* 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
Last modified: February 3, 2019