Bill Text: NY S02223 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 2223 (Prior Session Legislation)

Introduced

Bill Title: Authorizes a childhood education surcharge on the personal income tax for cities having a population of one million or more persons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02223 Detail]

Download: New_York-2015-S02223-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2223
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2015
                                      ___________
       Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
         and when printed to be committed to the  Committee  on  Investigations
         and Government Operations
       AN  ACT  to  amend  the  tax law, in relation to authorizing a childhood
         education surcharge on the personal income tax  for  cities  having  a
         population  of  one  million  or  more  persons; and providing for the
         repeal of such provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  tax law is amended by adding a new section 1304-E to
    2  read as follows:
    3    S 1304-E. TAX SURCHARGE FOR EARLY CHILDHOOD EDUCATION. (A) IN ADDITION
    4  TO THE TAXES AUTHORIZED BY SUBSECTION (A) OF  SECTION  THIRTEEN  HUNDRED
    5  ONE OF THIS ARTICLE, ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE
    6  PERSONS  THAT  IMPOSES  SUCH TAXES IS HEREBY AUTHORIZED AND EMPOWERED TO
    7  ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY SUCH  CITY  FOR  ALL  TAXABLE
    8  YEARS  BEGINNING  ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, A TAX
    9  SURCHARGE ON THE CITY TAXABLE INCOME  OF  EVERY  CITY  RESIDENT  MARRIED
   10  INDIVIDUALS  FILING  JOINT  RETURNS, RESIDENT MARRIED INDIVIDUALS FILING
   11  SEPARATE RETURNS, RESIDENT SURVIVING SPOUSES, RESIDENT HEADS  OF  HOUSE-
   12  HOLDS,  RESIDENT UNMARRIED INDIVIDUALS, AND RESIDENT ESTATES AND TRUSTS,
   13  AT A RATE OF UP TO:
   14  IF THE CITY TAXABLE INCOME IS:          THE TAX SURCHARGE IS:
   15  NOT OVER $500,000                       0
   16  OVER $500,000                           4.3 % OF CITY TAXABLE INCOME
   17    (B) A CITY IMPOSING A TAX SURCHARGE PURSUANT TO THE AUTHORITY OF  THIS
   18  SECTION  MAY, BY LOCAL LAW, IMPOSE SUCH SURCHARGE AT A RATE THAT IS LESS
   19  THAN THE PERCENTAGES SET FORTH IN SUBSECTION (A) OF  THIS  SECTION,  AND
   20  MAY  IMPOSE  SUCH  TAX  AT  MORE THAN ONE RATE DEPENDING UPON THE FILING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06410-01-5
       S. 2223                             2
    1  STATUS AND CITY TAXABLE INCOME OF SUCH CITY RESIDENT INDIVIDUAL, ESTATE,
    2  OR TRUST.
    3    (C)  A TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION
    4  SHALL BE ADMINISTERED, COLLECTED, AND DISTRIBUTED BY THE COMMISSIONER IN
    5  THE SAME MANNER AS THE OTHER TAXES IMPOSED PURSUANT TO THE AUTHORITY  OF
    6  THIS  ARTICLE,  AND  ALL  OF  THE  PROVISIONS OF THIS ARTICLE, INCLUDING
    7  SECTION THIRTEEN HUNDRED TEN OF THIS ARTICLE, SHALL  APPLY  TO  THE  TAX
    8  SURCHARGE  AUTHORIZED  BY  THIS  SECTION;  PROVIDED,  HOWEVER,  THAT THE
    9  PROVISIONS OF SECTION THIRTEEN HUNDRED THIRTEEN OF THIS ARTICLE  DIRECT-
   10  ING PAYMENT OF TAXES TO THE NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY
   11  SHALL NOT APPLY TO ANY SUCH SURCHARGE.
   12    (D)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR OF SECTION THIR-
   13  TEEN HUNDRED THIRTEEN OF THIS ARTICLE TO THE CONTRARY, THE TOTAL REVENUE
   14  FROM THE TAX  SURCHARGE  IMPOSED  PURSUANT  TO  THE  AUTHORITY  OF  THIS
   15  SECTION,  INCLUDING  INTEREST AND PENALTIES, WHICH THE STATE COMPTROLLER
   16  IS REQUIRED TO PAY TO THE CHIEF FISCAL OFFICER OF THE CITY IMPOSING  THE
   17  TAX  SURCHARGE FOR PAYMENT INTO THE TREASURY OF SUCH CITY SHALL BE CRED-
   18  ITED TO THE GENERAL FUND OF SUCH CITY AND SHALL BE  APPLIED  EXCLUSIVELY
   19  TO  OR  IN  AID  OR SUPPORT OF THE EARLY CHILDHOOD EDUCATION PROGRAMS OF
   20  SUCH CITY.
   21    (E) A LOCAL LAW ENACTED PURSUANT TO THIS SECTION SHALL  BE  APPLICABLE
   22  ONLY  IF  IT  HAS  BEEN  ENACTED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
   23  THOUSAND FIFTEEN.  A CERTIFIED COPY OF SUCH LOCAL LAW SHALL BE MAILED BY
   24  REGISTERED MAIL TO THE DEPARTMENT AT ITS OFFICE IN ALBANY WITHIN FIFTEEN
   25  DAYS OF ITS ENACTMENT. HOWEVER, THE DEPARTMENT MAY ALLOW ADDITIONAL TIME
   26  FOR SUCH CERTIFIED COPY TO BE MAILED IF  IT  DEEMS  SUCH  ACTION  TO  BE
   27  CONSISTENT WITH ITS DUTIES UNDER THIS ARTICLE.
   28    S 2. This act shall take effect immediately and shall apply to all tax
   29  years  commencing  on and after January 1, 2016; provided, however, that
   30  the provisions of this act shall expire and be deemed repealed  December
   31  31, 2020.