S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9865--A
 
                           I N  A S S E M B L Y
 
                              April 24, 2024
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee  on  Ways and Means -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend subdivisions 1 and 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,  in
   relation  to  the  amount of tax authorized; and to amend section 3 of
   chapter 105 of the laws of 2009, amending 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 relating to  reven-
   ues received from the collection of hotel or motel occupancy taxes, in
   relation to the effectiveness 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
 105 of the laws of 2009, 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  six  AND  ONE-HALF  percent  of the per diem rental rate
 charged to occupants for each room, provided, however,  such  tax  shall
 not  be  applicable 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.
   § 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  105  of
 the laws of 2009, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15150-02-4
 A. 9865--A                          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  [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-sixth of such total revenue shall be credited to and depos-
 ited  in a special fund for convention and tourist 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 tourist business.
   (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
 A. 9865--A                          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)  THE COUNTY SHALL BE AUTHORIZED TO RETAIN UP TO ONE PERCENT OF THE
 TOTAL REVENUE TO DEFRAY THE NECESSARY EXPENSES OF THE COUNTY IN ADMINIS-
 TERING THIS TAX. THE REMAINING REVENUE SHALL BE THE DISTRIBUTION AMOUNT,
 ALLOCATED AS FOLLOWS:
   (A) Revenues from the tax imposed by such local law up  to  an  amount
 equal  to  [one-sixth]  TWO-THIRTEENTHS of such [total revenue] DISTRIB-
 UTION AMOUNT shall be credited to and deposited 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  allo-
 cated  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)] (B) Revenue from the tax imposed by  such  local  law  equal  to
 [one-third] FOUR-THIRTEENTHS of such [total revenue] DISTRIBUTION AMOUNT
 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 depos-
 ited 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  ancillary  facilities  shall  include but not be
 A. 9865--A                          4
 
 limited to, any buildings, structures,  parking  facilities,  machinery,
 equipment, facilities and appurtenances incidental thereto; and
   [(3)]  (C)  Revenues  from  the tax imposed by such local law equal to
 [one-half] SIX-THIRTEENTHS of such [total revenue]  DISTRIBUTION  AMOUNT
 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 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 exclu-
 sively by the Albany convention center  authority  for  the  development
 (including  construction), operation, repair, continuing use and mainte-
 nance 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[.]; AND
   (D) REVENUES FROM THE TAX IMPOSED BY SUCH LOCAL LAW EQUAL TO ONE-THIR-
 TEENTH OF SUCH DISTRIBUTION AMOUNT SHALL BE PAID INTO  THE  TREASURY  OF
 THE  COUNTY  OF  ALBANY  AND  SHALL  BE CREDITED TO AND DEPOSITED INTO A
 SPECIAL FUND FOR ECONOMIC DEVELOPMENT ACTIVITIES,  BUSINESS  DEVELOPMENT
 AND  GROWTH,  AND  FOR PROMOTING ALBANY COUNTY. THE REVENUE DERIVED FROM
 THIS PORTION OF THE TAX, AS SO AUTHORIZED BY LOCAL LAW, SHALL  BE  ALLO-
 CATED  TO PAY FOR SERVICES PERFORMED SUBJECT TO THE TERMS AND CONDITIONS
 CONTAINED IN CONTRACTS WHICH MAY BE ENTERED INTO BETWEEN THE COUNTY  AND
 THE ADVANCE ALBANY COUNTY ALLIANCE. THE FUNDS SO ALLOCATED SHALL BE USED
 FOR THE PURPOSE OF ECONOMIC DEVELOPMENT ACTIVITIES, BUSINESS DEVELOPMENT
 AND GROWTH, AND FOR PROMOTING ALBANY COUNTY.
   [(c)]  (2)  The state does hereby pledge to and agree with the holders
 of the bonds or notes described in [paragraph (d)] SUBPARAGRAPH THREE of
 this subdivision that the state will not in any way  impair  the  rights
 and  remedies  of  the  bondholders  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 notehold-
 ers are fully met and discharged.
   [(d)] (3) It is hereby determined  that  [(1)]  (A)  the  acquisition,
 development  (including construction), operation and repair and continu-
 ing 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,  and  [(2)]  (B)   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 are for the benefit of the people of  the  city
 of  Albany,  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  govern-
 mental function in the exercise of the powers conferred by this act.
   §  3.   Section 3 of chapter 105 of the laws of 2009, amending 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
 A. 9865--A                          5
 
 relating to revenues received from the  collection  of  hotel  or  motel
 occupancy  taxes,  as  amended  by  chapter  337 of the laws of 2023, is
 amended to read as follows:
   §  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, [2024] 2027; provided that Albany county shall  notify  the
 legislative  bill  drafting commission upon the occurrence of the enact-
 ment 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  offi-
 cers law.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to subdivisions 1 and 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,  made  by
 sections  one  and  two  of this act shall not affect the repeal of such
 subdivisions and shall be deemed repealed therewith.