§ 1262-G — The Monroe county sales tax adjustment act

New York § 1262-G

• Jurisdiction: New York
• Law TAX: Tax
• Part 4: Disposition of Revenues
• Art. 29: Taxes Authorized For Cities, Counties and School Districts

Text

* § 1262-g. The Monroe county sales tax adjustment act. 1. As used in\nthis section, the following terms shall mean:\n (a) Annual fiscal year. A twelve-month time period which begins on\nJuly first and ends June thirtieth of the following year. The first\nannual fiscal year shall begin on July first, nineteen hundred\nninety-one and end on June thirtieth, nineteen hundred ninety-two.\n (b) Sales tax revenue. The net amount of sales and compensating use\ntaxes collected by the state of New York during an annual fiscal year\nand thereafter distributed to the county of Monroe.\n (c) Sales tax increase. That amount by which sales tax revenue for an\nannual fiscal year exceeds the amount of sales tax revenue for the\nimmediately preceding annual fiscal year.\n (d) Sales tax decrease. That amount by which sales tax revenue for an\nannual fiscal year is less than the amount of sales tax revenue for the\nimmediately preceding annual fiscal year.\n 2. Notwithstanding any other provisions of law to the contrary, on and\nafter July first, nineteen hundred ninety-two, the county of Monroe\nshall allocate sales tax increases as follows:\n (a) In the event there is a sales tax increase during any annual\nfiscal year, beginning on July first, nineteen hundred ninety-two or\nthereafter, subject to the provisions of paragraph (b) of this\nsubdivision:\n (i) fifty percent of such sales tax increase shall be allocated to the\ncity of Rochester, subject, however, to the limitation set forth in\nsubparagraph (iv) of this paragraph; and\n (ii) fifty percent of the sales tax increase shall be allocated\npursuant to section twelve hundred sixty-two of this article, subject\nhowever, to the exceptions hereinafter set forth in clauses (A) and (B)\nof this subparagraph:\n (A) The amounts allocated to the school districts outside the city of\nRochester shall be equal to the amount of money which would have been\nreceived by those districts from said sales tax increase prior to the\napplication of this section, which increased funds for those school\ndistricts shall be deducted from that portion of the sales tax increase\nallocated to the county of Monroe; and\n (B) The amounts allocated to all of the villages located within the\ncounty of Monroe shall be equal to the amount of money which would have\nbeen received by those villages from said sales tax increase prior to\nthe application of this section, which increased funds for those\nvillages shall be deducted from that portion of the sales tax increase\nallocated to the county of Monroe; and\n (iii) The remainder of the sales tax revenue shall be allocated in\naccordance with the same allocation that was made during the immediately\npreceding annual fiscal year; and\n (iv) At no time during an annual fiscal year shall the amount of sales\ntax revenue allocated to the city of Rochester pursuant to the\nprovisions of this section and section twelve hundred sixty-two of this\narticle exceed thirty-five and sixty-three one hundredths percent of the\ntotal sales tax revenue. Any sales tax revenue that would have been\notherwise allocated to the city of Rochester shall be allocated in\naccordance with section twelve hundred sixty-two of this article except\nthat none of the additional sales tax revenue shall be allocated to the\ncity of Rochester.\n (b) In the event that there is a sales tax decrease during any annual\nfiscal year, beginning on July first, nineteen hundred ninety-two or\nthereafter:\n (i) The amount of the sales tax decrease shall be borne by the county\nof Monroe, city of Rochester and the area in the county of Monroe\noutside the city of Rochester in the same proportion in which the\npreceding year's overall allocations were made;\n (ii) in the first annual fiscal year, or, if necessary, years\nfollowing the annual fiscal year, or years, of sales tax decrease,\nduring which there is a sales tax increase, an amount equal to the total\nsales tax decrease shall be subtracted from the sales tax increase and\nsuch amount shall be allocated to the county of Monroe, the city of\nRochester and the area in the county of Monroe outside the city of\nRochester in the same amounts as subtracted in the sales tax decrease\nyear;\n (iii) the remainder of the sales tax increase, if any, shall be\nallocated on the same basis as set forth in paragraph (a) of this\nsubdivision; and\n (iv) the remainder of the sales tax revenue shall be allocated in\naccordance with the same allocation that was made during the immediately\npreceding annual fiscal year.\n (c) The allocation required by this section for an annual fiscal year\nshall be made during such year at the same time that allocation is made\nfor sales tax revenue apportioned pursuant to section twelve hundred\nsixty-two of this article.\n 3. The provisions of this section shall terminate if a payroll tax or\nincome tax is enacted for the city of Rochester on the same date that\nsuch payroll tax or income tax becomes effective, and the sales tax\nincrease allocation pursuant to this section shall not be utilized after\nsuch date.\n * NB There are 2 § 1262-g's\n