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A00423 Summary:

BILL NOA00423
 
SAME ASSAME AS S00817
 
SPONSORTague
 
COSPNSR
 
MLTSPNSR
 
Amd §1202-jj, Tax L (as proposed in S.9271-A & A.10234)
 
Clarifies the scope of the occupancy tax in the village of Coxsackie.
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A00423 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           423
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by M. of A. TAGUE -- read once and referred to the Committee
          on Ways and Means
 
        AN ACT to amend the tax law, in relation to the  occupancy  tax  in  the
          village of Coxsackie
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1 and 3 of section 1202-jj of the tax law,  as
     2  added  by a chapter of the laws of 2024 amending the tax law relating to
     3  establishing an occupancy tax in the village of Coxsackie,  as  proposed
     4  in legislative bills numbers S. 9271-A and A. 10234, are amended to read
     5  as follows:
     6    (1)  Notwithstanding  any other provisions of law to the contrary, the
     7  village of Coxsackie, in the county of Greene, is hereby authorized  and
     8  empowered  to adopt and amend local laws imposing in such village a tax,
     9  in addition to any other tax authorized and  imposed  pursuant  to  this
    10  article, such as the legislature has or would have the power and author-
    11  ity to impose upon persons occupying any [facility or short-term rental]
    12  hotel or motel providing lodging on an overnight basis. For the purposes
    13  of  this  section,  the  term  "hotel" or "motel" shall mean and include
    14  any facility providing lodging on an overnight basis and  shall  include
    15  those  facilities  designated  and commonly known  as  "bed  and  break-
    16  fast"  and "tourist" facilities.  The rates of such tax  shall  be  four
    17  percent  of  the  per  diem rental rate for each room provided, however,
    18  such tax shall not be applicable to a permanent resident of [facility or
    19  short-term rental] a hotel or motel.  For the purposes of  this  section
    20  the  term "permanent resident" shall mean a person occupying any room or
    21  rooms in any [facility or short-term rental] hotel  or  motel  providing
    22  lodging on an overnight basis for at least thirty consecutive days.
    23    (3)  Such  local laws may provide that any taxes imposed shall be paid
    24  by the person liable therefor to the owner of any  [facility  or  short-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02890-01-5

        A. 423                              2

     1  term  rental]  hotel  or  motel  providing lodging on an overnight basis
     2  occupied or to the person entitled to be paid the rent or charge for the
     3  [facility or short-term rental] hotel or motel providing lodging  on  an
     4  overnight  basis occupied for and on account of the village of Coxsackie
     5  imposing the taxes and that such owner or person entitled to be paid the
     6  rent or charge shall be liable for the collection  and  payment  of  the
     7  taxes;  and  that  such  owner or person entitled to be paid the rent or
     8  charge shall have the same right in respect to collecting the taxes from
     9  the person occupying the [facility or short-term rental] hotel or  motel
    10  providing  lodging  on an overnight basis or in respect to nonpayment of
    11  the taxes by the person occupying the [facility  or  short-term  rental]
    12  hotel  or motel providing lodging on an overnight basis, as if the taxes
    13  were a part of the rent or charge and payable at the same  time  as  the
    14  rent  or  charge; provided, however, that the village treasurer or other
    15  fiscal officers of the village, specified in such local laws,  shall  be
    16  joined  as  a  party  in any action or proceeding brought to collect the
    17  taxes by the owner or by the person entitled to  be  paid  the  rent  or
    18  charge.
    19    §  2.  This  act  shall  take  effect on the same date and in the same
    20  manner as a chapter of the laws of 2024 amending the tax law relating to
    21  establishing an occupancy tax in the village of Coxsackie,  as  proposed
    22  in legislative bills numbers S. 9271-A and A. 10234, takes effect.
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