S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6694
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN ACT to amend the tax law and chapter 535 of the laws of 1987,  amend-
   ing  the  tax  law relating to the city of Yonkers personal income tax
   surcharge, in  relation  to  extending  the  expiration  date  of  the
   personal income tax surcharge

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (a) of section 1321 of the tax law,  as  amended
 by chapter 83 of the laws of 2017, is amended to read as follows:
   (a)  General.    Notwithstanding  any  other  provision  of law to the
 contrary, but subject to the limitations and  conditions  set  forth  in
 this  article,  any  city in this state having a population of more than
 one hundred eighty thousand but less than two hundred  fifteen  thousand
 inhabitants,  acting  through  its  local  legislative  body,  is hereby
 authorized and empowered to adopt and amend local laws imposing  in  any
 such  city,  for  taxable years beginning after nineteen hundred eighty-
 three and before two thousand [twenty] TWENTY-TWO,  a  city  income  tax
 surcharge on residents of such city at a rate not to exceed nineteen and
 one-quarter  percent of the net state tax as defined in section thirteen
 hundred twenty-three of this article, such city income tax surcharge  to
 be  administered,  collected  and  distributed  by  the  commissioner as
 provided for in this article.
   § 2. Subsection (c) of section 1321 of the  tax  law,  as  amended  by
 chapter 83 of the laws of 2017, is amended to read as follows:
   (c)  Effectiveness  of  local  law and filing with commissioner. (i) A
 local law enacted pursuant to the authority of  this  section  shall  go
 into  effect  on  the first day of January, nineteen hundred eighty-four
 and shall apply to taxable years beginning on or  after  such  date  and
 before  two  thousand  [twenty] TWENTY-TWO.   Provided, however, no such
 local law shall be so effective unless such local law is enacted by July
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06844-01-9

 A. 6694                             2
 
 thirty-first, nineteen hundred eighty-four and unless a  certified  copy
 of  such  local  law  is  mailed  by registered or certified mail to the
 commissioner at the commissioner's office in Albany by such  date.  (ii)
 If  the  requirements of paragraph (i) of this subsection are not met, a
 local law enacted pursuant to the authority of  this  section  shall  go
 into  effect  on  the first day of the next succeeding January and shall
 apply to taxable years beginning on or after such date  and  before  two
 thousand  [twenty]  TWENTY-TWO.    Provided,  however, no such local law
 shall be so effective unless such local law is enacted at  least  ninety
 days  prior to the date it is to become effective and unless a certified
 copy of such local law is mailed by registered or certified mail to  the
 commissioner  at  such  commissioner's  office  in  Albany by such date.
 However, the commissioner may waive and reduce such ninety  day  minimum
 requirements  within a period of not less than thirty days prior to such
 effective date if such commissioner deems such action to  be  consistent
 with  such commissioner's duties under this article. (iii) Any amendment
 of such a local law enacted pursuant to the authority of  this  section,
 which  changes  the rate of the income tax surcharge on residents, shall
 take effect on the first day of January in the year in which such amend-
 ment is enacted and shall apply to taxable years beginning on  or  after
 such  date,  if such amendment is enacted on or before July thirty-first
 of the year in which it is to take effect and a certified copy  of  such
 amendment  is mailed by registered or certified mail to the commissioner
 at his or her office in Albany by such date. (iv) If the requirements of
 paragraph (iii) of this subsection are not met, the  amendment  of  such
 local  law  shall go into effect on the first day of the next succeeding
 January and shall apply to taxable years  beginning  on  or  after  such
 date,  provided  that  no  such amendment shall take effect unless it is
 enacted at least ninety days prior to the date it is to become effective
 and a certified copy thereof is mailed by registered or  certified  mail
 to the commissioner at his or her office in Albany by such date. (v) Any
 amendment to the provisions of article twenty-two of this chapter to the
 extent  that  such  amendment  is  applicable  to  the  city  income tax
 surcharge imposed under such local law, shall be  deemed  to  have  been
 incorporated in the analogous provision or provisions of such local law.
   §  3.  Subsection  (b)  of  section 1340 of the tax law, as amended by
 chapter 83 of the laws of 2017, is amended to read as follows:
   (b) (i) A local law enacted pursuant to the authority of this  section
 shall  go  into  effect  on  the  first day of January, nineteen hundred
 eighty-four and shall apply to taxable years beginning on or after  such
 date and before two thousand [twenty] TWENTY-TWO.  Provided, however, no
 such local law shall be so effective unless such local law is enacted by
 July  thirty-first,  nineteen hundred eighty-four and unless a certified
 copy of such local law is mailed by registered or certified mail to  the
 commissioner  at such commissioner's office in Albany by such date. (ii)
 If the requirements of the preceding sentence are not met, a  local  law
 enacted  pursuant  to the authority of this section shall go into effect
 on the first day of the next succeeding January and shall apply to taxa-
 ble years beginning on or after such date and before two thousand [twen-
 ty] TWENTY-TWO. Provided, however, no such local law shall be so  effec-
 tive  unless such local law is enacted at least ninety days prior to the
 date it is to become effective and unless a certified copy of such local
 law is mailed by registered or certified mail  to  the  commissioner  at
 such  commissioner's office in Albany by such date. However, the commis-
 sioner may waive and reduce such ninety day minimum requirements  within
 a  period  of  not less than thirty days prior to such effective date if

 A. 6694                             3
 
 such commissioner deems such action to be consistent with  such  commis-
 sioner's  duties under this article. (iii) Any amendment of such a local
 law enacted pursuant to the authority of the section, which changes  the
 rate  of the income tax surcharge on residents, shall take effect on the
 first day of January in the year in which such amendment is enacted  and
 shall  apply  to  taxable years beginning on or after such date, if such
 amendment is enacted on or before July thirty-first of the year in which
 it is to take effect and a certified copy of such amendment is mailed by
 registered or certified mail to the commissioner at his or her office in
 Albany by such date. (iv) If the requirements of paragraph (iii) of this
 subsection are not met, the amendment of such local law  shall  go  into
 effect  on  the first day of the next succeeding January and shall apply
 to taxable years beginning on or after such date, provided that no  such
 amendment  shall  take  effect unless it is enacted at least ninety days
 prior to the date it is to become effective and a certified copy thereof
 is mailed by registered or certified mail to the commissioner at his  or
 her office in Albany by such date.
   §  4.  Section  3 of subsection (c) of section 1340 of the tax law, as
 amended by chapter 83 of the  laws  of  2017,  is  amended  to  read  as
 follows:
   § 3. Taxable years to which tax imposed by this local law applies. The
 tax  imposed  by  this  local law is imposed for taxable years beginning
 after December thirty-first, nineteen hundred  eighty-three  and  before
 January first, two thousand [twenty] TWENTY-TWO.
   §  5.  Section  6 of chapter 535 of the laws of 1987, amending the tax
 law relating to the city of Yonkers personal income  tax  surcharge,  as
 amended  by  chapter  83  of  the  laws  of  2017, is amended to read as
 follows:
   § 6. This act shall take effect immediately and shall apply to taxable
 years beginning after 1986 provided, however, that section five of  this
 act shall expire on September 30, [2019] 2021.
   § 6. This act shall take effect immediately.