S T A T E O F N E W Y O R K
________________________________________________________________________
321
Extraordinary Session
I N S E N A T E
June 23, 2009
___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
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-
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04662-09-9
S. 321 2
(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
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
S. 321 3
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
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.
S. 321 4
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.