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STATE OF NEW YORK ________________________________________________________________________ S. 7135 A. 9692 SENATE - ASSEMBLY March 30, 2016 ___________ IN SENATE -- Introduced by Sen. LATIMER -- 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. BUCHWALD -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to the imposition of an occu- pancy tax in the village of Harrison; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new section 1202-dd to 2 read as follows: 3 § 1202-dd. Occupancy tax in the village of Harrison. (1) Notwithstand- 4 ing any other provision of law to the contrary, the village of Harrison, 5 in the county of Westchester, is hereby authorized and empowered to 6 adopt and amend local laws imposing in such village a tax, in addition 7 to any other tax authorized and imposed pursuant to this article, such 8 as the legislature has or would have the power and authority to impose 9 upon persons occupying any room for hire in any hotel. For the purposes 10 of this section, the term "hotel" shall mean a building or portion of it 11 which is regularly used and kept open as such for the lodging of guests. 12 The term "hotel" includes an apartment hotel, a motel or a boarding 13 house, whether or not meals are served. The rate of such tax shall not 14 exceed three percent of the per diem rental rate for each room whether 15 such room is rented on a daily or longer basis. 16 (2) Such taxes may be collected and administered by the chief fiscal 17 officer of the village of Harrison by such means and in such manner as 18 other taxes which are now collected and administered by such officer or 19 as otherwise may be provided by such local law. 20 (3) Such local laws may provide that any taxes imposed shall be paid 21 by the person liable therefor to the owner of the room for hire in the 22 tourist home, inn, club, hotel, motel or other similar place of public 23 accommodation occupied or to the person entitled to be paid the rent or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00070-02-6S. 7135 2 A. 9692 1 charge the room for hire in the tourist home, inn, club, hotel, motel or 2 other similar place of public accommodation occupied for and on account 3 of the village of Harrison imposing the tax and that such owner or 4 person entitled to be paid the rent or charge shall be liable for the 5 collection and payment of the tax; and that such owner or person enti- 6 tled to be paid the rent or charge shall have the same right in respect 7 to collecting the tax from the person occupying the room for hire in the 8 tourist home, inn, club, hotel, motel or other similar place of public 9 accommodation, or in respect to nonpayment of the tax by the person 10 occupying the room for hire in the tourist home, inn, club, hotel, motel 11 or similar place of public accommodation, as if the taxes were a part of 12 the rent or charge and payable at the same time as the rent or charge; 13 provided, however, that the chief fiscal officer of the village, speci- 14 fied in such local laws, shall be joined as a party in any action or 15 proceeding brought to collect the tax by the owner or by the person 16 entitled to be paid the rent or charge. 17 (4) Such local laws may provide for the filing of returns and the 18 payment of the taxes on a monthly basis or on the basis of any longer or 19 shorter period of time. 20 (5) This section shall not authorize the imposition of such tax upon 21 any of the following: 22 a. The state of New York, or any public corporation (including a 23 public corporation created pursuant to agreement or compact with another 24 state or the dominion of Canada), improvement district or other poli- 25 tical subdivision of the state; 26 b. The United States of America, insofar as it is immune from taxa- 27 tion; or 28 c. Any corporation or association, or trust, or community chest, fund 29 or foundation organized and operated exclusively for religious, charita- 30 ble or educational purposes, or for the prevention of cruelty to chil- 31 dren or animals, and no part of the net earnings of which inures to the 32 benefit of any private shareholder or individual and no substantial part 33 of the activities of which is carrying on propaganda, or otherwise 34 attempting to influence legislation; provided, however, that nothing in 35 this paragraph shall include an organization operated for the primary 36 purpose of carrying on a trade or business for profit, whether or not 37 all of its profits are payable to one or more organizations described in 38 this paragraph. 39 d. A permanent resident of a hotel or motel. For the purposes of this 40 section, the term "permanent resident" shall mean a natural person occu- 41 pying any room or rooms in a hotel or motel for at least thirty consec- 42 utive days. 43 (6) Any final determination of the amount of any tax payable hereunder 44 shall be reviewable for error, illegality or unconstitutionality or any 45 other reason whatsoever by a proceeding under article seventy-eight of 46 the civil practice law and rules if application therefor is made to the 47 supreme court within thirty days after the giving of notice of such 48 final determination, provided, however, that any such proceeding under 49 article seventy-eight of the civil practice law and rules shall not be 50 instituted unless: 51 a. The amount of any tax sought to be reviewed, with such interest and 52 penalties thereon as may be provided for by local laws or regulations 53 shall be first deposited and there shall be filed an undertaking, issued 54 by a surety company authorized to transact business in this state and 55 approved by the superintendent of financial services of this state as to 56 solvency and responsibility, in such amount as a justice of the supremeS. 7135 3 A. 9692 1 court shall approve to the effect that if such proceeding be dismissed 2 or the tax confirmed the petitioner will pay all costs and charges which 3 may accrue in the prosecution of such proceeding; or 4 b. At the option of the petitioner, such undertaking may be in a sum 5 sufficient to cover the taxes, interests and penalties stated in such 6 determination plus the costs and charges which may accrue against it in 7 the prosecution of the proceeding, in which event the petitioner shall 8 not be required to pay such taxes, interest or penalties as a condition 9 precedent to the application. 10 (7) Where any taxes imposed hereunder shall have been erroneously, 11 illegally or unconstitutionally collected and application for the refund 12 therefor duly made to the proper fiscal officer or officers, and such 13 officer or officers shall have made a determination denying such refund, 14 such determination shall be reviewable by a proceeding under article 15 seventy-eight of the civil practice law and rules, provided, however, 16 that such proceeding is instituted within thirty days after the giving 17 of the notice of such denial, that a final determination of tax due was 18 not previously made, and that an undertaking is filed with the proper 19 fiscal officer or officers in such amount and with such sureties as a 20 justice of the supreme court shall approve to the effect that if such 21 proceeding be dismissed or the taxes confirmed, the petitioner will pay 22 all costs and charges which may accrue in the prosecution of such 23 proceeding. 24 (8) Except in the case of a willfully false or fraudulent return with 25 intent to evade the tax, no assessment of additional tax shall be made 26 after the expiration of more than three years from the date of the 27 filing of a return, provided, however, that where no return has been 28 filed as provided by law the tax may be assessed at any time. 29 (9) All revenues resulting from the imposition of the tax under the 30 local laws shall be paid into the treasury of the village of Harrison 31 and shall be credited to and deposited in the general fund of the 32 village. Such revenues may be used for any lawful purpose. 33 (10) Each enactment of such a local law may provide for the imposition 34 of a hotel or motel tax for a period of time no longer than three years 35 from the date of its enactment. Nothing in this section shall prohibit 36 the adoption and enactment of local laws, pursuant to the provisions of 37 this section, upon the expiration of any other local law adopted pursu- 38 ant to this section. 39 (11) If any provision of this section or the application thereof to 40 any person or circumstance shall be held invalid, the remainder of this 41 section and the application of such provision to other persons or 42 circumstances shall not be affected thereby. 43 § 2. This act shall take effect immediately and shall expire and be 44 deemed repealed September 1, 2019.