S T A T E O F N E W Y O R K
________________________________________________________________________
7262
2021-2022 Regular Sessions
I N A S S E M B L Y
April 29, 2021
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Introduced by M. of A. KELLES -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to imposing a special tax on
artwork, antique furniture, and antique jewelry sold at auction; and
to amend the state finance law, in relation to establishing the art
education fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new article 28-D to read
as follows:
ARTICLE 28-D
SPECIAL TAX ON ARTWORK, ANTIQUE FURNITURE, AND ANTIQUE JEWELRY
SOLD AT AUCTION
SECTION 1190. DEFINITIONS.
1191. IMPOSITION OF SPECIAL TAX.
1192. ADMINISTRATIVE PROVISIONS.
1193. DEPOSIT AND DISPOSITION OF REVENUE.
1194. RULES AND REGULATIONS.
§ 1190. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ART" A WORK OF ART, ARTWORK, ART PIECE, PIECE OF ART OR ART
OBJECT IS AN AESTHETIC PHYSICAL ITEM OR ARTISTIC CREATION.
(B) "ANTIQUE FURNITURE" SHALL BE FURNITURE CREATED OVER ONE HUNDRED
TWENTY-FIVE YEARS AGO.
(C) "ANTIQUE JEWELRY" SHALL BE JEWELRY CREATED OVER ONE HUNDRED TWEN-
TY-FIVE YEARS AGO.
(D) "AUCTION" INCLUDES ANY AUCTION TAKING PLACE IN THE STATE OR BEING
MANAGED BY AN ENTITY THAT HAS A NEW YORK TAX RESALE CERTIFICATE OR HAS A
AUCTIONEER'S LICENSE IN ANY LOCALITY THAT REQUIRES IT WITHIN THE STATE.
§ 1191. IMPOSITION OF SPECIAL TAX. IN ADDITION TO ANY OTHER TAX
IMPOSED BY THIS CHAPTER OR OTHER LAW, THERE IS HEREBY IMPOSED A TAX OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05626-02-1
A. 7262 2
THREE-TENTHS OF ONE PERCENT OR ONE DOLLAR, WHICHEVER IS GREATER, ON THE
RECEIPTS FROM THE SALE OF ART, ANTIQUE FURNITURE OR ANTIQUE JEWELRY AT
AUCTION. THE TAX IS IMPOSED ON THE PURCHASER AND SHALL BE COLLECTED BY
THE ENTITY CONDUCTING THE AUCTION AT THE TIME OF SALE, PROVIDED HOWEVER,
THAT WHERE THE TAX IMPOSED PURSUANT TO THIS SECTION IS NOT COLLECTED BY
THE ENTITY CONDUCTING THE AUCTION THE PURCHASER SHALL REMIT SUCH TAX
DIRECTLY TO THE COMMISSIONER.
§ 1192. ADMINISTRATIVE PROVISIONS. EVERY PERSON REQUIRED TO COLLECT OR
PAY THE TAX IMPOSED UNDER SECTION ELEVEN HUNDRED NINETY-ONE OF THIS
ARTICLE SHALL FILE A RETURN AND PAY SUCH TAX REQUIRED TO BE COLLECTED TO
THE COMMISSIONER OF TAXATION AND FINANCE ON OR BEFORE THE TWENTIETH DAY
AFTER THE CLOSE OF THE QUARTERLY PERIOD IN WHICH THE SALE TOOK PLACE,
NOT DELIVERY OF OBJECT.
§ 1193. DEPOSIT AND DISPOSITION OF REVENUE. THE TAXES COLLECTED OR
RECEIVED BY THE COMMISSIONER UNDER THIS ARTICLE SHALL BE DEPOSITED IN
THE ART EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-UUUU
OF THE STATE FINANCE LAW AND DISPOSED OF PURSUANT TO THE PROVISIONS OF
SUCH SECTION.
§ 1194. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE ALL
RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ARTICLE.
§ 2. The state finance law is amended by adding a new section 97-uuuu
to read as follows:
§ 97-UUUU. ART EDUCATION FUND. 1. THERE IS HEREBY CREATED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A FUND TO BE KNOWN AS THE "ART EDUCATION FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED,
CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW. MONIES IN THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONIES OTHERWISE APPROPRIATED OR RECEIVED
EXCEPT AS HEREBY PROVIDED.
3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE NEW
YORK STATE COUNCIL ON THE ARTS FOR THE PURPOSE OF PROVIDING ASSISTANCE
FOR ART EDUCATION AND ART SUPPLIES AT THE KINDERGARTEN THROUGH TWELFTH
GRADE LEVELS AT PUBLIC SCHOOLS RECEIVING FEDERAL FUNDS PURSUANT TO TITLE
I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF NINETEEN HUNDRED
SIXTY-FIVE, AS AMENDED. AS USED IN THIS SECTION, THE TERM "ART EDUCA-
TION" SHALL INCLUDE THE FOLLOWING ACTIVITIES: PAINTING, VISUAL ARTS,
CERAMICS, FIELD TRIPS TO MUSEUMS OR OTHER INSTITUTIONS RECOGNIZED BY THE
NEW YORK STATE COUNCIL ON THE ARTS, AND STIPENDS FOR ARTISTS IN RESI-
DENCE. ANY MONIES REMAINING IN THE FUND AT THE END OF EACH FISCAL YEAR
WHICH HAVE NOT BEEN EXPENDED FOR ART EDUCATION OR ART SUPPLIES SHALL BE
DEPOSITED INTO THE GENERAL FUND.
4. THE STATE COUNCIL ON THE ARTS SHALL ESTABLISH GUIDELINES NECESSARY
TO ADMINISTER THE FUND. GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO,
QUALIFICATIONS AND CONDITIONS FOR ASSISTANCE AND ANY OTHER TERMS AND
CONDITIONS THE COUNCIL MAY REQUIRE AS NECESSARY TO PROPERLY EFFECTUATE
THE PROVISIONS OF THIS SECTION.
5. THE STATE COUNCIL ON THE ARTS SHALL PROVIDE BY SEPTEMBER FIRST OF
EACH YEAR, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE
AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, A REPORT
CONTAINING GUIDELINES AND AMENDMENTS ESTABLISHED BY THE STATE COUNCIL ON
THE ARTS AND A COMPLETE FINANCIAL STATEMENT INCLUDING, BUT NOT LIMITED
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TO, MONIES ALLOCATED, COLLECTED, TRANSFERRED OR OTHERWISE PAID OR CRED-
ITED TO THE FUND. A PROJECTED SCHEDULE OF DISBURSEMENTS AND RECEIPTS OF
THE FUND FOR THE NEXT FISCAL YEAR SHALL BE INCLUDED IN EACH REPORT. IN
ADDITION, ANY AMENDMENTS TO THE GUIDELINES SHALL BE PROVIDED TO THE
ABOVE LISTED INDIVIDUALS WITHIN THIRTY DAYS OF THEIR ESTABLISHMENT BY
THE STATE COUNCIL ON THE ARTS.
6. NO MONIES SHALL BE PAYABLE FROM THIS FUND, EXCEPT ON THE AUDIT AND
WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED AND SUBMITTED BY THE
CHAIRMAN OF THE STATE COUNCIL ON THE ARTS.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.