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-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