Section 1210-C. Sales and compensating use tax for purposes of the Schenectady county metroplex development authority  


Latest version.
  • (a) In  addition  to  the taxes authorized to be imposed by section twelve hundred ten of this
      article   or  any  other  provision  of  this  article,  the  county  of
      Schenectady is hereby authorized and empowered  to  adopt  and  amend  a
      local  law,  ordinance  or  resolution  imposing  within the territorial
      limits of said county sales and compensating use taxes at a  rate  which
      is  one-half  of  one  percent  additional  to  the  three  percent rate
      authorized in section twelve hundred ten of this article for the  period
      beginning on or after September first, nineteen hundred ninety-eight and
      ending August thirty-first, two thousand thirty-three, which taxes shall
      be  identical  to  the  taxes imposed by said county pursuant to section
      twelve hundred ten of this article. Except as hereinafter provided,  all
      provisions  of  this  article,  including  the  definition and exemption
      provisions and the provisions relating to the administration, collection
      and distribution by the commissioner, shall apply for  purposes  of  the
      taxes  authorized  to  be imposed by this section in the same manner and
      with the same force and effect as if the language of  this  article  had
      been  incorporated in full in this section and had expressly referred to
      the taxes authorized to be imposed by this section;  provided,  however,
      that  any  provision of this article relating to a maximum rate shall be
      calculated without reference to the additional rate authorized  by  this
      section.  For  purposes  of  part  IV  of  this article, relating to the
      disposition of revenues resulting from taxes collected and  administered
      by  the  commissioner,  the  additional sales and compensating use taxes
      authorized by this section shall be  deemed  to  be  imposed  under  the
      authority  of  section  twelve  hundred  ten  of  this  article  and all
      provisions relating to the deposit, administration  and  disposition  of
      taxes,  penalties  and  interest  relating  to taxes imposed by a county
      under the authority of section twelve hundred ten of this article shall,
      except as otherwise specifically provided in this section, apply to  the
      additional  sales  and  compensating  use  tax  imposed  pursuant to the
      authority of this section.
        (b) Notwithstanding  any  other  provision  of  this  article  to  the
      contrary,   the  net  collections  from  the  tax  imposed  pursuant  to
      subdivision (a) of this section for the period  beginning  on  or  after
      September   first,  nineteen  hundred  ninety-eight  and  ending  August
      thirty-first, two thousand  thirty-three  shall,  upon  payment  to  the
      county  of  Schenectady,  be  deposited  in  the  Schenectady  metroplex
      development authority support fund,  pursuant  to  subdivision  nine  of
      section twenty-six hundred sixty-one of the public authorities law, with
      such  fund  to  be designated as a special dedicated support fund, to be
      created by said county therefor separate and apart from any other  funds
      and  accounts  of  the  county.  Pending  deposit  from such Schenectady
      metroplex development authority support fund into the  general  fund  of
      the  Schenectady metroplex development authority, all moneys therein may
      be invested in the manner provided in  section  eleven  of  the  general
      municipal  law.  Any  interest  earned  or  capital gain realized on the
      moneys so deposited or invested shall accrue to and become part of  such
      Schenectady metroplex development authority support fund.
        (c)  If  the county of Schenectady does not impose the one-half of one
      percent rate of taxes authorized by  subdivision  (a)  of  this  section
      during   the   period   beginning   September  first,  nineteen  hundred
      ninety-eight and ending August thirty-first, two thousand  thirty-three,
      the  county  shall  dedicate net collections from sales and compensating
      use taxes imposed during  such  period  pursuant  to  the  authority  of
      section  twelve  hundred  ten of this article at the rate of one-half of
      one percent and shall quarterly deposit  such  net  collections  in  the
    
      Schenectady  metroplex development authority support fund established in
      accordance with subdivision (b) of this section.
        (d) On January first, nineteen hundred ninety-nine, and then quarterly
      thereafter, the director of finance of Schenectady county shall transfer
      seventy  percent of all net collections from the one-half of one percent
      sales  and  compensating  use  tax  and  deposited  in  the  Schenectady
      metroplex  development  authority  support  fund  to  the  authority for
      deposit in the authority's general fund.  The  authority  may  use  such
      portion  of  such  dedicated  net  collections  received  for any lawful
      purpose or power of the authority. On January  first,  nineteen  hundred
      ninety-nine,  and  then quarterly thereafter, the director of finance of
      Schenectady county, after  transferring  seventy  percent  of  such  net
      collections  to  the  authority  for  deposit in the authority's general
      fund, shall transfer all remaining monies in the  Schenectady  metroplex
      development  authority  support  fund  to  the  Schenectady  county real
      property tax abatement and economic development fund.