general fund of such county and one-half of such
collections shall be deposited by the county of Tioga in a capital
reserves fund. Disbursements from such capital reserves fund shall sole-
ly be made for the purposes of capital projects and repaying any debts
incurred for such capital projects in the county of Tioga.
S 24. Section 1262-j of the tax law, as amended by chapter 180 of the
laws of 1995, subdivision (b) as amended by chapter 27 of the laws of
2001 and subdivision (c) as amended by chapter 122 of the laws of 2011,
is amended to read as follows:
S 1262-j. [Allocation] SUFFOLK COUNTY - ALLOCATION and distribution of
net collections from the [additional] ONE PERCENT RATE OF sales and
compensating use taxes in [Suffolk county] EXCESS OF THREE PERCENT. [(a)
Notwithstanding any provision of law to the contrary, of the net
collections received by the county of Suffolk as a result of the imposi-
tion of up to the additional one percent rate of tax authorized by
section twelve hundred ten of this chapter during the period beginning
January first, nineteen hundred ninety-four and ending December thirty-
first, nineteen hundred ninety-five, the county of Suffolk shall allo-
cate such net collections as follows: one-eighth of the net collections
received shall be dedicated for public safety purposes; an appropriate
amount shall be used to bring the maximum funds dedicated to the sewer
stabilization fund to twelve million five hundred thousand dollars annu-
ally; and, the balance shall be deposited in the general fund of the
county of Suffolk.
(b) Notwithstanding any provision of law to the contrary, of the net
collections received by the county of Suffolk as a result of the
increase of three-quarters of one percent to the tax authorized by
section twelve hundred ten of this article for the period beginning
January first, nineteen hundred ninety-six and ending May thirty-first,
two thousand one, imposed by local laws or resolutions (by simple major-
ity) by the county legislature, and signed by the county executive, the
county of Suffolk shall allocate such net collections as follows: an
amount equal to no less than one-eighth and no more than one-quarter of
net collections which would be received from the imposition of a full
one percent rate increase, shall be dedicated for public safety purposes
and the balance shall be deposited in the general fund of the county of
Suffolk.
(c)] Notwithstanding any provision of law to the contrary, [of the net
collections received by] IF the county of Suffolk [as a result of the
increase] IMPOSES SALES AND COMPENSATING USE TAXES AT THE RATE of one
S. 5629--B 16
percent [to the tax] IN EXCESS OF THREE PERCENT, AS authorized by
section twelve hundred ten of this article [for the period beginning
June first, two thousand one and ending November thirtieth, two thousand
thirteen], imposed by local laws or resolutions (by simple majority) by
the county legislature, and signed by the county executive, the county
of Suffolk shall allocate [such] net collections FROM SUCH ONE PERCENT
RATE IN EXCESS OF THREE PERCENT as follows: no less than one-eighth and
no more than three-eighths of such net collections received shall be
dedicated for public safety purposes and the balance shall be deposited
in the general fund of the county of Suffolk.
S 25. Subdivision (d) of section 1262-k of the tax law, as added by
chapter 117 of the laws of 2004, is amended to read as follows:
(d) Subdivisions (a) and (b) of this section shall apply only with
respect to taxes imposed at a rate not to exceed three percent by the
county of Oswego and by any city in such county and without regard to
any [additional] rate of tax IN EXCESS OF THREE PERCENT that such county
or any such city may be authorized to or does impose.
S 26. Section 1262-l of the tax law, as amended by chapter 124 of the
laws of 2011, is amended to read as follows:
S 1262-l. [Allocation] ROCKLAND COUNTY-ALLOCATION and distribution of
net collections from the [additional] ONE PERCENT rate of sales and
compensating use tax in [Rockland county] EXCESS OF THREE PERCENT. [1.]
Notwithstanding any provision of law to the contrary, if the county of
Rockland imposes the [additional five-eighths of] one percent rate of
tax IN EXCESS OF THREE PERCENT authorized by section twelve hundred ten
of this article [during the period beginning March] EFFECTIVE DECEMBER
first, two thousand [two, and ending November thirtieth, two thousand
thirteen] ELEVEN AND THEREAFTER, such county shall allocate and distrib-
ute [twenty percent] (1) ONE-EIGHTH of the net collections from such
[additional] ONE PERCENT rate to the towns and villages in the county in
accordance with subdivision (c) of section twelve hundred sixty-two of
this part on the basis of the ratio which the population of each such
town or village bears to such county's total population; and
[2. Notwithstanding any provision of law to the contrary, if the coun-
ty of Rockland imposes the additional three-eighths of one percent rate
of tax authorized by section twelve hundred ten of this article during
the period beginning March first, two thousand seven, and ending Novem-
ber thirtieth, two thousand thirteen, such county shall allocate and
distribute sixteen and two-thirds percent] (2) ONE-EIGHTH of the net
collections from such [additional] ONE PERCENT rate to the general funds
of towns and villages within the county of Rockland with existing town
and village police departments [from March first, two thousand seven
through December thirty-first, two thousand seven and thirty-three and
one-third percent of the net collections from such additional rate from
January first, two thousand eight through November thirtieth, two thou-
sand thirteen. The monies allocated and distributed pursuant to this
subdivision shall be allocated and distributed to towns and villages
with police departments] on the basis of the number of full-time equiv-
alent police officers employed by each police department and shall not
be used for salaries heretofore or hereafter negotiated.
S 27. Section 1262-l of the tax law, as added by chapter 207 of the
laws of 2002, is amended by adding a new subdivision (c) to read as
follows:
(C) THIS SECTION SHALL APPLY TO TAXES IMPOSED IN WARREN COUNTY ONLY AT
THE RATE OF THREE PERCENT OR LESS.
S. 5629--B 17
S 28. Section 1262-m of the tax law, as amended by chapter 371 of the
laws of 2003, is amended to read as follows:
S 1262-m. [Allocation] CHENANGO COUNTY - ALLOCATION of net collections
from the [additional] one percent rate of sales and compensating use
taxes in [the county of Chenango] EXCESS OF THREE PERCENT. Notwithstand-
ing any contrary provision of law, all net collections received by the
county of Chenango from the one percent RATE OF sales and compensating
use taxes in [addition to] EXCESS OF the three percent rate[, each as]
authorized by section twelve hundred ten of this article[,] shall be
used, in the first instance, to pay the cost of constructing and repay-
ing any debts incurred in the construction of the Chenango county public
safety building project, and any operational costs related to the
Chenango county public safety building. Any and all revenue derived from
such [additional] one percent RATE OF tax IN EXCESS OF THREE PERCENT,
after the construction and debt financing costs of the Chenango county
public safety building project annex, and any operational costs related
to the Chenango county public safety building are paid, shall be depos-
ited by the county of Chenango in a capital reserves fund. Disbursements
from such capital reserves fund shall solely be made for the purposes of
capital projects and repaying any debts incurred for such capital
projects in the county of Chenango.
S 29. Section 1262-n of the tax law, as amended by chapter 240 of the
laws of 2011, is amended to read as follows:
S 1262-n. [Disposition] NIAGARA COUNTY-DISPOSITION of net collections
from the [additional] one percent rate of sales and compensating use
taxes in [the county of Niagara] EXCESS OF THREE PERCENT. Notwithstand-
ing any contrary provision of law, if the county of Niagara imposes the
[additional] one percent rate of sales and compensating use taxes IN
EXCESS OF THREE PERCENT authorized by section twelve hundred ten of this
article for [all or] any [portion of the] period beginning [March] ON OR
AFTER DECEMBER first, two thousand [three and ending November thirtieth,
two thousand thirteen] ELEVEN, the county shall use all net collections
from such [additional] one percent rate IN EXCESS OF THREE PERCENT to
pay the county's expenses for Medicaid[. The] AND SUCH net collections
[from the additional one percent rate imposed pursuant to this section]
shall be deposited in a special fund to be created by such county sepa-
rate and apart from any other funds and accounts of the county. Any and
all remaining net collections from such [additional] one percent tax IN
EXCESS OF THREE PERCENT, after the Medicaid expenses are paid, shall be
deposited by the county of Niagara in the general fund of such county
for any county purpose.
S 30. Section 1262-o of the tax law, as amended by chapter 249 of the
laws of 2011, is amended to read as follows:
S 1262-o. [Disposition] CHAUTAUQUA COUNTY-DISPOSITION of net
collections from the [additional] FIRST ONE-HALF OF ONE PERCENT rate of
sales and compensating use taxes in [the county of Chautauqua] EXCESS OF
THREE PERCENT. [Notwithstanding any contrary provision of law, if the
county of Chautauqua imposes the additional one and one-quarter percent
rate of sales and compensating use taxes authorized by section twelve
hundred ten of this article for all or any portion of the period begin-
ning March first, two thousand five and ending August thirty-first, two
thousand six, the additional one percent rate authorized by such section
for all or any of the period beginning September first, two thousand six
and ending November thirtieth, two thousand seven, the additional three-
quarters of one percent rate authorized by such section for all or any
of the period beginning December first, two thousand seven and ending
S. 5629--B 18
November thirtieth, two thousand ten, the county shall allocate one-
fifth of the net collections from the additional three-quarters of one
percent to the cities, towns and villages in the county on the basis of
their respective populations, determined in accordance with the latest
decennial federal census or special population census taken pursuant to
section twenty of the general municipal law completed and published
prior to the end of the quarter for which the allocation is made, and
allocate the remainder of the net collections from the additional three-
quarters of one percent as follows: (1) to pay the county's expenses for
Medicaid and other expenses required by law; (2) to pay for local road
and bridge projects; (3) for the purposes of capital projects and repay-
ing any debts incurred for such capital projects in the county of Chau-
tauqua that are not otherwise paid for by revenue received from the
mortgage recording tax; and (4) for deposit into a reserve fund for
bonded indebtedness established pursuant to the general municipal law.]
Notwithstanding any contrary provision of law, if the county of Chautau-
qua imposes [the additional] A one-half percent OR GREATER rate of sales
and compensating use taxes [authorized by such section twelve hundred
ten] IN EXCESS OF THREE PERCENT for [all or] any [of the] period begin-
ning December first, two thousand [ten and ending November thirtieth,
two thousand thirteen] ELEVEN OR THEREAFTER, the county shall allocate
three-tenths of the net collections from the [additional] FIRST one-half
of one percent RATE OF SUCH TAXES IN EXCESS OF THREE PERCENT to the
cities, towns and villages in the county on the basis of their respec-
tive populations, determined in accordance with the latest decennial
federal census or special population census taken pursuant to section
twenty of the general municipal law completed and published prior to the
end of the quarter for which the allocation is made, and allocate the
remainder of the net collections from [the] SUCH additional one-half of
one percent RATE as follows: (1) to pay the county's expenses for Medi-
caid and other expenses required by law; (2) to pay for local road and
bridge projects; (3) for the purposes of capital projects and repaying
any debts incurred for such capital projects in the county of Chautauqua
that are not otherwise paid for by revenue received from the mortgage
recording tax; and (4) for deposit into a reserve fund for bonded
indebtedness established pursuant to the general municipal law. The net
collections from [the additional rates imposed pursuant to this section]
SUCH ONE-HALF OF ONE PERCENT RATE shall be deposited in a special fund
to be created by such county separate and apart from any other funds and
accounts of the county to be used for purposes above described.
S 31. Section 1262-p of the tax law, as amended by chapter 117 of the
laws of 2011, is amended to read as follows:
S 1262-p. [Disposition] LIVINGSTON COUNTY-DISPOSITION of net
collections from the [additional] one percent rate of sales and compen-
sating use taxes [in the county of Livingston] EXCESS OF THREE PERCENT.
Notwithstanding any contrary provision of law, if the county of Living-
ston imposes the [additional] one percent rate of sales and compensating
use taxes IN EXCESS OF THREE PERCENT authorized by section twelve
hundred ten of this article for [all or] any [portion of the] period
beginning [June] ON OR AFTER DECEMBER first, two thousand [three and
ending November thirtieth, two thousand thirteen] ELEVEN, the county
shall use all net collections from such [additional] one percent rate to
pay the county's expenses for Medicaid. The net collections from [the
additional] SUCH one percent rate [imposed pursuant to this section]
shall be deposited in a special fund to be created by such county sepa-
rate and apart from any other funds and accounts of the county. Any and
S. 5629--B 19
all remaining net collections from such [additional] one percent [tax]
RATE, after the Medicaid expenses are paid, shall be deposited by the
county of Livingston in the general fund of such county for any county
purpose.
S 32. Section 1262-q of the tax law, as amended by chapter 243 of the
laws of 2011, is amended to read as follows:
S 1262-q. Erie county-disposition of net collections from the one
percent and the three-quarters of one percent rates of sales and compen-
sating use taxes in excess of three percent. Notwithstanding any
provision of law to the contrary: (1) If the county of Erie imposes the
[additional] one percent rate of sales and compensating use taxes IN
EXCESS OF THREE PERCENT authorized by item (i) of clause (4) of subpara-
graph (i) of the opening paragraph of section twelve hundred ten of this
article during [the] ANY period beginning January first, two thousand
seven, or thereafter, the county shall allocate each calendar year the
first twelve million five hundred thousand dollars of the net
collections from such one percent rate to the cities of such county and
the area in such county outside its cities to be applied or distributed
in the same manner and proportion as the net collections for such cities
and area are applied or distributed under the revenue distribution
agreement entered into pursuant to the authority of subdivision (c) of
section twelve hundred sixty-two of this part in effect on January
first, two thousand six, and subject to all provisions of such agreement
governing the net collections for such cities and area and shall retain
the remainder of such net collections for any county purpose.
(2) Net collections from the [additional] three-quarters of one
percent 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] OR THEREAFTER,
pursuant to the authority of [item (ii) of clause (4) of subparagraph
(i) of the opening paragraph of] section twelve hundred ten of this
article shall be used by the county solely for county purposes and shall
not be subject to any revenue distribution agreement the county entered
into pursuant to the authority of subdivision (c) of section twelve
hundred sixty-two of this part.
(3) SEE SECTION TWELVE HUNDRED SIXTY-TWO-T OF THIS PART FOR ANOTHER
PROVISION RELATING TO ERIE COUNTY.
S 33. Section 1262-r of the tax law, as added by chapter 374 of the
laws of 2006, is amended to read as follows:
S 1262-r. [Allocation] OSWEGO COUNTY - ALLOCATION and distribution of
certain net collections [in the county of Oswego]. Notwithstanding any
other provision of law to the contrary, if the city of Fulton does not
impose any tax pursuant to the authority of section twelve hundred ten
of this article: (1) the county of Oswego shall impose sales and compen-
sating use taxes pursuant to the authority of subdivision (a) of section
twelve hundred ten of this article at [the maximum rate authorized
therefor] A RATE OF NOT LESS THAN FOUR PERCENT; (2) such county shall,
by local law, ordinance or resolution, allocate and distribute monthly
to the city of Fulton net collections in the amount of five hundred
eight thousand eight hundred twenty dollars, commencing on the first day
of the first month in which the repeal of such city's taxes takes
effect, and continuing monthly unless the city of Fulton imposes tax
pursuant to the authority of such section twelve hundred ten; (3) such
monthly amount allocated and distributed to such city shall be deemed to
be paid from the county's net collections set aside for county purposes
and shall not affect the amount of net collections to be allocated and
S. 5629--B 20
distributed by the county to the area of the county outside the cities
in the county pursuant to subdivision (c) of section twelve hundred
sixty-two of this part; and (4) such county shall not be required to
allocate net collections to the city of Fulton pursuant to subdivision
(c) of such section twelve hundred sixty-two unless net collections from
the county's sales and compensating use taxes exceed thirty-four million
dollars per year, in which case the county shall allocate ten percent of
its net collections in excess of thirty-four million dollars on the
basis of population to the city of Fulton and such area of the county
outside the cities.
S 34. Subdivision (b) of section 1262-r of the tax law, as added by
chapter 37 of the laws of 2006, is amended to read as follows:
(b) The county shall allocate net collections from its taxes imposed
at the rate of one and one-half percent pursuant to the authority of
section twelve hundred ten of this article and also from [an additional]
THE FIRST one-eighth of one percent rate of [such] ITS taxes [authorized
by such section twelve hundred ten] IMPOSED IN EXCESS OF THREE PERCENT
during the entire period [in which such additional rate is authorized]
THAT THE COUNTY IMPOSES ANY RATE OF TAX IN EXCESS OF THREE PERCENT to
the cities, towns and villages in the county (i) on the basis of their
respective populations, determined in accordance with the latest decen-
nial federal census or special population census taken pursuant to
section twenty of the general municipal law, completed and published
prior to the end of the quarter for which the allocation is made, which
special census must include the entire area of the county (the "popu-
lation method"), or (ii) on the basis of the ratio which the full valu-
ation of real property in each city, town and village bears to the
aggregate full valuation of real property in all of the cities, towns
and villages in such county (the "full valuation method"), or (iii) on
the basis of the two thousand four base amounts described in subdivision
(d) of this section, or (iv) on the basis of specific amounts set aside
for each city in the county, or (v) on the basis of a combination of
such methods, provided, that the county shall apply the population meth-
od and the full valuation method uniformly throughout the county. SEE
SECTION TWELVE HUNDRED SIXTY-TWO-W OF THIS PART FOR ANOTHER PROVISION
RELATING TO ONTARIO COUNTY.
S 35. Section 1262-s of the tax law, as amended by chapter 226 of the
laws of 2011, is amended to read as follows:
S 1262-s. [Disposition] HERKIMER COUNTY-DISPOSITION of net collections
from the [additional] one-quarter of one percent rate of sales and
compensating use taxes in [the county of Herkimer] EXCESS OF FOUR
PERCENT. Notwithstanding any contrary provision of law, if the county of
Herkimer imposes the [additional] one-quarter of one percent rate of
sales and compensating use taxes IN EXCESS OF FOUR PERCENT authorized by
SUBDIVISION (K) OF section twelve hundred [ten-E] TEN of this article
for [all or] any [portion of the] period beginning ON OR AFTER December
first, two thousand [seven and ending November thirtieth, two thousand
thirteen] ELEVEN, the county shall use all net collections from such
[additional] one-quarter of one percent rate to pay the county's
expenses for the construction of additional correctional facilities. The
net collections from [the additional] SUCH ONE-QUARTER OF ONE PERCENT
rate [imposed pursuant to section twelve hundred ten-E] shall be depos-
ited in a special fund to be created by such county separate and apart
from any other funds and accounts of the county. Any and all remaining
net collections from such [additional tax] ONE-QUARTER OF ONE PERCENT
RATE, after the expenses of such construction are paid, shall be depos-
S. 5629--B 21
ited by the county of Herkimer in the general fund of such county for
any county purpose.
S 36. The tax law is amended by adding twelve new sections 1262-t,
1262-u, 1262-v, 1262-w, 1262-x, 1262-y, 1262-z, 1262-aa, 1262-bb, 1262-
cc, 1262-dd, and 1262-ee to read as follows:
S 1262-T. ERIE COUNTY - NET COLLECTIONS FROM SALES AND COMPENSATING
USE TAXES IMPOSED AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS
OF FOUR PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NET
COLLECTIONS FROM ERIE COUNTY'S SALES AND COMPENSATING USE TAXES IMPOSED
AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS OF FOUR PERCENT
PURSUANT TO THE AUTHORITY OF SUBDIVISION (K) OF SECTION TWELVE HUNDRED
TEN OF THIS ARTICLE SHALL BE PAID TO THE COUNTY, SHALL BE USED BY THE
COUNTY SOLELY FOR COUNTY PURPOSES, AND SHALL NOT BE SUBJECT TO ANY
AGREEMENT ENTERED INTO BY THE COUNTY AND THE CITIES IN THE COUNTY UNDER
SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
S 1262-U. ONEIDA COUNTY - NET COLLECTIONS FROM SALES AND COMPENSATING
USE TAXES IMPOSED AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS
OF THREE PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NET
COLLECTIONS FROM ONEIDA COUNTY'S SALES AND COMPENSATING USE TAXES
IMPOSED AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS OF THREE
PERCENT SHALL NOT BE SUBJECT TO ANY AGREEMENT ENTERED INTO BY THE COUNTY
AND THE CITIES IN THE COUNTY UNDER SUBDIVISION (C) OF SECTION TWELVE
HUNDRED SIXTY-TWO OF THIS PART.
S 1262-V. HERKIMER COUNTY - NET COLLECTIONS FROM SALES AND COMPENSAT-
ING USE TAXES IMPOSED AT THE RATE OF ONE PERCENT IN EXCESS OF THREE
PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, HERKIMER COUNTY'S ONE
PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN EXCESS OF THREE
PERCENT SHALL NOT BE SUBJECT TO PREEMPTION PURSUANT TO THE AGREEMENT
ENTERED INTO BETWEEN THE COUNTY OF HERKIMER AND THE CITY OF LITTLE FALLS
ON APRIL TWELFTH, NINETEEN HUNDRED NINETY-FOUR, AND FILED WITH THE CLERK
OF THE COUNTY LEGISLATURE OF THE COUNTY OF HERKIMER.
S 1262-W. ONTARIO COUNTY - NET COLLECTIONS FROM A PORTION OF SALES AND
COMPENSATING USE TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN
EXCESS OF THREE PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, AFTER
ONTARIO COUNTY ALLOCATES NET COLLECTIONS FROM THE FIRST ONE-EIGHTH OF
ONE PERCENT RATE OF ITS TAXES IN EXCESS OF THREE PERCENT PURSUANT TO THE
AUTHORITY OF SECTION TWELVE HUNDRED SIXTY-TWO-R OF THIS PART, THE
REMAINDER OF NET COLLECTIONS FROM ONTARIO COUNTY'S SALES AND COMPENSAT-
ING USE TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN EXCESS
OF THREE PERCENT SHALL BE SET ASIDE FOR COUNTY PURPOSES AND SHALL NOT BE
SUBJECT TO ANY AGREEMENT ENTERED INTO BY THE COUNTY AND THE CITIES IN
THE COUNTY PURSUANT TO THE AUTHORITY OF SUBDIVISION (C) OF SECTION
TWELVE HUNDRED SIXTY-TWO OR SECTION TWELVE HUNDRED SIXTY-TWO-R OF THIS
PART.
S 1262-X. ALBANY COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IF THE COUNTY OF
ALBANY IMPOSES A ONE PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN
EXCESS OF THREE PERCENT AS AUTHORIZED BY SECTION TWELVE HUNDRED TEN OF
THIS ARTICLE, THEN THE COUNTY OF ALBANY SHALL ALLOCATE AND DISTRIBUTE
NET COLLECTIONS FROM SUCH ONE PERCENT RATE IN EXCESS OF THREE PERCENT
QUARTERLY TO THE CITIES AND THE AREA OF THE COUNTY OUTSIDE THE CITIES IN
THE SAME PROPORTION THE COUNTY ALLOCATES AND DISTRIBUTES NET COLLECTIONS
FROM THE COUNTY'S THREE PERCENT RATE OF SUCH TAXES AS OF JULY ELEVENTH,
TWO THOUSAND NINE. SUCH PORTION OF NET COLLECTIONS ATTRIBUTABLE TO SUCH
ONE PERCENT RATE SHALL BE ALLOCATED AND DISTRIBUTED TO THE TOWNS AND
VILLAGES IN SUCH COUNTY IN THE SAME MANNER AS NET COLLECTIONS ATTRIBUT-
S. 5629--B 22
ABLE TO SUCH COUNTY'S THREE PERCENT RATE OF SUCH TAXES ARE ALLOCATED AND
DISTRIBUTED TO SUCH TOWNS AND VILLAGES AS OF THAT DATE. IF A CITY IN THE
COUNTY OF ALBANY EXERCISES ITS PRIOR RIGHT TO IMPOSE TAX PURSUANT TO
SECTION TWELVE HUNDRED TWENTY-FOUR OF THIS ARTICLE, THEN THE COUNTY
SHALL NOT BE REQUIRED TO ALLOCATE AND DISTRIBUTE NET COLLECTIONS IN
ACCORDANCE WITH THIS SECTION FOR ANY PERIOD OF TIME DURING WHICH ANY
SUCH CITY TAX IS IN EFFECT.
S 1262-Y. CLINTON COUNTY - NET COLLECTIONS FROM ADDITIONAL RATE NOT
SUBJECT TO AGREEMENT. NET COLLECTIONS FROM ANY RATE OF SALES AND COMPEN-
SATING USE TAXES CLINTON COUNTY IMPOSES IN EXCESS OF THREE PERCENT
DURING THE PERIOD COMMENCING DECEMBER FIRST, TWO THOUSAND SEVEN, AND
ENDING NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, PURSUANT TO THE AUTHORI-
TY OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE, SHALL BE PAID TO THE
COUNTY AND THE COUNTY SHALL SET ASIDE SUCH NET COLLECTIONS AND USE THEM
SOLELY FOR COUNTY PURPOSES. SUCH NET COLLECTIONS SHALL NOT BE SUBJECT TO
ANY REVENUE DISTRIBUTION AGREEMENT ENTERED INTO BY THE COUNTY AND THE
CITY IN THE COUNTY PURSUANT TO SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-TWO OF THIS PART.
S 1262-Z. COLUMBIA COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF COLUMBIA COUNTY
IMPOSES A ONE PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN EXCESS
OF THREE PERCENT AS AUTHORIZED BY SECTION TWELVE HUNDRED TEN OF THIS
ARTICLE FOR ANY PERIOD, THEN THE COUNTY SHALL ALLOCATE AND DISTRIBUTE
QUARTERLY TO THE CITY OF HUDSON AND THE AREA OF THE COUNTY OUTSIDE SUCH
CITY THE SAME PROPORTION OF NET COLLECTIONS ATTRIBUTABLE TO SUCH ONE
PERCENT RATE AS THE COUNTY WAS ALLOCATING AND DISTRIBUTING NET
COLLECTIONS FROM THE COUNTY'S THREE PERCENT RATE OF SUCH TAXES ON JANU-
ARY TWENTY-EIGHTH, NINETEEN HUNDRED NINETY-FIVE, AND SUCH PORTION OF NET
COLLECTIONS FROM SUCH ONE PERCENT RATE SHALL BE ALLOCATED AND DISTRIB-
UTED TO THE TOWNS AND VILLAGES IN THE COUNTY IN THE SAME MANNER AS NET
COLLECTIONS ATTRIBUTABLE TO THE COUNTY'S THREE PERCENT RATE OF SUCH
TAXES WERE ALLOCATED AND DISTRIBUTED TO SUCH TOWNS AND VILLAGES ON JANU-
ARY TWENTY-EIGHTH, NINETEEN HUNDRED NINETY-FIVE. IF THE CITY OF HUDSON
EXERCISES ITS PRIOR RIGHT TO IMPOSE A TAX PURSUANT TO SECTION TWELVE
HUNDRED TWENTY-FOUR OF THIS ARTICLE, THEN THE COUNTY SHALL NOT BE
REQUIRED TO ALLOCATE AND DISTRIBUTE NET COLLECTIONS IN ACCORDANCE WITH
THIS SECTION FOR ANY PERIOD DURING WHICH ANY SUCH CITY TAX IS IN EFFECT.
S 1262-AA. GENESEE COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF GENESEE
COUNTY IMPOSES SALES AND COMPENSATING USE TAXES AT A RATE IN EXCESS OF
THREE PERCENT FOR ANY PERIOD, THE COUNTY SHALL ALLOCATE AND DISTRIBUTE
NET COLLECTIONS FROM SUCH RATE IN EXCESS OF THREE PERCENT IN THE SAME
MANNER AND PROPORTION AS IT DOES NET COLLECTIONS FROM SUCH TAXES IMPOSED
AT THE RATE OF THREE PERCENT.
S 1262-BB. MONROE COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS. (A)
NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (B) AND (C) OF SECTION
TWELVE HUNDRED SIXTY-TWO AND SECTION TWELVE HUNDRED SIXTY-TWO-G OF THIS
PART, NET COLLECTIONS FROM MONROE COUNTY'S SALES AND COMPENSATING USE
TAXES IMPOSED AT A RATE OF ONE PERCENT IN EXCESS OF THREE PERCENT, AS
AUTHORIZED PURSUANT TO THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF
THIS ARTICLE, SHALL BE ALLOCATED AND DISTRIBUTED AS FOLLOWS: FOR THE
PERIOD OF DECEMBER FIRST, TWO THOUSAND ELEVEN, THROUGH NOVEMBER THIRTI-
ETH, TWO THOUSAND TWELVE, IN CASH, FIVE PERCENT TO THE SCHOOL DISTRICTS
IN THE AREA OF THE COUNTY OUTSIDE THE CITY OF ROCHESTER, THREE PERCENT
TO THE TOWNS LOCATED WITHIN THE COUNTY, ONE AND ONE-QUARTER PERCENT TO
THE VILLAGES LOCATED WITHIN THE COUNTY, AND NINETY AND THREE-QUARTERS
S. 5629--B 23
PERCENT TO THE CITY OF ROCHESTER AND COUNTY OF MONROE. THE REMAINING
NINETY AND THREE-QUARTERS PERCENT OF NET COLLECTIONS FROM SUCH ONE
PERCENT RATE IN EXCESS OF THREE PERCENT SHALL BE ALLOCATED AND DISTRIB-
UTED TO THE CITY OF ROCHESTER OR RETAINED BY THE COUNTY SO THAT THE
COMBINED TOTAL ALLOCATION AND DISTRIBUTION TO THE CITY AND COMBINED
AMOUNT TO BE RETAINED BY THE COUNTY FROM THE COUNTY'S SALES TAX REVENUES
PURSUANT TO SECTIONS TWELVE HUNDRED SIXTY-TWO AND TWELVE HUNDRED SIXTY-
TWO-G OF THIS PART AND THIS SECTION SHALL RESULT IN THE SAME TOTAL
AMOUNT BEING ALLOCATED AND DISTRIBUTED TO THE CITY OF ROCHESTER AND THE
COUNTY. THE AMOUNT SO RETAINED BY THE COUNTY SHALL BE USED FOR COUNTY
PURPOSES. THE FOREGOING CASH PAYMENTS TO THE SCHOOL DISTRICTS SHALL BE
ALLOCATED ON THE BASIS OF THE ENROLLED PUBLIC SCHOOL PUPILS THEREOF, AS
SUCH TERM IS USED IN SUBDIVISION (B) OF SECTION TWELVE HUNDRED SIXTY-TWO
OF THIS PART, RESIDING IN THE COUNTY OF MONROE. THE CASH PAYMENTS TO
THE TOWNS LOCATED IN THE COUNTY OF MONROE SHALL BE ALLOCATED ON THE
BASIS OF THE RATIO WHICH THE POPULATION OF EACH TOWN, EXCLUSIVE OF THE
POPULATION OF ANY VILLAGE OR PORTION THEREOF LOCATED WITHIN A TOWN,
BEARS TO THE TOTAL POPULATION OF THE TOWNS LOCATED IN THE COUNTY, EXCLU-
SIVE OF THE POPULATION OF THE VILLAGES LOCATED IN SUCH TOWNS. THE CASH
PAYMENTS TO THE VILLAGES LOCATED IN THE COUNTY SHALL BE ALLOCATED ON THE
BASIS OF THE RATIO WHICH THE POPULATION OF EACH VILLAGE BEARS TO THE
TOTAL POPULATION OF THE VILLAGES LOCATED IN THE COUNTY. THE TERM POPU-
LATION AS USED IN THIS SECTION SHALL HAVE THE SAME MEANING AS USED IN
SUBDIVISION (B) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
(B) NET COLLECTIONS FROM SUCH ONE PERCENT RATE IN EXCESS OF THREE
PERCENT SHALL NOT BE INCLUDED IN DETERMINING A SALES TAX INCREASE OR
DECREASE AS DEFINED IN PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF
SECTION TWELVE HUNDRED SIXTY-TWO-G OF THIS PART.
S 1262-CC. ONONDAGA COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NET COLLECTIONS FROM THE
ONE PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN EXCESS OF THREE
PERCENT ONONDAGA COUNTY MAY IMPOSE DURING THE PERIOD COMMENCING DECEMBER
FIRST, TWO THOUSAND ELEVEN, AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND
TWELVE, PURSUANT TO THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS
ARTICLE, SHALL NOT BE SUBJECT TO ANY REVENUE DISTRIBUTION AGREEMENT
ENTERED INTO PURSUANT TO SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-TWO OF THIS PART, BUT SHALL BE ALLOCATED AND DISTRIBUTED OR PAID,
AT LEAST QUARTERLY, AS FOLLOWS: (I) 72.70 PERCENT TO THE COUNTY FOR ANY
COUNTY PURPOSE; (II) 11.35 PERCENT TO THE CITY OF SYRACUSE; (III) 13.04
PERCENT TO THE TOWNS OF THE COUNTY ON THE BASIS OF POPULATION AND TO THE
VILLAGES IN THE AREA OF THE COUNTY OUTSIDE THE CITY OF SYRACUSE, IN
ACCORDANCE WITH SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OF
THIS PART; AND (IV) 2.91 PERCENT TO THE SCHOOL DISTRICTS IN ACCORDANCE
WITH SUBDIVISION (A) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
S 1262-DD. ORANGE COUNTY - NET COLLECTIONS FROM ADDITIONAL RATE NOT
SUBJECT TO AGREEMENT. NOTWITHSTANDING SUBDIVISION (C) OF SECTION TWELVE
HUNDRED SIXTY-TWO OF THIS PART, NET COLLECTIONS FROM ANY RATE OF SALES
AND COMPENSATING USE TAXES IN EXCESS OF THREE PERCENT IMPOSED BY ORANGE
COUNTY DURING THE PERIOD COMMENCING DECEMBER FIRST, TWO THOUSAND ELEVEN,
AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND TWELVE, PURSUANT TO THE
AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE, SHALL BE USED
BY THE COUNTY SOLELY FOR COUNTY PURPOSES AND SHALL NOT BE SUBJECT TO ANY
REVENUE DISTRIBUTION AGREEMENT ENTERED INTO PURSUANT TO THE AUTHORITY OF
SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
S 1262-EE. ULSTER COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS. IF
ULSTER COUNTY IMPOSES SALES AND COMPENSATING USE TAXES AT A RATE IN
S. 5629--B 24
EXCESS OF THREE PERCENT PURSUANT TO THE AUTHORITY OF SECTION TWELVE
HUNDRED TEN OF THIS ARTICLE FOR ANY PERIOD COMMENCING DECEMBER FIRST,
TWO THOUSAND ELEVEN, AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND TWELVE,
NET COLLECTIONS FROM SUCH RATE IN EXCESS OF THREE PERCENT SHALL BE
SUBJECT TO SUCH COUNTY'S EXISTING AGREEMENT WITH THE CITY OF KINGSTON
ENTERED INTO PURSUANT TO SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-TWO OF THIS PART AND SUCH NET COLLECTIONS SHALL BE ALLOCATED IN
ACCORDANCE WITH SUCH AGREEMENT.
S 37. This act shall take effect December 1, 2012, and shall apply in
accordance with the applicable transitional provisions in sections 1106
and 1217 of the tax law; provided that a county, city or school district
shall be authorized immediately after this act shall have become a law
to adopt or amend local laws, ordinances or resolutions to impose sales
and compensating use taxes at a rate in excess of three percent pursuant
to the authority of this act to take effect December 1, 2012, or there-
after, subject to the provisions of subdivisions (d) and (e) of section
1210, 1211, or 1212-A or subdivisions (e) and (f) of section 1212 of the
tax law.
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