N.Y. Tax Law § 1262-g: The Monroe county sales tax adjustment act

* § 1262-g. The Monroe county sales tax adjustment act. 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