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A07966 Summary:

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A07966 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7966
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 12, 2013
                                       ___________
 
        Introduced by M. of A. DUPREY -- read once and referred to the Committee
          on Ways and Means
 
        AN  ACT  to  amend the tax law, in relation to authorizing the county of
          Franklin to establish hotel and motel taxes
 
          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-cc to
     2  read as follows:
     3    § 1202-cc. Hotel or motel taxes in Franklin county. (1)  Notwithstand-
     4  ing  any other provisions of law to the contrary, the county of Franklin
     5  is hereby authorized and empowered to adopt and amend local laws  impos-
     6  ing  in  such  county a tax, in addition to any other tax authorized and
     7  imposed pursuant to this article such as the county legislature  has  or
     8  would  have  the  power  and  authority to impose upon persons occupying
     9  hotel or motel rooms in such county. For the purposes of  this  section,
    10  the  term "hotel" or "motel" shall mean and include any facility provid-
    11  ing lodging on an overnight basis and  shall  include  those  facilities

    12  designated  and  commonly  known  as  "bed  and breakfast" and "tourist"
    13  facilities.
    14    The rates of such tax shall not exceed five percent of  the  per  diem
    15  rental  rate for each room, provided however, that such tax shall not be
    16  applicable to a permanent resident of a hotel or motel. For the purposes
    17  of this section the term "permanent resident" shall mean a person  occu-
    18  pying  any room or rooms in a hotel or motel for at least thirty consec-
    19  utive days.
    20    (2) Such tax may be collected and administered by the county treasurer
    21  or other fiscal officers of Franklin county by such means  and  in  such
    22  manner  as  other taxes which are now collected and administered by such

    23  officers or as otherwise may be provided by such local law.
    24    (3) Such local laws may provide that any tax imposed shall be paid  by
    25  the person liable therefor to the owner of the hotel or motel room occu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11436-02-3
        A. 7966                             2
 
     1  pied  or  to  the  person entitled to be paid the rent or charge for the
     2  hotel or motel room occupied for and on account of the county of  Frank-
     3  lin  imposing  the tax and that such owner or person entitled to be paid
     4  the rent or charge shall be liable for the collection and payment of the

     5  tax;  and  that  such  owner  or  person entitled to be paid the rent or
     6  charge shall have the same right in respect to collecting the  tax  from
     7  the  person  occupying the hotel or motel room, or in respect to nonpay-
     8  ment of the tax by the person occupying the hotel or motel room,  as  if
     9  the  tax  were a part of the rent or charge and payable at the same time
    10  as the rent or charge; provided, however, that the county  treasurer  or
    11  other  fiscal officers of the county, specified in such local law, shall
    12  be joined as a party in any action or proceeding brought to collect  the
    13  tax  by  the  owner  or  by  the  person entitled to be paid the rent or
    14  charge.
    15    (4) Such local laws may provide for the  filing  of  returns  and  the

    16  payment  of  the tax on a monthly basis or on the basis of any longer or
    17  shorter period of time.
    18    (5) This section shall not authorize the imposition of such  tax  upon
    19  any  transaction,  by  or  with  any of the following in accordance with
    20  section twelve hundred thirty of this article:
    21    a. The state of New York,  or  any  public  corporation  (including  a
    22  public corporation created pursuant to agreement or compact with another
    23  state  or  the  Dominion of Canada), improvement district or other poli-
    24  tical subdivision of the state;
    25    b. The United States of America, insofar as it is  immune  from  taxa-
    26  tion;
    27    c.  Any corporation or association, or trust, or community chest, fund

    28  or foundation organized and operated exclusively for religious, charita-
    29  ble or educational purposes, or for the prevention of cruelty  to  chil-
    30  dren  or animals, and no part of the net earnings of which inures to the
    31  benefit of any private shareholder or individual and no substantial part
    32  of the activities of which  is  carrying  on  propaganda,  or  otherwise
    33  attempting  to influence legislation; provided, however, that nothing in
    34  this paragraph shall include an organization operated  for  the  primary
    35  purpose  of  carrying  on a trade or business for profit, whether or not
    36  all of its profits are payable to one or more organizations described in
    37  this paragraph.
    38    (6) Any final determination of the amount of any tax payable  pursuant

    39  to this section shall be reviewable for error, illegality or unconstitu-
    40  tionality  or  any other reason whatsoever by a proceeding under article
    41  seventy-eight of the civil practice law and rules if application  there-
    42  for  is made to the supreme court within thirty days after the giving of
    43  the notice of such final determination, provided, however, that any such
    44  proceeding under article seventy-eight of the  civil  practice  law  and
    45  rules shall not be instituted unless:
    46    a. The amount of any tax sought to be reviewed, with such interest and
    47  penalties  thereon  as  may  be  provided for by local law or regulation
    48  shall be first deposited and there is filed an undertaking, issued by  a

    49  surety  company  authorized  to  transact  business  in  this  state and
    50  approved by the superintendent of financial services of this state as to
    51  solvency and responsibility, in such amount as a justice of the  supreme
    52  court  shall  approve to the effect that if such proceeding be dismissed
    53  or the tax confirmed the petitioner will pay all costs and charges which
    54  may accrue in the prosecution of such proceeding; or
    55    b. At the option of the petitioner such undertaking may be  in  a  sum
    56  sufficient  to  cover  the taxes, interests and penalties stated in such
        A. 7966                             3
 
     1  determination plus the costs and charges which may accrue against it  in

     2  the  prosecution  of the proceeding, in which event the petitioner shall
     3  not be required to pay such taxes, interest or penalties as a  condition
     4  precedent to the application.
     5    (7)  Where  any  tax  imposed pursuant to this section shall have been
     6  erroneously, illegally or unconstitutionally collected  and  application
     7  for  the  refund thereof duly made to the proper fiscal officer or offi-
     8  cers, and such officer or officers shall have made a determination deny-
     9  ing such refund, such determination shall be reviewable by a  proceeding
    10  under  article  seventy-eight  of  the  civil  practice  law  and rules,
    11  provided, however, that such proceeding is instituted within thirty days

    12  after the giving of the notice of such denial,  that  a  final  determi-
    13  nation  of  tax  due was not previously made, and that an undertaking is
    14  filed with the proper fiscal officer or officers in such amount and with
    15  such sureties as a justice of the supreme court  shall  approve  to  the
    16  effect  that  if  such proceeding be dismissed or the tax confirmed, the
    17  petitioner will pay all costs and charges which may accrue in the prose-
    18  cution of such proceeding.
    19    (8) Except in the case of a wilfully false or fraudulent  return  with
    20  intent  to  evade the tax, no assessment of additional tax shall be made
    21  after the expiration of more than three  years  from  the  date  of  the
    22  filing  of  a  return,  provided, however, that where no return has been

    23  filed as provided by law the tax may be assessed at any time.
    24    (9) All revenues resulting from the imposition of the  tax  under  the
    25  local laws shall be paid into the treasury of the county of Franklin and
    26  shall  be  credited  to and deposited in the general fund of the county,
    27  thereafter to be allocated for the  promotion  of  tourism  development,
    28  economic  development,  and other directly related and supporting activ-
    29  ities; provided, however, that such local laws shall  provide  that  the
    30  county  of Franklin shall be authorized to retain up to a maximum of ten
    31  percent of such revenues to defer the necessary expenses of such  county
    32  in administering such tax.
    33    (10)  If  any  provision of this section or the application thereof to

    34  any person or circumstance shall be held invalid, the remainder of  this
    35  section  and  the  application  of  such  provision  to other persons or
    36  circumstances shall not be affected thereby.
    37    (11) Each enactment of such local law may provide for  the  imposition
    38  of  a hotel or motel tax for a period of time no longer than three years
    39  from the effective date of its enactment. Nothing in this section  shall
    40  prohibit  the  adoption  and  enactment  of  local laws, pursuant to the
    41  provisions of this section, upon the expiration of any other  local  law
    42  adopted pursuant to this section.
    43    § 2. This act shall take effect immediately.