2012 New York Consolidated Laws
TAX - Tax
Article 29 - TAXES AUTHORIZED FOR CITIES, COUNTIES AND SCHOOL DISTRICTS
Part 4 - (1260 - 1264) DISPOSITION OF REVENUES
1262-B - The Westchester county property tax stabilization and relief act.

 
    * §  1262-b.  The  Westchester  county  property tax stabilization and
  relief act. (a) Notwithstanding  any  other  provision  of  law  to  the
  contrary,  if  the  county of Westchester imposes sales and compensating
  use taxes pursuant to subdivision (a) of section twelve hundred  ten  of
  this article at the rate of three percent:
    (1)  The county shall allocate net collections from such taxes imposed
  at the rate of one and one-half percent countywide among the cities  and
  towns  of  the county on the basis of the ratio which the full valuation
  of real property in each city  or  town  bears  to  the  aggregate  full
  valuation  of  real  property  in  all  cities  and towns of the county.
  Amounts so allocated shall be credited to each of said cities and  towns
  against  the  county  taxes levied upon real property in said cities and
  towns.
    (2) The county shall  allocate  and  credit  or  pay  net  collections
  received  by  the county by reason of its additional one percent rate of
  such taxes on the area of the county outside any city imposing sales and
  compensating use taxes at a rate of one and one-half percent or  greater
  pursuant  to the authority of subdivision (a) or at any rate pursuant to
  the authority of subdivision (b) of section twelve hundred ten  of  this
  article as follows:
    (A)  One-third of such net collections shall be allocated and credited
  in the manner set forth in paragraph one of this subdivision.
    (B) One-sixth of such net collections  shall  be  allocated  and  paid
  quarterly by the county commissioner of finance, in cash, to the several
  school  districts  in  such  area  of  the  county outside any such city
  imposing sales and compensating use taxes. Such allocation and  payment,
  to  such  several  school  districts,  shall be made on the basis of the
  ratio which the population of each such school  district  bears  to  the
  aggregate population of all of the school districts in such area. In the
  case  of  school  districts  which  are  partially  within and partially
  without the county, or partially within or partially without the area of
  the county outside a city imposing sales and compensating use taxes, the
  allocation and payment to each such school district shall be made on the
  basis of the population in such school district in  the  county,  or  in
  such  area  of the county outside a city imposing sales and compensating
  use taxes, as the case may be. Such populations shall be  determined  in
  accordance  with  the latest federal census or special population census
  under  section  twenty  of  the  general  municipal  law  completed  and
  published  prior  to the end of the quarter in which such allocation and
  payment are made, which special  population  census  shall  include  the
  entire  area of the county; provided that such special population census
  shall not be taken more than once in every two years. A school  district
  split  between  Westchester  county  and another county shall apply such
  allocation and payment solely to the benefit of  the  residents  of  the
  county in which the sales and compensating use taxes are imposed.
    (C)  One-half  of  such  net  collections  shall be allocated and paid
  quarterly by the county commissioner of finance, in cash, to the  cities
  not  imposing  sales  and  compensating  use  taxes and to the towns and
  villages on which such additional one percent rate is  imposed,  on  the
  basis  of  the  ratio  which  the  population of each such city, town or
  village on which such additional one percent rate is  imposed  bears  to
  the entire population of all such cities, towns and villages in the area
  on  which  such additional one percent rate is imposed. Such populations
  shall be determined in accordance with  the  latest  federal  census  or
  special  population census under section twenty of the general municipal
  law completed and published prior to the end of  the  quarter  in  which
  such  allocation  is made, which special population census shall include

  the entire area of the county; provided  that  such  special  population
  census shall not be taken more than once in every two years.
    (D)  The  quarterly  allocation  and payment of cash to cities, towns,
  villages and school districts provided  for  under  this  paragraph  and
  under  paragraph  three of this subdivision may be made after payment by
  the state comptroller to the county of the net  collections  subject  to
  such allocation and receipt by the county commissioner of finance of the
  quarterly  settlement  report  issued by the department, and may include
  adjustments for corrections applicable to such allocations.  All  ratios
  established  by  the  county  commissioner  of  finance  with respect to
  allocations to cities, towns, villages and school districts  under  this
  subdivision  shall  be carried to four decimal places. The allocation of
  net collections and payment of cash provided for  under  this  paragraph
  and  under  paragraph  three of this subdivision shall be made to a town
  based upon the population of the town less the population of any village
  therein, provided that a town/village or village/town shall be deemed  a
  village  for  the purpose of determining such allocation. The allocation
  of net collections and payment of cash provided for under this paragraph
  and under paragraph three of this subdivision shall be  applied  by  the
  cities,  towns,  villages and school districts receiving such allocation
  and payment as a credit against the taxes upon real property imposed  by
  such  municipalities  and school districts, respectively. The allocation
  and payment received by towns shall be credited  against  real  property
  taxes  in  either the general fund town-wide or the town outside village
  fund or a combination thereof.
    (3) The county shall  allocate  and  credit  or  pay  net  collections
  received by the county by reason of its additional one-half percent rate
  of  such  taxes  imposed  on  the  area  of  the county outside any city
  imposing sales and compensating use taxes at a rate of one and  one-half
  percent  or  greater  pursuant to the authority of subdivision (a) or at
  any rate pursuant to the authority of subdivision (b) of section  twelve
  hundred ten of this article as follows:
    (A)  Seventy  percent of such net collections shall be retained by the
  county to be used for any county purpose.
    (B) Ten percent of such net collections shall be allocated and paid in
  the manner set forth in  subparagraph  (B)  of  paragraph  two  of  this
  subdivision.
    (C) Twenty percent of such net collections shall be allocated and paid
  in  the  manner  set  forth in subparagraph (C) of paragraph two of this
  subdivision.
    (b) Nothing in this section shall be construed to impair the powers of
  a city currently imposing sales and compensating use taxes  pursuant  to
  the  authority  of  section  twelve  hundred  ten  of  this article from
  continuing to do so in accordance with law. No school  district  in  any
  city imposing such sales and compensating use taxes shall be entitled to
  receive  a  cash  allocation and payment under paragraph two or three of
  subdivision (a) of this section. No city, town or village authorized  or
  entitled  to  receive  an allocation under subparagraph (C) of paragraph
  two or subparagraph (C) of paragraph three of subdivision  (a)  of  this
  section  shall  be authorized or entitled to receive any cash allocation
  under section twelve hundred sixty-two of this article.
    * NB Expires May 31, 2014