NY State Assembly Bill 2009-A2805

Assembly Bill A2805

Signed By Governor

2009-2010 Legislative Session

Authorizes Ontario county to impose additional rates of sales and compensating use taxes

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 11, 2009	signed chap.94
Jul 10, 2009	delivered to governor
Jul 09, 2009	returned to assembly repassed senate home rule request vote reconsidered - restored to third reading
Jun 30, 2009	passed senate home rule request 3rd reading cal.191 substituted for s1565a
Jun 15, 2009	referred to rules passed assembly home rule request
Jun 16, 2009	delivered to senate
Jun 10, 2009	ordered to third reading rules cal.185 rules report cal.185 reported reported referred to rules
May 27, 2009	print number 2805a
May 27, 2009	amend and recommit to ways and means
Jan 21, 2009	referred to ways and means

Votes

- Jul 9, 2009 - Floor Vote
  A2805
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 9, 2009
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young

Bill Amendments

Original

A (Active)

2009-A2805 - Details

2009-A2805 - Summary

Authorizes Ontario county to impose additional rates of sales and compensating use taxes at a rate that is three-eights of one percent.

2009-A2805 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2805

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the tax law, in relation to authorizing  Ontario  county
  to impose additional rates of sales and compensating use taxes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Clause 40 of subparagraph (i) of the opening  paragraph  of
section  1210  of  the tax law, as amended by chapter 485 of the laws of
2007, is amended to read as follows:
  (40) the county of Ontario is hereby further authorized and  empowered
to  adopt  and amend local laws, ordinances or resolutions imposing such
taxes at a rate that is: (A) one-eighth of one percent additional to the
three percent rate authorized above in this paragraph  for  such  county
for  the period beginning June first, two thousand six and ending Novem-
ber thirtieth, two thousand [nine] ELEVEN; AND ALSO (B) AT A  RATE  THAT
IS  THREE-EIGHTHS  OF  ONE  PERCENT ADDITIONAL TO THE THREE PERCENT RATE
AUTHORIZED ABOVE IN THIS PARAGRAPH, AND THAT IS ALSO ADDITIONAL  TO  THE
ONE-EIGHTH  OF ONE PERCENT RATE AUTHORIZED IN THIS CLAUSE FOR SUCH COUN-
TY, FOR THE PERIOD BEGINNING MARCH FIRST, TWO THOUSAND NINE  AND  ENDING
NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN;
  S  2.  Subparagraph  (iii) of the opening paragraph of section 1210 of
the tax law, as amended by chapter 65 of the laws of 2008, is amended to
read as follows:
  (iii) the maximum rate referred to in section twelve  hundred  twenty-
four  of  this  article  shall  be  calculated  without reference to the
following additional rates authorized in subparagraphs (i) and  (ii)  of
this paragraph: one and one-half percent for the county of Allegany; one
percent  for  the  counties  of  Rensselaer, Erie, Cattaraugus, Wyoming,
Ulster, Albany, Suffolk, Greene, Orleans, Franklin,  Herkimer,  Genesee,
Columbia,  Schuyler, Chenango, Monroe, Steuben, Chemung, Seneca, Living-
ston, Niagara, Yates, Tioga,  Montgomery,  Delaware,  Wayne,  Schoharie,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04795-01-9

A. 2805                             2

Putnam, Clinton and Onondaga and the cities of Yonkers, Mount Vernon and
New  Rochelle;  three-quarters of one percent for the counties of Dutch-
ess, Essex, Lewis, Orange, Jefferson and  Chautauqua;  one  percent  and
three-quarters  of one percent or one-half of one percent for the county
of Oneida; three-quarters of one percent and one-half of one percent for
the county of Nassau; one-half of one percent  and  one-quarter  of  one
percent  for  the  city of White Plains; one-half or one percent for the
county of Tompkins; three-eighths of one percent and five-eighths of one
percent for the county of Rockland; one-half  of  one  percent  for  the
counties  of  Putnam  and  Schenectady;  one-eighth  of  one percent AND
THREE-EIGHTHS OF ONE PERCENT for the county of Ontario; one-half of  one
percent and one-half of one percent for the county of Sullivan;
  S  3.  Subdivision  (gg)  of  section 1224 of the tax law, as added by
chapter 37 of the laws of 2006, is amended to read as follows:
  (gg) The county of Ontario shall have the sole  right  to  impose  the
additional   one-eighth   of  one  percent  [rate]  AND  THE  ADDITIONAL
THREE-EIGHTHS OF ONE PERCENT RATES of tax which such county  is  author-
ized  to  impose pursuant to the authority of section twelve hundred ten
of this article. Such additional [rate] RATES of tax shall be  in  addi-
tion  to  any  other tax which such county may impose or may be imposing
pursuant to this article or any other law  and  such  additional  [rate]
RATES  of  tax  shall not be subject to preemption. NET COLLECTIONS FROM
THE ADDITIONAL THREE-EIGHTHS OF ONE PERCENT RATE IMPOSED PURSUANT TO THE
AUTHORITY OF SUBCLAUSE (B) OF CLAUSE FORTY OF SUBPARAGRAPH  (I)  OF  THE
OPENING PARAGRAPH OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE SHALL BE
SET  ASIDE  FOR  COUNTY PURPOSES AND SHALL NOT BE SUBJECT TO ANY REVENUE
DISTRIBUTION AGREEMENT ENTERED INTO PURSUANT TO THE AUTHORITY OF  SUBDI-
VISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OR SECTION TWELVE HUNDRED
SIXTY-TWO-R  OF  THIS  ARTICLE,  AS ADDED BY CHAPTER THIRTY-SEVEN OF THE
LAWS OF TWO THOUSAND SIX. The maximum three percent rate referred to  in
this  section  shall  be  calculated without reference to the additional
one-eighth of one percent OR THREE-EIGHTHS OF ONE PERCENT  rate  of  tax
which  the county of Ontario is authorized and empowered to adopt pursu-
ant to section twelve hundred ten of this article.
  S 4.  Notwithstanding any other provision of law to the  contrary,  if
Ontario  county adopts or amends a local law, ordinance or resolution to
impose, effective March 1, 2009, the  additional  three-eighths  of  one
percent rate of sales and compensating use taxes authorized by this act,
such  local law, ordinance or resolution shall take effect in accordance
with the provisions of subdivision (d) of section 1210 of the  tax  law,
except that the minimum notice requirements to the commissioner of taxa-
tion  and  finance shall be deemed complied with if the county mails, by
certified or registered mail, a certified copy of such local law,  ordi-
nance  or  resolution to the commissioner at his or her office in Albany
on or before January 30, 2009.
  S 5. This act shall take effect immediately.

2009-A2805A (ACTIVE) - Details

2009-A2805A (ACTIVE) - Summary

Authorizes Ontario county to impose additional rates of sales and compensating use taxes at a rate that is three-eights of one percent.

2009-A2805A (ACTIVE) - Sponsor Memo

2009-A2805A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2805--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Ways and Means  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the tax law, in relation to authorizing Ontario county
  to impose additional rates of sales and compensating use taxes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Clause 40 of subparagraph (i) of the opening paragraph of
section 1210 of the tax law, as amended by chapter 485 of  the  laws  of
2007, is amended to read as follows:
  (40)  the county of Ontario is hereby further authorized and empowered
to adopt and amend local laws, ordinances or resolutions  imposing  such
taxes at a rate that is: (A) one-eighth of one percent additional to the
three  percent  rate  authorized above in this paragraph for such county
for the period beginning June first, two thousand six and ending  Novem-
ber  thirtieth,  two thousand [nine] ELEVEN; AND ALSO (B) AT A RATE THAT
IS THREE-EIGHTHS OF ONE PERCENT ADDITIONAL TO  THE  THREE  PERCENT  RATE
AUTHORIZED  ABOVE  IN THIS PARAGRAPH, AND THAT IS ALSO ADDITIONAL TO THE
ONE-EIGHTH OF ONE PERCENT RATE AUTHORIZED IN THIS CLAUSE FOR SUCH  COUN-
TY,  FOR  THE  PERIOD  BEGINNING  SEPTEMBER FIRST, TWO THOUSAND NINE AND
ENDING NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN;
  S 2. Subparagraph (iii) of the opening paragraph of  section  1210  of
the tax law, as amended by chapter 65 of the laws of 2008, is amended to
read as follows:
  (iii)  the  maximum rate referred to in section twelve hundred twenty-
four of this article  shall  be  calculated  without  reference  to  the
following  additional  rates authorized in subparagraphs (i) and (ii) of
this paragraph: one and one-half percent for the county of Allegany; one
percent for the counties  of  Rensselaer,  Erie,  Cattaraugus,  Wyoming,
Ulster,  Albany,  Suffolk, Greene, Orleans, Franklin, Herkimer, Genesee,
Columbia, Schuyler, Chenango, Monroe, Steuben, Chemung, Seneca,  Living-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04795-02-9

A. 2805--A                          2

ston,  Niagara,  Yates,  Tioga,  Montgomery, Delaware, Wayne, Schoharie,
Putnam, Clinton and Onondaga and the cities of Yonkers, Mount Vernon and
New Rochelle; three-quarters of one percent for the counties  of  Dutch-
ess,  Essex,  Lewis,  Orange,  Jefferson and Chautauqua; one percent and
three-quarters of one percent or one-half of one percent for the  county
of Oneida; three-quarters of one percent and one-half of one percent for
the  county  of  Nassau;  one-half of one percent and one-quarter of one
percent for the city of White Plains; one-half or one  percent  for  the
county of Tompkins; three-eighths of one percent and five-eighths of one
percent  for  the  county  of  Rockland; one-half of one percent for the
counties of Putnam  and  Schenectady;  one-eighth  of  one  percent  AND
THREE-EIGHTHS  OF ONE PERCENT for the county of Ontario; one-half of one
percent and one-half of one percent for the county of Sullivan;
  S 3. Subdivision (gg) of section 1224 of the  tax  law,  as  added  by
chapter 37 of the laws of 2006, is amended to read as follows:
  (gg)  The  county  of  Ontario shall have the sole right to impose the
additional  one-eighth  of  one  percent  [rate]  AND   THE   ADDITIONAL
THREE-EIGHTHS  OF  ONE PERCENT RATES of tax which such county is author-
ized to impose pursuant to the authority of section twelve  hundred  ten
of  this  article. Such additional [rate] RATES of tax shall be in addi-
tion to any other tax which such county may impose or  may  be  imposing
pursuant  to  this  article  or any other law and such additional [rate]
RATES of tax shall not be subject to preemption.  NET  COLLECTIONS  FROM
THE ADDITIONAL THREE-EIGHTHS OF ONE PERCENT RATE IMPOSED PURSUANT TO THE
AUTHORITY  OF  SUBCLAUSE  (B) OF CLAUSE FORTY OF SUBPARAGRAPH (I) OF THE
OPENING PARAGRAPH OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE SHALL BE
SET ASIDE FOR COUNTY PURPOSES AND SHALL NOT BE SUBJECT  TO  ANY  REVENUE
DISTRIBUTION  AGREEMENT ENTERED INTO PURSUANT TO THE AUTHORITY OF SUBDI-
VISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OR SECTION TWELVE HUNDRED
SIXTY-TWO-R OF THIS ARTICLE, AS ADDED BY  CHAPTER  THIRTY-SEVEN  OF  THE
LAWS  OF TWO THOUSAND SIX. The maximum three percent rate referred to in
this section shall be calculated without  reference  to  the  additional
one-eighth  of  one  percent OR THREE-EIGHTHS OF ONE PERCENT rate of tax
which the county of Ontario is authorized and empowered to adopt  pursu-
ant to section twelve hundred ten of this article.
  S  4.   Notwithstanding any other provision of law to the contrary, if
Ontario county adopts or amends a local law, ordinance or resolution  to
impose, effective September 1, 2009, the additional three-eighths of one
percent rate of sales and compensating use taxes authorized by this act,
such  local law, ordinance or resolution shall take effect in accordance
with the provisions of subdivision (d) of section 1210 of the  tax  law,
except that the minimum notice requirements to the commissioner of taxa-
tion  and  finance shall be deemed complied with if the county mails, by
certified or registered mail, a certified copy of such local law,  ordi-
nance  or  resolution to the commissioner at his or her office in Albany
on or before July 30, 2009.
  S 5. This act shall take effect immediately.

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