LBD09824-14-9
A. 7081 2
Allegany, Ulster, Albany, Rensselaer, Tompkins, Wyoming, Columbia,
Schuyler, Rockland, Chenango, Monroe, Chemung, Seneca, Sullivan, Wayne,
Livingston, Schenectady, Montgomery, Delaware, Clinton, Niagara, Yates,
Lewis, Essex, Dutchess, Schoharie, Putnam, Chautauqua, Orange, Oswego,
Ontario, Jefferson, St. Lawrence, WESTCHESTER or Onondaga and by the
county of Cortland and the city of Cortland and by the county of Broome
and the city of Binghamton and by the county of Cayuga and the city of
Auburn and by the county of Otsego and the city of Oneonta and by the
county of Madison and the city of Oneida and by the county of Fulton and
the city of Gloversville or the city of Johnstown as provided in section
twelve hundred ten of this article) at a rate in excess of three
percent, except that, [in the city of Yonkers,] in the city of Mount
Vernon, in the city of New Rochelle, in the city of Fulton [and], in the
city of Oswego, [the rate may not be in excess of four percent] and in
the city of White Plains, the rate may not be in excess of four percent,
AND IN THE CITY OF YONKERS, THE RATE MAY NOT BE IN EXCESS OF FOUR AND
ONE-HALF PERCENT, and except that in the city of Poughkeepsie in the
county of Dutchess, if such county withdraws from the metropolitan
commuter transportation district pursuant to section twelve hundred
seventy-nine-b of the public authorities law and if the revenues from a
three-eighths percent rate of such tax imposed by such county, pursuant
to the authority of section twelve hundred ten of this article, are
required by local laws, ordinances or resolutions to be set aside for
mass transportation purposes, the rate may not be in excess of three and
three-eighths percent.
§ 3. Subdivision (a) of section 1223 of the tax law, as amended by
section two of this act, is amended to read as follows:
(a) No transaction taxable under sections twelve hundred two through
twelve hundred four of this article shall be taxed pursuant to this
article by any county or by any city located therein, or by both, at an
aggregate rate in excess of the highest rate set forth in the applicable
subdivision of section twelve hundred one of this article or, in the
case of any taxes imposed pursuant to the authority of section twelve
hundred ten or twelve hundred eleven of this article (other than taxes
imposed by the county of Nassau, Erie, Steuben, Cattaraugus, Suffolk,
Oneida, Genesee, Greene, Franklin, Hamilton, Herkimer, Tioga, Orleans,
Allegany, Ulster, Albany, Rensselaer, Tompkins, Wyoming, Columbia,
Schuyler, Rockland, Chenango, Monroe, Chemung, Seneca, Sullivan, Wayne,
Livingston, Schenectady, Montgomery, Delaware, Clinton, Niagara, Yates,
Lewis, Essex, Dutchess, Schoharie, Putnam, Chautauqua, Orange, Oswego,
Ontario, Jefferson, St. Lawrence, Westchester or Onondaga and by the
county of Cortland and the city of Cortland and by the county of Broome
and the city of Binghamton and by the county of Cayuga and the city of
Auburn and by the county of Otsego and the city of Oneonta and by the
county of Madison and the city of Oneida and by the county of Fulton and
the city of Gloversville or the city of Johnstown as provided in section
twelve hundred ten of this article) at a rate in excess of three
percent, except that, IN THE CITY OF YONKERS, in the city of Mount
Vernon, in the city of New Rochelle, in the city of Fulton, in the city
of Oswego, and in the city of White Plains, the rate may not be in
excess of four percent[, and in the city of Yonkers, the rate may not be
in excess of four and one-half percent], and except that in the city of
Poughkeepsie in the county of Dutchess, if such county withdraws from
the metropolitan commuter transportation district pursuant to section
twelve hundred seventy-nine-b of the public authorities law and if the
revenues from a three-eighths percent rate of such tax imposed by such
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county, pursuant to the authority of section twelve hundred ten of this
article, are required by local laws, ordinances or resolutions to be set
aside for mass transportation purposes, the rate may not be in excess of
three and three-eighths percent.
§ 4. Section 1224 of the tax law is amended by adding a new subdivi-
sion (jj) to read as follows:
(JJ) THE COUNTY OF WESTCHESTER SHALL HAVE THE SOLE RIGHT TO IMPOSE THE
ADDITIONAL ONE PERCENT RATE OF TAX WHICH SUCH COUNTY IS AUTHORIZED TO
IMPOSE PURSUANT TO THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS
ARTICLE IN THE AREA OF THE COUNTY OUTSIDE THE CITIES OF MOUNT VERNON,
NEW ROCHELLE, WHITE PLAINS AND YONKERS. SUCH ADDITIONAL RATE OF TAX
SHALL BE IN ADDITION TO ANY OTHER TAX WHICH SUCH COUNTY MAY IMPOSE OR
MAY BE IMPOSING PURSUANT TO THIS ARTICLE OR ANY OTHER LAW AND SUCH ADDI-
TIONAL RATE OF TAX SHALL NOT BE SUBJECT TO PREEMPTION. THE MAXIMUM THREE
PERCENT RATE REFERRED TO IN THIS SECTION SHALL BE CALCULATED WITHOUT
REFERENCE TO THE ADDITIONAL ONE PERCENT RATE OF TAX WHICH THE COUNTY OF
WESTCHESTER IS AUTHORIZED AND EMPOWERED TO ADOPT PURSUANT TO SECTION
TWELVE HUNDRED TEN OF THIS ARTICLE.
§ 5. Section 1262-b of the tax law, as amended by section 1 of part A
of chapter 8 of the laws of 2004, is amended to read as follows:
§ 1262-b. The Westchester county property tax stabilization and relief
act. [(a)] Notwithstanding any other provision of law to the contrary[,
if]: (A) IF the county of Westchester imposes sales and compensating use
taxes pursuant to subdivision (a) of section twelve hundred ten of this
article at the rate of three percent:
(1) The county shall allocate ONE-HALF OF net collections from such
taxes imposed [at the rate of one and one-half percent] PURSUANT TO
SUBDIVISION (A) OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE countywide
among the cities and towns of the county on the basis of the ratio which
the full valuation of real property in each city or town bears to the
aggregate full valuation of real property in all cities and towns of the
county. Amounts so allocated shall be credited to each of said cities
and towns against the county taxes levied upon real property in said
cities and towns.
(2) The county shall allocate and credit or pay ONE-THIRD OF net
collections [received by the county by reason of its additional one
percent rate of] FROM such taxes [on] IMPOSED PURSUANT TO SUBDIVISION
(A) OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE TO the area of the
county outside any city imposing sales and compensating use taxes at a
rate of one and one-half percent or greater pursuant to the authority of
subdivision (a) or at any rate pursuant to the authority of subdivision
(b) of section twelve hundred ten of this article as follows:
(A) One-third of such net collections shall be allocated and credited
in the manner set forth in paragraph one of this subdivision.
(B) One-sixth of such net collections shall be allocated and paid
quarterly by the county commissioner of finance, in cash, to the several
school districts in such area of the county outside any such city impos-
ing sales and compensating use taxes. Such allocation and payment, to
such several school districts, shall be made on the basis of the ratio
which the population of each such school district bears to the aggregate
population of all of the school districts in such area. In the case of
school districts which are partially within and partially without the
county, or partially within or partially without the area of the county
outside a city imposing sales and compensating use taxes, the allocation
and payment to each such school district shall be made on the basis of
the population in such school district in the county, or in such area of
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the county outside a city imposing sales and compensating use taxes, as
the case may be. Such populations shall be determined in accordance with
the latest federal census or special population census under section
twenty of the general municipal law completed and published prior to the
end of the quarter in which such allocation and payment are made, which
special population census shall include the entire area of the county;
provided that such special population census shall not be taken more
than once in every two years. A school district split between Westches-
ter county and another county shall apply such allocation and payment
solely to the benefit of the residents of the county in which the sales
and compensating use taxes are imposed.
(C) One-half of such net collections shall be allocated and paid quar-
terly by the county commissioner of finance, in cash, to the cities not
imposing sales and compensating use taxes and to the towns and villages
on which such [additional one percent] rate is imposed, on the basis of
the ratio which the population of each such city, town or village on
which such [additional one percent] rate is imposed bears to the entire
population of all such cities, towns and villages in the area on which
such [additional one percent] rate is imposed. Such populations shall be
determined in accordance with the latest federal census or special popu-
lation census under section twenty of the general municipal law
completed and published prior to the end of the quarter in which such
allocation is made, which special population census shall include the
entire area of the county; provided that such special population census
shall not be taken more than once in every two years.
(D) The quarterly allocation and payment of cash to cities, towns,
villages and school districts provided for under this paragraph and
under paragraph three of this subdivision AND UNDER SUBDIVISION (B) OF
THIS SECTION may be made after payment by the state comptroller to the
county of the net collections subject to such allocation and receipt by
the county commissioner of finance of the quarterly settlement report
issued by the department, and may include adjustments for corrections
applicable to such allocations. All ratios established by the county
commissioner of finance with respect to allocations to cities, towns,
villages and school districts under this subdivision AND UNDER SUBDIVI-
SION (B) OF THIS SECTION shall be carried to four decimal places. The
allocation of net collections and payment of cash provided for under
this paragraph and under paragraph three of this subdivision AND UNDER
SUBDIVISION (B) OF THIS SECTION shall be made to a town based upon the
population of the town less the population of any village therein,
provided that a town/village or village/town shall be deemed a village
for the purpose of determining such allocation. The allocation of net
collections and payment of cash provided for under this paragraph and
under paragraph three of this subdivision AND UNDER SUBDIVISION (B) OF
THIS SECTION shall be applied by the cities, towns, villages and school
districts receiving such allocation and payment as a credit against the
taxes upon real property imposed by such municipalities and school
districts, respectively. The allocation and payment received by towns
shall be credited against real property taxes in either the general fund
town-wide or the town outside village fund or a combination thereof.
(3) The county shall allocate and credit or pay ONE-SIXTH OF net
collections [received by the county by reason of its additional one-half
percent rate of] FROM such taxes imposed [on] PURSUANT TO SUBDIVISION
(A) OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE TO the area of the
county outside any city imposing sales and compensating use taxes at a
rate of one and one-half percent or greater pursuant to the authority of
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subdivision (a) or at any rate pursuant to the authority of subdivision
(b) of section twelve hundred ten of this article as follows:
(A) Seventy percent of such net collections shall be retained by the
county to be used for any county purpose.
(B) Ten percent of such net collections shall be allocated and paid in
the manner set forth in subparagraph (B) of paragraph two of this subdi-
vision.
(C) Twenty percent of such net collections shall be allocated and paid
in the manner set forth in subparagraph (C) of paragraph two of this
subdivision.
(b) IF THE COUNTY OF WESTCHESTER IMPOSES THE ADDITIONAL ONE PERCENT
RATE OF SALES AND COMPENSATING USE TAX AUTHORIZED BY CLAUSE FORTY-TWO OF
SUBPARAGRAPH (I) OF THE OPENING PARAGRAPH OF SECTION TWELVE HUNDRED TEN
OF THIS ARTICLE, THE COUNTY SHALL ALLOCATE AND CREDIT OR PAY NET
COLLECTIONS FROM SUCH ADDITIONAL ONE PERCENT RATE IN THE MANNER SET
FORTH IN PARAGRAPH THREE OF SUBDIVISION (A) OF THIS SECTION WITH RESPECT
TO THE AREA OF THE COUNTY OUTSIDE ANY CITY IMPOSING SALES AND COMPENSAT-
ING USE TAXES AT A RATE OF ONE AND ONE-HALF PERCENT OR GREATER PURSUANT
TO THE AUTHORITY OF SUBDIVISION (A) OF SECTION TWELVE HUNDRED TEN OF
THIS ARTICLE OR AT ANY RATE PURSUANT TO THE AUTHORITY OF SUBDIVISION (B)
OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE.
(C) Nothing in this section shall be construed to impair the powers of
a city currently imposing sales and compensating use taxes pursuant to
the authority of section twelve hundred ten of this article from contin-
uing to do so in accordance with law. No school district in any city
imposing such sales and compensating use taxes shall be entitled to
receive a cash allocation and payment under paragraph two or three of
subdivision (a) OR UNDER SUBDIVISION (B) of this section. No city, town
or village authorized or entitled to receive an allocation under subpar-
agraph (C) of paragraph two or subparagraph (C) of paragraph three of
subdivision (a) OR UNDER SUBDIVISION (B) of this section shall be
authorized or entitled to receive any cash allocation under section
twelve hundred sixty-two of this article.
§ 6. Subdivision e of section 4 and sections 5, 7 and 16 of chapter
272 of the laws of 1991, amending the tax law relating to the method of
disposition of sales and compensating use tax revenue in Westchester
county and enacting the Westchester county spending limitation act, as
amended by chapter 81 of the laws of 2017, are amended to read as
follows:
e. "Spending limitation" means the maximum amount of county spending
established in county fiscal years 1992, 1993, 1994, 1995, 1996, 1997,
1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,
2021 AND 2022.
§ 5. Establishment of annual spending limitation. a. For county fiscal
years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,
2015, 2016, 2017, 2018, 2019 [and], 2020, 2021 AND 2022 there shall be
in effect an annual spending limitation. The spending limitation shall
be derived from a fixed percentage reflecting the ratio of base year
spending to county personal income. County personal income for such
calculation shall be for the period January 1, 1986 through December 31,
1986. Such percentage shall be applied to county personal income for the
period January 1, 1989 through December 31, 1989, to determine the
spending limitation for county fiscal year 1992; to determine the spend-
ing limitation for county fiscal year 1993, such percentage shall be
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applied to county personal income for the period January 1, 1990 through
December 31, 1990; to determine the spending limitation for county
fiscal year 1994, such percentage shall be applied to county personal
income for the period January 1, 1991 through December 31, 1991; to
determine the spending limitation for county fiscal year 1995, such
percentage shall be applied to county personal income for the period
January 1, 1992 through December 31, 1992; to determine the spending
limitation for county fiscal year 1996, such percentage shall be applied
to county personal income for the period January 1, 1993 through Decem-
ber 31, 1993; to determine the spending limitation for county fiscal
year 1997, such percentage shall be applied to county personal income
for the period January 1, 1994 through December 31, 1994; to determine
the spending limitation for county fiscal year 1998, such percentage
shall be applied to county personal income for the period January 1,
1995 through December 31, 1995; to determine the spending limitation for
county fiscal year 1999, such percentage shall be applied to county
personal income for the period January 1, 1996 through December 31,
1996; to determine the spending limitation for county fiscal year 2000,
such percentage shall be applied to county personal income for the peri-
od January 1, 1997 through December 31, 1997; to determine the spending
limitation for county fiscal year 2001, such percentage shall be applied
to county personal income for the period January 1, 1998 through Decem-
ber 31, 1998; to determine the spending limitation for county fiscal
year 2002, such percentage shall be applied to county personal income
for the period January 1, 1999 through December 31, 1999; to determine
the spending limitation for county fiscal year 2003, such percentage
shall be applied to county personal income for the period January 1,
2000 through December 31, 2000; to determine the spending limitation for
county fiscal year 2004, such percentage shall be applied to county
personal income for the period January 1, 2001 through December 31,
2001; to determine the spending limitation for county fiscal year 2005,
such percentage shall be applied to county personal income for the peri-
od January 1, 2002 through December 31, 2002; to determine the spending
limitation for county fiscal year 2006, such percentage shall be applied
to county personal income for the period January 1, 2003 through Decem-
ber 31, 2003; to determine the spending limitation for the county fiscal
year 2007, such percentage shall be applied to county personal income
for the period January 1, 2004 through December 31, 2004; to determine
the spending limitation for the county fiscal year 2008, such percentage
shall be applied to county personal income for the period January 1,
2005 through December 31, 2005; to determine the spending limitation for
the county fiscal year 2009, such percentage shall be applied to county
personal income for the period January 1, 2006 through December 31,
2006; to determine the spending limitation for the county fiscal year
2010, such percentage shall be applied to county personal income for the
period January 1, 2007 through December 31, 2007; to determine the
spending limitation for the county fiscal year 2011, such percentage
shall be applied to county personal income for the period January 1,
2008 through December 31, 2008; to determine the spending limitation for
the county fiscal year 2012, such percentage shall be applied to county
personal income for the period January 1, 2009 through December 31,
2009; to determine the spending limitation for the county fiscal year
2013, such percentage shall be applied to county personal income for the
period January 1, 2010 through December 31, 2010; to determine the
spending limitation for the county fiscal year 2014, such percentage
shall be applied to county personal income for the period January 1,
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2011 through December 31, 2011; to determine the spending limitation for
the county fiscal year 2015, such percentage shall be applied to county
personal income for the period January 1, 2012 through December 31,
2012; to determine the spending limitation for county fiscal year 2016,
such percentage shall be applied to the county personal income for the
period January 1, 2013 through December 31, 2013; to determine the
spending limitation for the county fiscal year 2017, such percentage
shall be applied to county personal income for the period January 1,
2014 through December 31, 2014; and to determine the spending limitation
for county fiscal year 2018, such percentage shall be applied to the
county personal income for the period January 1, 2015 through December
31, 2015; to determine the spending limitation for the county fiscal
year 2019, such percentage shall be applied to county personal income
for the period January 1, 2016 through December 31, 2016; and to deter-
mine the spending limitation for county fiscal year 2020, such percent-
age shall be applied to the county personal income for the period Janu-
ary 1, 2017 through December 31, 2017; AND TO DETERMINE THE SPENDING
LIMITATION FOR THE COUNTY FISCAL YEAR 2021, SUCH PERCENTAGE SHALL BE
APPLIED TO COUNTY PERSONAL INCOME FOR THE PERIOD JANUARY 1, 2018 THROUGH
DECEMBER 31, 2018; AND TO DETERMINE THE SPENDING LIMITATION FOR THE
COUNTY FISCAL YEAR 2022, SUCH PERCENTAGE SHALL BE APPLIED TO COUNTY
PERSONAL INCOME FOR THE PERIOD JANUARY 1, 2019 THROUGH DECEMBER 31,
2019.
b. The spending limitation shall serve as a statutory cap on county
spending to be reflected in the tentative budget as well as the enacted
budget for county fiscal years beginning in 1992.
§ 7. Mandatory tax reduction. In the event that the county spending
subject to the spending limitation exceeds such limitation in the adop-
tive county budget for county fiscal year 1992, 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [or],
2020, 2021 OR 2022 then section 1262-b of the tax law shall be repealed.
§ 16. This act shall take effect immediately, provided, however, that
sections one through seven of this act shall be in full force and effect
until [May 31, 2020, provided, however, that if the county of Westches-
ter imposes the tax authorized by section 1210 of the tax law in excess
of three percent, then sections one through seven of this act shall be
deemed repealed; provided that the commissioner of taxation and finance
shall notify the legislative bill drafting commission upon the repeal of
section 1262-b of the tax law pursuant to section seven of the Westches-
ter county spending limitation act in order that the commission may
maintain an accurate and timely effective data base of the official text
of 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] NOVEMBER 30, 2022.
§ 7. This act shall take effect immediately; provided, however, that
section three of this act shall take effect December 1, 2020, provided,
further, that the amendments to section 1262-b of the tax law made by
section five of this act shall not affect the expiration of such section
and shall expire therewith; provided, further, that the amendments to
sections 4, 5, and 7 of chapter 272 of the laws of 1991 shall not affect
the expiration of such sections and shall expire therewith.