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
                                ___________
 
 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

 A. 7262                             3
 
 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.