2023 New York Laws › TAX - Tax › Article 29 - Taxes Authorized for Cities, Counties and School Districts › Part 1 - Authority to Impose Taxes › Sub Part B - Taxes Administered by State Tax Commission › 1210-B - Sales and Compensating Use Tax Within Suffolk County for Purposes of Stabilizing Property Taxes and Either Paying Certain Judgments, Compromises or Se

§  1210-B.  Sales  and  compensating use tax within Suffolk county for
purposes  of  stabilizing  property  taxes  and  either  paying  certain
judgments,   compromises  or  settlements  or  paying  debt  service  on
obligations of said county issued to pay said judgments, compromises  or
settlements.
(a)  In  addition to the taxes imposed by section twelve
hundred ten 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 imposing within the territorial  limits  of
said  county an additional sales and compensating use tax at the rate of
one-quarter of one percent for  the  period  beginning  December  first,
nineteen   hundred  ninety-seven  and  ending  November  thirtieth,  two
thousand seventeen, which tax shall be identical to the tax  imposed  by
said  county  pursuant  to  section  twelve hundred ten of this article.
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   article
twenty-nine  of  this  chapter,  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 shall be deposited in a special fund, to
be  designated  as  the  LILCO tax certiorari payment and securitization
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.    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 purpose of either  paying
a  tax certiorari judgment, or compromise or settlement thereof, payable
by said county in a proceeding entitled In the Matter of the Application
of LONG ISLAND LIGHTING  COMPANY,  Petitioner,  and  LONG  ISLAND  POWER
AUTHORITY,  Intervenor-Petitioner  against THE ASSESSOR AND THE BOARD OF
ASSESSMENT REVIEW FOR THE  TOWN  OF  BROOKHAVEN,  Respondents,  and  THE
SHOREHAM-WADING RIVER CENTRAL SCHOOL DISTRICT AND THE COUNTY OF SUFFOLK,
Intervenors-Respondents, for Review of the Tax Assessments Under Article
7  of  the  Real  Property  Tax  Law  for the 1984-85, 1985-86, 1986-87,
1987-88, 1988-89, 1989-90, 1990-91, and 1991-92 Tax  Years  (the  "LILCO
phase 2 judgement"), paying any other tax certiorari judgment against or
compromise or settlement of a tax certiorari claim or proceeding by said
county  resulting from proceedings commenced by the Long Island lighting

company or any successor in  interest,  paying  a  judgment  against  or
compromise  or  settlement  resulting  from  a  proceeding entitled LONG
ISLAND  POWER  AUTHORITY  and  LONG  ISLAND  LIGHTING  COMPANY,  against
SHOREHAM-WADING  RIVER  CENTRAL SCHOOL DISTRICT, COUNTY OF SUFFOLK, TOWN
OF BROOKHAVEN, SHOREHAM WADING RIVER  PUBLIC  LIBRARY  DISTRICT,  WADING
RIVER  FIRE  DISTRICT,  WADING  RIVER LIGHTING DISTRICT (the "the "PILOT
payment judgment"), or paying the principal, interest  and  premium,  if
any,  on  bonds  or  bond  anticipation  notes hereinafter issued by the
county of Suffolk to pay any such LILCO phase 2 judgment, PILOT  payment
judgment   or  compromise  or  settlement  thereof,  or  any  other  tax
certiorari judgment  against  or  compromise  or  settlement  of  a  tax
certiorari claim or proceeding by said county resulting from proceedings
commenced  by  the  Long  Island  lighting  company  or any successor in
interest.
(c) At the end of the last day of  the  sales  tax  quarter  in  which
Suffolk county shall have either paid or provided for the payment of all
such judgments or compromises or settlements in full or paid or provided
for  the  payment of the principal, interest and premium, if any, on all
bonds or bond anticipation notes issued  by  said  county  to  pay  such
judgments  or  compromises  or settlements, the authorization granted in
subdivision (a) of this section shall expire. Despite  such  expiration,
the   provisions   of  this  section  and  any  regulations  promulgated
thereunder,  including  the  provisions  with  respect  to   assessment,
payment,   termination,   collection  and  refund  of  such  taxes,  the
requirements for filing returns, preservation of records and disposition
of revenue shall continue in full force and effect with respect  to  all
such taxes accrued up to the effective date of such expiration.