Assembly Bill A5222

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

    S. 2096--A                                            A. 5222--A
    Cal. No. 542

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 11, 2009
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations  --  reported  favorably  from  said
  committee and committed to the Committee on Finance -- reported favor-
  ably  from  said  committee, ordered to first report, amended on first
  report, ordered to a second report and  ordered  reprinted,  retaining
  its place in the order of second report

IN  ASSEMBLY  -- Introduced by M. of A. McENENY, CANESTRARI -- 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 chapter 693 of the laws of 1980, enabling the county of
  Albany to impose and collect taxes on  occupancy  of  hotel  or  motel
  rooms  in  Albany  county,  in  relation to revenues received from the
  collection of hotel or motel occupancy taxes  and  providing  for  the
  repeal of such provisions upon expiration thereof

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

  Section 1.  Subdivision 1 of section 1 of chapter 693 of the  laws  of
1980, enabling the county of Albany to impose and collect taxes on occu-
pancy  of  hotel  or motel rooms in Albany county, as amended by chapter
375 of the laws of 1985, is amended to read as follows:
  (1) Notwithstanding any other provisions of law to the  contrary,  the
county  of  Albany is hereby authorized and empowered to adopt and amend
local laws imposing in such county a tax in addition to any tax  author-
ized  and imposed pursuant to article twenty-nine of the tax law such as
the legislature has or would have the power and authority to  impose  on
persons occupying hotel or motel rooms in such county. The rates of such
tax  shall be [three] SIX percent of the per diem rental rate charged to
occupants for each room, provided, however, such tax shall not be appli-

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

                                                           LBD04662-08-9

S. 2096--A                          2                         A. 5222--A

cable to a permanent resident of a hotel or motel. For the  purposes  of
this section the term "permanent resident" shall mean a person occupying
any  room  or  rooms in a hotel or motel for at least thirty consecutive
days.
  S  2.  Subdivision  9 of section 1 of chapter 693 of the laws of 1980,
enabling the county of Albany to impose and collect taxes  on  occupancy
of  hotel  or motel rooms in Albany county, as amended by chapter 375 of
the laws of 1985, is amended to read as follows:
  (9) All revenues resulting from the imposition of the  tax  under  the
local  law  shall  be paid into the treasury of the county of Albany and
shall be credited to and deposited into [two]  THREE  special  funds  as
follows:
  (a)  UNTIL THE COMPLETION DATE AS DEFINED IN SUBPARAGRAPH FOUR OF THIS
PARAGRAPH:
  (1) Revenues from the tax imposed by such local law up  to  an  amount
equal  to  [one-third] ONE-SIXTH of such total revenue shall be credited
to and deposited in a special fund for convention and  tourist  develop-
ment provided, however, that such local law shall provide that the coun-
ty  shall  be  authorized to retain up to a maximum of ten per centum of
such revenue to defray the necessary expenses of the county in  adminis-
tering such tax. The revenue derived from THIS PORTION OF the tax, after
deducting  the amount provided for administering such tax, as so author-
ized by local law, shall be allocated  to  pay  for  services  performed
subject  to the terms and conditions contained in contracts which may be
entered into between the county and the  Albany  County  Convention  and
Visitors  Bureau,  Inc.  The  funds  so  allocated shall be used for the
purpose of promoting Albany county, its cities, towns and  villages,  in
order to increase convention/trade show and tourist business.
  [(b)]  (2)  Revenues  from  the tax imposed by such local law equal to
two-thirds of such total revenue shall be credited to and deposited in a
special account to be known as the "civic center debt service  fund"  to
be  created  by the county of Albany therefor and to be maintained sepa-
rate and apart from any other funds and accounts of the  county.  Moneys
in  such  account  shall be deposited in one or more of the banks desig-
nated in the manner provided by law, as a depository  of  the  funds  of
such  county.  Pending expenditure from such fund, moneys therein may be
invested in the manner provided in section 6-f of the general  municipal
law  or  in a successor statute to such section authorizing the types of
investments which may be made by political  subdivisions.  Any  interest
earned  or  capital gain realized on the moneys so deposited or invested
shall accrue and become part of the fund. Such  local  law  may  provide
that  any  moneys  in such fund shall be used, subject to appropriation,
solely for the purpose of making debt service  payments  on  obligations
issued  by the county to finance the acquisition, development (including
construction), operation and repair and continuing use  and  maintenance
of  a  civic  center  and  ancillary  facilities  therefor  (the "Albany
project") at a site located in the city of Albany, county of Albany  and
state  of  New  York,  bounded  generally by the South Mall Arterial and
South Pearl, Howard and Eagle streets (the "Albany site")  which  ancil-
lary  facilities  shall  include  but  not be limited to, any buildings,
structures, parking facilities,  machinery,  equipment,  facilities  and
appurtenances incidental thereto.
  (3) REVENUES FROM THE TAX IMPOSED BY SUCH LOCAL LAW EQUAL TO ONE-SIXTH
OF  SUCH  TOTAL  REVENUE SHALL BE CREDITED TO AND DEPOSITED IN A SPECIAL
FUND TO BE KNOWN AS THE "ALBANY CONVENTION CENTER AUTHORITY FUND" TO  BE
CREATED  BY  THE COUNTY OF ALBANY THEREFOR AND TO BE MAINTAINED SEPARATE

S. 2096--A                          3                         A. 5222--A

AND APART FROM ANY OTHER FUNDS AND ACCOUNTS OF THE COUNTY.    MONEYS  IN
SUCH  ACCOUNT  SHALL BE DEPOSITED IN ONE OR MORE OF THE BANKS DESIGNATED
IN THE MANNER PROVIDED BY LAW, AS A DEPOSITORY  OF  THE  FUNDS  OF  SUCH
COUNTY.  PENDING  EXPENDITURE  FROM  SUCH  FUND,  MONEYS  THEREIN MAY BE
INVESTED IN THE MANNER PROVIDED IN SECTION 6-F OF THE GENERAL  MUNICIPAL
LAW  OR  IN A SUCCESSOR STATUTE TO SUCH SECTION AUTHORIZING THE TYPES OF
INVESTMENTS WHICH MAY BE MADE BY POLITICAL  SUBDIVISIONS.  ANY  INTEREST
EARNED  OR  CAPITAL GAIN REALIZED ON THE MONEYS SO DEPOSITED OR INVESTED
SHALL ACCRUE AND BECOME PART OF THE FUND. MONEYS IN THIS FUND  SHALL  BE
USED  SOLELY  AND  EXCLUSIVELY BY THE ALBANY CONVENTION CENTER AUTHORITY
FOR THE DEVELOPMENT OF A CONVENTION CENTER PROJECT TO BE LOCATED IN  THE
CITY  OF  ALBANY.  THE  COUNTY SHALL PAY THE MONEYS IN SUCH FUND OVER TO
SUCH AUTHORITY UPON APPLICATION FOR SUCH MONEYS BY THE AUTHORITY.
  (4) AS USED IN THIS SUBDIVISION, THE TERM "COMPLETION DATE" SHALL MEAN
THE DATE ON WHICH THE ARCHITECT FOR THE CONVENTION CENTER PROJECT ISSUES
A CERTIFICATE OF SUBSTANTIAL COMPLETION IN SUBSTANTIAL  CONFORMITY  WITH
AIA  DOCUMENT  G704-2000  STATING THAT THE CONVENTION CENTER FACILITY IS
SUFFICIENTLY COMPLETE IN ACCORDANCE WITH THE CONTRACT OR  CONTRACTS  FOR
CONSTRUCTION  THAT THE OWNER CAN OCCUPY OR UTILIZE THE CONVENTION CENTER
FACILITY FOR ITS INTENDED USE.
  (B) ON AND AFTER THE COMPLETION DATE AS DEFINED IN  SUBPARAGRAPH  FOUR
OF PARAGRAPH (A) OF THIS SUBDIVISION:
  (1)  REVENUES  FROM  THE TAX IMPOSED BY SUCH LOCAL LAW UP TO AN AMOUNT
EQUAL TO ONE-SIXTH OF SUCH TOTAL REVENUE SHALL BE CREDITED TO AND DEPOS-
ITED IN A SPECIAL FUND FOR CONVENTION AND TOURISM DEVELOPMENT  PROVIDED,
HOWEVER,  THAT  SUCH  LOCAL  LAW  SHALL PROVIDE THAT THE COUNTY SHALL BE
AUTHORIZED TO RETAIN UP TO A MAXIMUM OF TEN PER CENTUM OF  SUCH  REVENUE
TO  DEFRAY  THE  NECESSARY  EXPENSES OF THE COUNTY IN ADMINISTERING SUCH
TAX.  THE REVENUE DERIVED FROM THIS PORTION OF THE TAX, AFTER  DEDUCTING
THE  AMOUNT  PROVIDED  FOR  ADMINISTERING  SUCH TAX, AS SO AUTHORIZED BY
LOCAL LAW, SHALL BE ALLOCATED TO PAY FOR SERVICES PERFORMED  SUBJECT  TO
THE  TERMS  AND  CONDITIONS  CONTAINED IN CONTRACTS WHICH MAY BE ENTERED
INTO BETWEEN THE COUNTY AND THE ALBANY COUNTY  CONVENTION  AND  VISITORS
BUREAU,  INC.  THE  FUNDS  SO ALLOCATED SHALL BE USED FOR THE PURPOSE OF
PROMOTING ALBANY COUNTY, ITS CITIES, TOWNS AND  VILLAGES,  IN  ORDER  TO
INCREASE CONVENTION/TRADE SHOW AND TOURISM BUSINESS; AND
  (2)  REVENUE FROM THE TAX IMPOSED BY SUCH LOCAL LAW EQUAL TO ONE-THIRD
OF SUCH TOTAL REVENUE SHALL BE CREDITED TO AND DEPOSITED  IN  A  SPECIAL
ACCOUNT  TO  BE  KNOWN  AS  THE  "CIVIC  CENTER DEBT SERVICE FUND" TO BE
CREATED BY THE COUNTY OF ALBANY THEREFOR AND TO BE  MAINTAINED  SEPARATE
AND  APART  FROM  ANY  OTHER FUNDS AND ACCOUNTS OF THE COUNTY. MONEYS IN
SUCH ACCOUNT SHALL BE DEPOSITED IN ONE OR MORE OF THE  BANKS  DESIGNATED
IN  THE  MANNER  PROVIDED  BY  LAW, AS A DEPOSITORY OF THE FUNDS OF SUCH
COUNTY. PENDING EXPENDITURE  FROM  SUCH  FUND,  MONEYS  THEREIN  MAY  BE
INVESTED  IN THE MANNER PROVIDED IN SECTION 6-F OF THE GENERAL MUNICIPAL
LAW OR IN A SUCCESSOR STATUTE TO SUCH SECTION AUTHORIZING THE  TYPES  OF
INVESTMENTS  WHICH  MAY  BE MADE BY POLITICAL SUBDIVISIONS. ANY INTEREST
EARNED OR CAPITAL GAIN REALIZED ON THE MONEYS SO DEPOSITED  OR  INVESTED
SHALL  ACCRUE  AND  BECOME  PART OF THE FUND. SUCH LOCAL LAW MAY PROVIDE
THAT ANY MONEYS IN SUCH FUND SHALL BE USED,  SUBJECT  TO  APPROPRIATION,
SOLELY  FOR  THE  PURPOSE OF MAKING DEBT SERVICE PAYMENTS ON OBLIGATIONS
ISSUED BY THE COUNTY TO FINANCE THE ACQUISITION, DEVELOPMENT  (INCLUDING
CONSTRUCTION),  OPERATION  AND REPAIR AND CONTINUING USE AND MAINTENANCE
OF A  CIVIC  CENTER  AND  ANCILLARY  FACILITIES  THEREFOR  (THE  "ALBANY
PROJECT")  AT A SITE LOCATED IN THE CITY OF ALBANY, COUNTY OF ALBANY AND
STATE OF NEW YORK, BOUNDED GENERALLY BY  THE  SOUTH  MALL  ARTERIAL  AND

S. 2096--A                          4                         A. 5222--A

SOUTH  PEARL,  HOWARD AND EAGLE STREETS (THE "ALBANY SITE") WHICH ANCIL-
LARY FACILITIES SHALL INCLUDE BUT NOT  BE  LIMITED  TO,  ANY  BUILDINGS,
STRUCTURES,  PARKING  FACILITIES,  MACHINERY,  EQUIPMENT, FACILITIES AND
APPURTENANCES INCIDENTAL THERETO; AND
  (3)  REVENUES FROM THE TAX IMPOSED BY SUCH LOCAL LAW EQUAL TO ONE-HALF
OF SUCH TOTAL REVENUE SHALL THEREAFTER BE CREDITED TO AND  DEPOSITED  IN
THE  "ALBANY  CONVENTION  CENTER AUTHORITY FUND" AND SHALL BE MAINTAINED
SEPARATE AND APART FROM ANY OTHER FUNDS  AND  ACCOUNTS  OF  THE  COUNTY.
MONEYS  IN  SUCH  ACCOUNT SHALL BE DEPOSITED IN ONE OR MORE OF THE BANKS
DESIGNATED IN THE MANNER PROVIDED BY LAW, AS A DEPOSITORY OF  THE  FUNDS
OF  SUCH  COUNTY. PENDING EXPENDITURE FROM SUCH FUND, MONEYS THEREIN MAY
BE INVESTED IN THE MANNER PROVIDED IN SECTION 6-F OF THE GENERAL MUNICI-
PAL LAW OR IN A SUCCESSOR STATUTE TO SUCH SECTION AUTHORIZING THE  TYPES
OF  INVESTMENTS WHICH MAY BE MADE BY POLITICAL SUBDIVISIONS.  ANY INTER-
EST EARNED OR CAPITAL GAIN  REALIZED  ON  THE  MONEYS  SO  DEPOSITED  OR
INVESTED  SHALL  ACCRUE AND BECOME PART OF THE FUND. MONEYS IN THIS FUND
SHALL BE USED SOLELY AND EXCLUSIVELY BY  THE  ALBANY  CONVENTION  CENTER
AUTHORITY  FOR  THE  DEVELOPMENT  (INCLUDING  CONSTRUCTION),  OPERATION,
REPAIR, CONTINUING USE AND MAINTENANCE OF A CONVENTION CENTER PROJECT TO
BE LOCATED IN THE CITY OF ALBANY  AND  SHALL  INCLUDE  PAYMENT  OF  DEBT
SERVICE  FOLLOWING  COMPLETION OF CONSTRUCTION OF SUCH CONVENTION CENTER
PROJECT. THE COUNTY SHALL PAY THE MONEYS  IN  SUCH  FUND  OVER  TO  SUCH
AUTHORITY UPON APPLICATION FOR SUCH MONEYS BY THE AUTHORITY.
  (C)  THE STATE DOES HEREBY PLEDGE TO AND AGREE WITH THE HOLDERS OF THE
BONDS OR NOTES DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION  THAT  THE
STATE  WILL  NOT  IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF THE BOND-
HOLDERS OR NOTEHOLDERS UNTIL SAID BONDS OR NOTES, TOGETHER WITH INTEREST
THEREON, WITH INTEREST ON ANY UNPAID INSTALLMENTS OR  INTEREST  AND  ALL
COSTS  AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING BY OR ON
BEHALF OF THE BONDHOLDERS OR NOTEHOLDERS ARE FULLY MET AND DISCHARGED.
  [(c)] (D) It is hereby determined that (1) the  acquisition,  develop-
ment  (including  construction), operation and repair and continuing use
and maintenance of the Albany project and the leasing of all or any part
of the Albany site and the issuance of bonds or notes by said county for
such purposes [is], AND (2) DEVELOPMENT (INCLUDING CONSTRUCTION) OF  THE
ALBANY  CONVENTION  CENTER PROJECT AND THE LEASING OF ALL OR ANY PART OF
THE ALBANY CONVENTION CENTER PROJECT AND THE ISSUANCE OF BONDS OR  NOTES
BY  SAID  AUTHORITY  FOR  SUCH  PURPOSES  ARE  for a proper governmental
purpose and [is] ARE for the benefit of the people of the CITY OF  ALBA-
NY,  THE  county  of Albany AND THE STATE OF NEW YORK and the same shall
continue to be regarded as used in the  performance  of  a  governmental
function in the exercise of the powers conferred by this act.
  S  3.    This act shall take effect upon the adoption by the county of
Albany of a local law imposing in such county the  additional  occupancy
tax  authorized  by  this  act  and  shall expire and be deemed repealed
December 31, 2010; provided that Albany county shall notify the legisla-
tive bill drafting commission upon the occurrence of  the  enactment  of
such local law in order that the commission may maintain an accurate and
timely effective data base of the official text of the laws of the state
of  New York in furtherance of effecting the provisions of section 44 of
the legislative law and section 70-b of the public officers law.