Sales and compensating use tax for purposes of the Suffolk county water quality restoration fund

Official textnysenate.govlast amended May 12, 2023

§ 1210-F. Sales and compensating use tax for purposes of the Suffolk county water quality restoration fund.

# (a)

In addition to the taxes imposed by section twelve hundred ten, section twelve hundred ten-A, or any other provision of this article, the county of Suffolk is hereby authorized and empowered to adopt and amend a local law, ordinance or resolution, subject to a mandatory referendum, in accordance with the provisions set forth in section twenty-three of the municipal home rule law, imposing within the territorial limits of said county an additional sales and compensating use tax at the rate of one-eighth of one percent for the period beginning March first, two thousand twenty-four and ending February twenty-ninth, two thousand sixty, which tax shall be identical to the tax imposed by said county pursuant to section twelve hundred ten of this article. Provided, however, that such local law, ordinance or resolution shall not take effect unless such county complies with the provisions of subdivisions (d) and (e) of section twelve hundred ten of this subpart and provides notice to the commissioner in accordance with the provisions of subdivision (d) of such section of the approval of such resolution by the electors. 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 tax 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 tax imposed by this section; provided, however, that any provision relating to a maximum rate shall be calculated without reference to the additional sales and compensating use tax herein authorized. 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 tax herein provided 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 a tax 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 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 March first, two thousand twenty-four and ending February twenty-ninth, two thousand sixty shall, upon payment to the county of Suffolk, be deposited in a special fund, to be designated as the water quality restoration fund to be created by said county therefor separate and apart from any other funds and accounts of the county. Moneys in such fund shall be deposited and secured in the manner provided by section ten of the general municipal law and in no event shall moneys deposited be transferred to any other account. In addition to the net collections from the tax, deposits into the fund may include revenues of Suffolk county from whatever source and may include the acceptance of gifts. Pending expenditure from such fund, 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 fund. Moneys in said fund may be appropriated from and transferred to or expended in any fiscal year only for the purposes authorized by subdivision eleven of section two hundred fifty-six-b of the county law.

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