Extends for two years the authorization of additional sales and use tax for the county of Albany from November 30, 2011 until November 30, 2013.
TITLE OF BILL: An act to amend the tax law, in relation to the imposition of sales and compensating use taxes by the county of Albany
PURPOSE: Extends for two years the authorization of additional sales and use tax for the County of Albany.
SUMMARY OF PROVISIONS: Amends section 1210 of the tax law to allow the County of Albany to extend the duration of the additional one percent of sales and use tax through November 30, 2011.
JUSTIFICATION: Currently the County of Albany's sales tax is slated to sunset on November 30, 2009. In order for the County and area municipalities to create a fiscally responsible budget and to thwart substantial property tax increases, this extension is necessary.
LEGISLATIVE HISTORY: 2009: Chapter 108 2007: Chapter 398 2005: Chapter 530
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 820 A. 508 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Investi- gations and Government Operations IN ASSEMBLY -- Introduced by M. of A. McENENY -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to the imposition of sales and compensating use taxes by the county of Albany THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clause 10 of subparagraph (i) of the opening paragraph of section 1210 of the tax law, as amended by chapter 108 of the laws of 2009, is amended to read as follows: (10) the county of Albany is hereby further authorized and empowered to adopt and amend local laws, ordinances or resolutions imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning September first, nineteen hundred ninety-two and ending Novem- ber thirtieth, two thousand
[eleven]THIRTEEN; S 2. Notwithstanding any inconsistent provision of law, if the county of Albany imposes the additional one percent rate of sales and compen- sating use taxes authorized by section one of this act for any portion of the period during which the county is so authorized to impose such additional one percent rate of such taxes, then such county of Albany shall allocate and distribute quarterly to the cities and the area in the county outside the cities the same proportion of net collections attributable to such additional one percent rate of such taxes as such county is allocating and distributing the net collections from the coun- ty's three percent rate of such taxes as of the date this act shall have become a law, and such portion of net collections attributable to suchEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04790-01-1 S. 820 2 A. 508
additional one percent rate of such taxes shall be allocated and distributed to the towns and villages in such county in the same manner as the net collections attributable to such county's three percent rate of such taxes are allocated and distributed to such towns and villages as of the date this act shall have become a law. In the event that any city in the county of Albany exercises its prior right to impose tax pursuant to section 1224 of the tax law, then the county of Albany shall not be required to allocate and distribute net collections in accordance with the previous sentence for any period of time during which any such city tax is in effect. S 3. This act shall take effect immediately.