Section 1262-G. The Monroe county sales tax adjustment act  


Latest version.
  • 1. As used in
      this section, the following terms shall mean:
        (a) Annual fiscal year. A twelve-month time  period  which  begins  on
      July  first  and  ends  June  thirtieth of the following year. The first
      annual  fiscal  year  shall  begin  on  July  first,  nineteen   hundred
      ninety-one and end on June thirtieth, nineteen hundred ninety-two.
        (b)  Sales  tax  revenue. The net amount of sales and compensating use
      taxes collected by the state of New York during an  annual  fiscal  year
      and thereafter distributed to the county of Monroe.
        (c)  Sales tax increase. That amount by which sales tax revenue for an
      annual fiscal year exceeds the amount  of  sales  tax  revenue  for  the
      immediately preceding annual fiscal year.
        (d)  Sales tax decrease. That amount by which sales tax revenue for an
      annual fiscal year is less than the amount of sales tax revenue for  the
      immediately preceding annual fiscal year.
        2. Notwithstanding any other provisions of law to the contrary, on and
      after  July  first,  nineteen  hundred  ninety-two, the county of Monroe
      shall allocate sales tax increases as follows:
        (a) In the event there is a  sales  tax  increase  during  any  annual
      fiscal  year,  beginning  on  July first, nineteen hundred ninety-two or
      thereafter,  subject  to  the  provisions  of  paragraph  (b)  of   this
      subdivision:
        (i) fifty percent of such sales tax increase shall be allocated to the
      city  of  Rochester,  subject,  however,  to the limitation set forth in
      subparagraph (iv) of this paragraph; and
        (ii) fifty percent of  the  sales  tax  increase  shall  be  allocated
      pursuant  to  section  twelve hundred sixty-two of this article, subject
      however, to the exceptions hereinafter set forth in clauses (A) and  (B)
      of this subparagraph:
        (A)  The amounts allocated to the school districts outside the city of
      Rochester shall be equal to the amount of money which  would  have  been
      received  by  those  districts from said sales tax increase prior to the
      application of this section, which  increased  funds  for  those  school
      districts  shall be deducted from that portion of the sales tax increase
      allocated to the county of Monroe; and
        (B) The amounts allocated to all of the villages  located  within  the
      county  of Monroe shall be equal to the amount of money which would have
      been received by those villages from said sales tax  increase  prior  to
      the  application  of  this  section,  which  increased  funds  for those
      villages shall be deducted from that portion of the sales  tax  increase
      allocated to the county of Monroe; and
        (iii)  The  remainder  of  the sales tax revenue shall be allocated in
      accordance with the same allocation that was made during the immediately
      preceding annual fiscal year; and
        (iv) At no time during an annual fiscal year shall the amount of sales
      tax  revenue  allocated  to  the  city  of  Rochester  pursuant  to  the
      provisions  of this section and section twelve hundred sixty-two of this
      article exceed thirty-five and sixty-three one hundredths percent of the
      total sales tax revenue. Any sales tax  revenue  that  would  have  been
      otherwise  allocated  to  the  city  of  Rochester shall be allocated in
      accordance with section twelve hundred sixty-two of this article  except
      that  none of the additional sales tax revenue shall be allocated to the
      city of Rochester.
        (b) In the event that there is a sales tax decrease during any  annual
      fiscal  year,  beginning  on  July first, nineteen hundred ninety-two or
      thereafter:
        (i) The amount of the sales tax decrease shall be borne by the  county
      of  Monroe,  city  of  Rochester  and  the  area in the county of Monroe
    
      outside the city of Rochester  in  the  same  proportion  in  which  the
      preceding year's overall allocations were made;
        (ii)  in  the  first  annual  fiscal  year,  or,  if  necessary, years
      following the annual fiscal year,  or  years,  of  sales  tax  decrease,
      during which there is a sales tax increase, an amount equal to the total
      sales  tax  decrease shall be subtracted from the sales tax increase and
      such amount shall be allocated to the county  of  Monroe,  the  city  of
      Rochester  and  the  area  in  the  county of Monroe outside the city of
      Rochester in the same amounts as subtracted in the  sales  tax  decrease
      year;
        (iii)  the  remainder  of  the  sales  tax  increase, if any, shall be
      allocated on the same basis as  set  forth  in  paragraph  (a)  of  this
      subdivision; and
        (iv)  the  remainder  of  the  sales tax revenue shall be allocated in
      accordance with the same allocation that was made during the immediately
      preceding annual fiscal year.
        (c) The allocation required by this section for an annual fiscal  year
      shall  be made during such year at the same time that allocation is made
      for sales tax revenue apportioned pursuant  to  section  twelve  hundred
      sixty-two of this article.
        3.  The provisions of this section shall terminate if a payroll tax or
      income tax is enacted for the city of Rochester on the  same  date  that
      such  payroll  tax  or  income  tax becomes effective, and the sales tax
      increase allocation pursuant to this section shall not be utilized after
      such date.
        * NB There are 2 § 1262-g's