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S00816 Summary:

BILL NOS00816
 
SAME ASSAME AS A00422
 
SPONSORHINCHEY
 
COSPNSR
 
MLTSPNSR
 
Amd §1202-bbb, Tax L (as proposed in S.9264-A & A.9911-A)
 
Specifies the occupancy tax in the village of Catskill shall only apply to hotels and motels.
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S00816 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           816
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the tax law, in relation to the  occupancy  tax  in  the
          village of Catskill

          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-bbb 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 Catskill, as proposed in
     4  legislative  bills  numbers S. 9264-A and A. 9911-A, are amended to read
     5  as follows:
     6    (1) Notwithstanding any other provisions of law to the  contrary,  the
     7  village  of  Catskill, 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  any
    14  facility providing lodging on an overnight basis and shall include those
    15  facilities  designated  and  commonly  known  as "bed and breakfast" and
    16  "tourist" facilities. The rates of such tax shall be four percent of the
    17  per diem rental rate for each room provided, however, such tax shall not
    18  be applicable to a permanent resident of [facility or short-term rental]
    19  hotel or motel.  For the purposes of this section  the  term  "permanent
    20  resident" shall mean a person occupying any room or rooms in any [facil-
    21  ity  or  short-term rental] hotel or motel providing lodging on an over-
    22  night 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.
                                                                   LBD02887-01-5

        S. 816                              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 Catskill
     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 Catskill, as proposed in
    22  legislative bills numbers S. 9264-A and A.  9911-A,  takes  effect;  and
    23  provided,  however,  that  the amendments to section 1202-bbb of the tax
    24  law, made by section one of this act, shall not affect the expiration of
    25  such section and shall be deemed repealed therewith.
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