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S06386 Summary:

BILL NOS06386
 
SAME ASSAME AS A07334
 
SPONSORGRIFFO
 
COSPNSR
 
MLTSPNSR
 
Amd §§1210 & 1262-g, Tax L
 
Extends the authority of Oneida county to impose additional rates of sales and compensating use taxes and to allocate and distribute a portion of net collections from such additional rates.
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S06386 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6386
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 13, 2025
                                       ___________
 
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the tax law, in relation to authorizing Oneida county to
          impose additional rates  of  sales  and  compensating  use  taxes  and
          providing  for  allocation  and  distribution  of  a  portion  of  net
          collections from such additional rates
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Clause 13 of subparagraph (i) of the opening paragraph of
     2  section 1210 of the tax law, as amended by chapter 246 of  the  laws  of
     3  2023, is amended to read as follows:
     4    (13)  the  county of Oneida is hereby further authorized and empowered
     5  to adopt and amend local laws, ordinances or resolutions  imposing  such
     6  taxes  at  a  rate  which  is:  (i)  one percent additional to the three
     7  percent rate authorized above in this paragraph for such county for  the
     8  period beginning September first, nineteen hundred ninety-two and ending
     9  November  thirtieth,  two  thousand [twenty-five] twenty-seven; and also
    10  (ii) at a rate which is three-quarters of one percent or one-half of one
    11  percent additional to the three percent rate authorized  above  in  this
    12  paragraph,  and  which  is  also additional to the one percent rate also
    13  authorized above in this clause for such county, for the  period  begin-
    14  ning  December  first, two thousand eight and ending November thirtieth,
    15  two thousand [twenty-five] twenty-seven;
    16    § 2. Section 1262-g of the tax law, as amended by chapter 246  of  the
    17  laws of 2023, is amended to read as follows:
    18     §   1262-g.   Oneida   county  allocation  and  distribution  of  net
    19  collections from the additional one percent rate of sales and compensat-
    20  ing use taxes. Notwithstanding any contrary provision  of  law,  if  the
    21  county  of  Oneida  imposes  sales  and compensating use taxes at a rate
    22  which is one percent additional to the three percent rate authorized  by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08078-01-5

        S. 6386                             2
 
     1  section  twelve  hundred  ten  of  this  article,  as authorized by such
     2  section, (a) where a city in such county imposes  tax  pursuant  to  the
     3  authority  of  subdivision  (a) of such section twelve hundred ten, such
     4  county shall allocate, distribute and pay in cash quarterly to such city
     5  one-half  of  the  net  collections  attributable to such additional one
     6  percent rate of the county's taxes collected in such city's  boundaries;
     7  (b)  where  a  city  in  such county does not impose tax pursuant to the
     8  authority of such subdivision (a) of such section  twelve  hundred  ten,
     9  such county shall allocate, distribute and pay in cash quarterly to such
    10  city  not  so imposing tax a portion of the net collections attributable
    11  to one-half of the county's additional one percent rate  of  tax  calcu-
    12  lated  on  the  basis of the ratio which such city's population bears to
    13  the county's total population, such populations as determined in accord-
    14  ance with the latest decennial  federal  census  or  special  population
    15  census  taken  pursuant  to  section twenty of the general municipal law
    16  completed and published prior to the end of the quarter  for  which  the
    17  allocation is made, which special census must include the entire area of
    18  the  county;  and (c) provided, however, that such county shall dedicate
    19  the first one million five hundred thousand dollars of  net  collections
    20  attributable to such additional one percent rate of tax received by such
    21  county  after the county receives in the aggregate eighteen million five
    22  hundred thousand dollars of net collections  from  such  additional  one
    23  percent rate of tax imposed for any of the periods: September first, two
    24  thousand  twelve  through  August  thirty-first,  two thousand thirteen;
    25  September first, two thousand thirteen through August thirty-first,  two
    26  thousand  fourteen;  and  September first, two thousand fourteen through
    27  August thirty-first, two thousand fifteen; September first, two thousand
    28  fifteen through August thirty-first, two thousand sixteen; and September
    29  first, two thousand sixteen through August  thirty-first,  two  thousand
    30  seventeen;  September first, two thousand seventeen through August thir-
    31  ty-first, two thousand eighteen; September first, two thousand  eighteen
    32  through  August  thirty-first, two thousand twenty; September first, two
    33  thousand twenty through August thirty-first, two thousand  twenty-three;
    34  [and]  September first, two thousand twenty-three through August thirty-
    35  first, two thousand twenty-five; and September first, two thousand twen-
    36  ty-five through August thirty-first, two thousand  twenty-seven,  to  an
    37  allocation  on  a  per  capita  basis, utilizing figures from the latest
    38  decennial federal census or special population census taken pursuant  to
    39  section  twenty  of  the  general municipal law, completed and published
    40  prior to the end of the year for which such allocation  is  made,  which
    41  special  census must include the entire area of such county, to be allo-
    42  cated and distributed among the towns of Oneida county by  appropriation
    43  of  its  board  of  legislators;  provided, further, that nothing herein
    44  shall require such board of legislators to make any  such  appropriation
    45  until it has been notified by any town by appropriate resolution and, in
    46  any  case  where  there  is  a village wholly or partly located within a
    47  town, a resolution of every such village,  embodying  the  agreement  of
    48  such  town and village or villages upon the amount of such appropriation
    49  to be distributed to such village or villages out of the  allocation  to
    50  the town or towns in which it is located.
    51    § 3. This act shall take effect immediately.
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