Section 92-Y. Upstate New York tourism council fund

1. There is hereby
  established in the joint  custody  of  the  state  comptroller  and  the
  commissioner  of  taxation and finance a special fund to be known as the
  "upstate New York tourism council fund." The upstate  New  York  tourism
  council  shall  administer  such fund. The council shall adopt rules and
  regulations for the administration of the fund to carry out the  purpose
  and  provisions  of  this  section  and  of  article twenty-eight of the
  executive law. Such regulations shall  be  adopted  in  accordance  with
  article two of the state administrative procedure act.
    2.  Subject  to  the provisions of subdivisions four and eight of this
  section, such fund shall consist of (a) an amount of  moneys  equal,  as
  appropriated  pursuant  to  subdivision  three  of  this section, to the
  following amount of revenues from sales taxes imposed on receipts,  rent
  and  amusement  charges by section eleven hundred five of the tax law at
  the rate of four percent and collected by vendors (other than  show  and
  entertainment  vendors  unless  such  vendors  have  a  regular place of
  business in such premises and other than temporary  vendors),  operators
  and  recipients  in premises located in the expanded carousel center, as
  defined in section eight hundred  twenty-seven  of  the  executive  law,
  including  any  moneys  collected  purportedly  as  tax thereunder, with
  respect to sales from, occupancy at, and admission charges and  dues  at
  or to, such premises, as such amounts of tax are required to be reported
  with  respect to Onondaga county on the tax returns required to be filed
  pursuant to section eleven hundred thirty-seven of the tax law:  of  the
  first twenty million dollars so collected and reported in a fiscal year,
  one  hundred  percent; of the next five million dollars, ninety percent;
  of the next five million dollars, eighty percent; and ten percent of any
  amount greater than thirty million dollars; and  (b)  any  other  moneys
  appropriated  for the purpose of such fund and all moneys transferred to
  such fund pursuant to law. Any interest  earned  by  the  investment  of
  moneys  in  such fund shall be added to such fund, become a part of such
  fund, and be used for the purpose of such  fund.  Moneys  of  such  fund
  shall  be available for appropriation and allocation only to the upstate
  New York tourism council for the purposes of carrying out the provisions
  of article twenty-eight of  the  executive  law.  The  terms  "receipt,"
  "rent,"  "amusement  charge,"  "vendor,"  "show  vendor," "entertainment
  vendor,"   "temporary   vendor,"   "operator,"   "recipient,"    "sale,"
  "occupancy,"  "admission," "charge," "admission charge" and "dues" shall
  have the same meaning or usage that they have in article twenty-eight of
  the tax law.
    3. The amount of moneys equal to the revenues described  in  paragraph
  (a) of subdivision two of this section, after deducting the amount which
  the commissioner of taxation and finance shall determine to be necessary
  for  reasonable  costs  of  the  commissioner of taxation and finance in
  administering, collecting and distributing such taxes and moneys,  shall
  be  appropriated  to  the  upstate  New York tourism council in order to
  enable such council to carry out its purposes.
    4. On or before the twelfth day of each  month,  the  commissioner  of
  taxation  and  finance  shall  certify  to  the  comptroller the amounts
  specified in paragraph (a) of subdivision two of this  section  relating
  to  the preceding month, including any such moneys collected purportedly
  as tax. The amount of revenues so certified, subject to the  percentages
  prescribed  in  such  paragraph  (a) of subdivision two of this section,
  shall be deposited by the comptroller in the upstate  New  York  tourism
  council fund. The commissioner of taxation and finance shall not be held
  liable  for  any inaccuracy in any certification under this subdivision.
  Such commissioner shall  hereby  be  authorized  to  require  additional
  returns or schedules for the vendors, operators and recipients described

  in  subdivision  two of this section to file in conjunction with returns
  required to be filed under section eleven hundred thirty-six  or  twelve
  hundred  fifty-one  of  the  tax  law,  in such form and containing such
  information  as  the commissioner deems necessary or desirable to effect
  the purposes of this section and the commissioner's  duties  under  this
  section  and  articles  twenty-eight and twenty-nine of the tax law; and
  such persons shall be  required  to  file  such  additional  returns  or
  schedules,  or  both,  with  such  returns.  Such  additional returns or
  schedules, or both, shall be deemed to be a return  or  a  report  under
  such  article  twenty-eight  and  article  thirty-seven  of the tax law,
  subject  to  all  the  provisions  of  such  articles  twenty-eight  and
  thirty-seven,  as  if the requirement to file such additional returns or
  schedules was in such article twenty-eight and as if the  provisions  of
  such  articles twenty-eight and thirty-seven and other provisions of law
  referring to such article  twenty-eight  specifically  referred  to  the
  additional  returns  or  schedules  authorized  to  be proscribed by and
  required to be filed pursuant to this section. Also,  such  commissioner
  shall be hereby authorized to require such persons required to file such
  additional  returns  or  schedules,  or both, to provide such additional
  information upon or  in  conjunction  with  registration  under  section
  eleven  hundred  thirty-four  of  the tax law as such commissioner deems
  necessary or desirable to effect the  purposes  of  this  section,  such
  articles  twenty-eight  and  thirty-seven  of the tax law and such other
  provisions of law referring to such article twenty-eight.
    5. Moneys in the upstate New York tourism fund shall be kept  separate
  and  shall not be commingled with any other moneys in the custody of the
  comptroller. All deposits of such  moneys  shall,  if  required  by  the
  comptroller,  be  secured  by obligations of the United States or of the
  state having a market value equal at all times to  the  amount  of  such
  deposits  and  all  banks  and  trust  companies  are authorized to give
  security for such deposits. Any such moneys in such  fund  may,  in  the
  discretion  of the comptroller, be invested in obligations of the United
  States or of the state or in obligations the principal of  and  interest
  on which are guaranteed by the United States or by the state.
    6.  All  payments  of moneys from the upstate New York tourism council
  fund shall be made on the audit and warrant of the state comptroller  on
  vouchers certified or approved by the chairperson of such council.
    7.  Notwithstanding  the  provisions of any general or special law, no
  moneys  shall  be  available  from  the  fund  until  a  certificate  of
  allocation and a schedule of amounts to be available therefor shall have
  been  issued  by  the  director  of  the  budget,  and  a  copy  of such
  certificate filed with the comptroller. Such certificate may be  amended
  from  time to time by the director of the budget and a copy of each such
  amendment shall be filed with the state comptroller.
    8. The fund established by  subdivision  one  of  this  section  shall
  include  the  amount of moneys described in paragraph (a) of subdivision
  two of this section, the amount of moneys described in subdivision three
  of this section shall be appropriated to such fund, and the commissioner
  of taxation and finance shall certify amounts and the state  comptroller
  shall  deposit such amounts in such fund as provided in subdivision four
  of this section, only if the expanded carousel center, consisting  of  a
  minimum  of  three  million  two  hundred thousand square feet, has been
  built by October first, two thousand eight, and the city of Syracuse has
  sent a notice to  the  commissioner  of  taxation  and  finance  at  the
  commissioner's  Albany office by certified or registered mail postmarked
  no later than November first, two thousand eight, indicating  that  such
  minimum three million two hundred thousand square feet has been built by
  October  first,  two  thousand eight, and that certificates of occupancy

  with respect to such minimum three million two hundred  thousand  square
  feet have been issued by the appropriate authorities by such date.
    * NB  Effective on the first day of the sales tax quarterly period, as
  described in subdivision (b) of  section  1136  of  the  tax  law,  next
  commencing  at  least  90  days  after  the commissioner of taxation and
  finance has received notice from the city of Syracuse  as  described  in
  subdivision 8 of section 92-y of the state finance law