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Back to A6427-2025
NY State Legislature· A6427-2025Signed by Governor

Extends the county of Westchester's additional one percent rate of sales and compensating use tax, the official text

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S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6427
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Ways and Means
 
 AN  ACT  to  amend  the  tax  law, in relation to revising the period of
   authorization for the county of Westchester's additional  one  percent
   rate  of  sales  and compensating use tax; and to amend chapter 272 of
   the laws of 1991, amending the tax  law  relating  to  the  method  of
   disposition  of  sales and compensating use tax revenue in Westchester
   county and enacting the Westchester county spending limitation act, in
   relation to revising the period of authorization  for  the  county  of
   Westchester's  additional  one  percent rate of sales and compensating
   use tax
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Clause 42 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by chapter 272 of  the  laws  of
 2023, is amended to read as follows:
   (42)  the  county  of  Westchester  is  hereby  further authorized and
 empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
 imposing  such  taxes  at  a  rate that is one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the period beginning August first, two thousand nineteen and ending
 November thirtieth, two thousand [twenty-five] TWENTY-SEVEN;
   § 2. Subdivision e of section 4 and sections 5, 7 and  16  of  chapter
 272  of the laws of 1991, amending the tax law relating to the method of
 disposition of sales and compensating use  tax  revenue  in  Westchester
 county  and  enacting the Westchester county spending limitation act, as
 amended by chapter 272 of the laws of  2023,  are  amended  to  read  as
 follows:
   e.  "Spending  limitation" means the maximum amount of county spending
 established in county fiscal years 1992, 1993, 1994, 1995,  1996,  1997,
 1998,  1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10282-01-5
 A. 6427                             2
 
 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,  2021,
 2022, 2023, 2024 [and], 2025, 2026 AND 2027.
   § 5. Establishment of annual spending limitation. a. For county fiscal
 years  1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,  2014,
 2015,  2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 [and], 2025,
 2026 AND 2027 there shall be in effect an  annual  spending  limitation.
 The  spending  limitation  shall  be  derived  from  a  fixed percentage
 reflecting the ratio of base year spending to  county  personal  income.
 County  personal  income  for  such  calculation shall be for the period
 January 1, 1986 through December 31,  1986.  Such  percentage  shall  be
 applied to county personal income for the period January 1, 1989 through
 December  31,  1989,  to  determine  the  spending limitation for county
 fiscal year 1992; to determine the spending limitation for county fiscal
 year 1993, such percentage shall be applied to  county  personal  income
 for  the  period January 1, 1990 through December 31, 1990; to determine
 the spending limitation for county fiscal  year  1994,  such  percentage
 shall  be  applied  to  county personal income for the period January 1,
 1991 through December 31, 1991; to determine the spending limitation for
 county fiscal year 1995, such percentage  shall  be  applied  to  county
 personal  income  for  the  period  January 1, 1992 through December 31,
 1992; to determine the spending limitation for county fiscal year  1996,
 such percentage shall be applied to county personal income for the peri-
 od  January 1, 1993 through December 31, 1993; to determine the spending
 limitation for county fiscal year 1997, such percentage shall be applied
 to county personal income for the period January 1, 1994 through  Decem-
 ber  31,  1994;  to  determine the spending limitation for county fiscal
 year 1998, such percentage shall be applied to  county  personal  income
 for  the  period January 1, 1995 through December 31, 1995; to determine
 the spending limitation for county fiscal  year  1999,  such  percentage
 shall  be  applied  to  county personal income for the period January 1,
 1996 through December 31, 1996; to determine the spending limitation for
 county fiscal year 2000, such percentage  shall  be  applied  to  county
 personal  income  for  the  period  January 1, 1997 through December 31,
 1997; to determine the spending limitation for county fiscal year  2001,
 such percentage shall be applied to county personal income for the peri-
 od  January 1, 1998 through December 31, 1998; to determine the spending
 limitation for county fiscal year 2002, such percentage shall be applied
 to county personal income for the period January 1, 1999 through  Decem-
 ber  31,  1999;  to  determine the spending limitation for county fiscal
 year 2003, such percentage shall be applied to  county  personal  income
 for  the  period January 1, 2000 through December 31, 2000; to determine
 the spending limitation for county fiscal  year  2004,  such  percentage
 shall  be  applied  to  county personal income for the period January 1,
 2001 through December 31, 2001; to determine the spending limitation for
 county fiscal year 2005, such percentage  shall  be  applied  to  county
 personal  income  for  the  period  January 1, 2002 through December 31,
 2002; to determine the spending limitation for county fiscal year  2006,
 such percentage shall be applied to county personal income for the peri-
 od  January 1, 2003 through December 31, 2003; to determine the spending
 limitation for the county fiscal year 2007,  such  percentage  shall  be
 applied to county personal income for the period January 1, 2004 through
 December  31,  2004; to determine the spending limitation for the county
 fiscal year 2008, such percentage shall be applied  to  county  personal
 income  for  the  period  January  1, 2005 through December 31, 2005; to
 determine the spending limitation for the county fiscal year 2009,  such
 A. 6427                             3
 
 percentage  shall  be  applied  to county personal income for the period
 January 1, 2006 through December 31, 2006;  to  determine  the  spending
 limitation  for  the  county  fiscal year 2010, such percentage shall be
 applied to county personal income for the period January 1, 2007 through
 December  31,  2007; to determine the spending limitation for the county
 fiscal year 2011, such percentage shall be applied  to  county  personal
 income  for  the  period  January  1, 2008 through December 31, 2008; to
 determine the spending limitation for the county fiscal year 2012,  such
 percentage  shall  be  applied  to county personal income for the period
 January 1, 2009 through December 31, 2009;  to  determine  the  spending
 limitation  for  the  county  fiscal year 2013, such percentage shall be
 applied to county personal income for the period January 1, 2010 through
 December 31, 2010; to determine the spending limitation for  the  county
 fiscal  year  2014,  such percentage shall be applied to county personal
 income for the period January 1, 2011  through  December  31,  2011;  to
 determine  the spending limitation for the county fiscal year 2015, such
 percentage shall be applied to county personal  income  for  the  period
 January  1,  2012  through  December 31, 2012; to determine the spending
 limitation for county fiscal year 2016, such percentage shall be applied
 to the county personal income for the period  January  1,  2013  through
 December  31,  2013; to determine the spending limitation for the county
 fiscal year 2017, such percentage shall be applied  to  county  personal
 income  for the period January 1, 2014 through December 31, 2014; and to
 determine the spending limitation for  county  fiscal  year  2018,  such
 percentage shall be applied to the county personal income for the period
 January  1,  2015  through  December 31, 2015; to determine the spending
 limitation for the county fiscal year 2019,  such  percentage  shall  be
 applied to county personal income for the period January 1, 2016 through
 December  31,  2016; and to determine the spending limitation for county
 fiscal year 2020,  such  percentage  shall  be  applied  to  the  county
 personal  income  for  the  period  January 1, 2017 through December 31,
 2017; and to determine the spending limitation  for  the  county  fiscal
 year  2021,  such  percentage shall be applied to county personal income
 for the period January 1, 2018 through December 31, 2018; and to  deter-
 mine  the  spending  limitation  for  the  county fiscal year 2022, such
 percentage shall be applied to county personal  income  for  the  period
 January 1, 2019 through December 31, 2019; and to determine the spending
 limitation  for  the  county  fiscal year 2023, such percentage shall be
 applied to county personal income for the period January 1, 2020 through
 December 31, 2020; and to determine  the  spending  limitation  for  the
 county  fiscal  year  2024,  such  percentage shall be applied to county
 personal income for the period January  1,  2021  through  December  31,
 2021;  and  to  determine  the spending limitation for the county fiscal
 year 2025, such percentage shall be applied to  county  personal  income
 for  the period January 1, 2022 through December 31, 2022; AND TO DETER-
 MINE THE SPENDING LIMITATION FOR  THE  COUNTY  FISCAL  YEAR  2026,  SUCH
 PERCENTAGE  SHALL  BE  APPLIED  TO COUNTY PERSONAL INCOME FOR THE PERIOD
 JANUARY 1, 2023 THROUGH DECEMBER 31, 2023; AND TO DETERMINE THE SPENDING
 LIMITATION FOR THE COUNTY FISCAL YEAR 2027,  SUCH  PERCENTAGE  SHALL  BE
 APPLIED TO COUNTY PERSONAL INCOME FOR THE PERIOD JANUARY 1, 2024 THROUGH
 DECEMBER 31, 2024.
   b.  The  spending  limitation shall serve as a statutory cap on county
 spending to be reflected in the tentative budget as well as the  enacted
 budget for county fiscal years beginning in 1992.
   §  7.  Mandatory  tax reduction. In the event that the county spending
 subject to the spending limitation exceeds such limitation in the  adop-
 A. 6427                             4

 tive  county budget for county fiscal year 1992, 1993, 1994, 1995, 1996,
 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
 2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,
 2021,  2022,  2023, 2024 [or], 2025, 2026 OR 2027 then section 1262-b of
 the tax law shall be repealed.
   § 16. This act shall take effect immediately, provided, however,  that
 sections one through seven of this act shall be in full force and effect
 until November 30, [2025] 2027.
   §  3.  This  act shall take effect immediately; provided, however that
 the amendments to sections 4, 5 and 7 of chapter 272 of the laws of 1991
 made by section two of this act shall not affect the expiration of  such
 sections and shall expire and be deemed repealed therewith.
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