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8. Special apportionment of special city, town, village aid for the nineteen hundred eighty-five-nineteen hundred eighty-six and nineteen hundred eighty-six-nineteen hundred eighty-seven fiscal years.

During the state fiscal years commencing April first, nineteen hundred eighty-five and April first, nineteen hundred eighty-six, each city, town, and village, as defined in paragraph a of subdivision seven-a of this section, shall be apportioned an amount equal to its base year special city, town, village aid as defined in paragraph 1 of subdivision one of this section.

9. Certification of revenue sharing aid, needs based aid and special city, town and village aid.

a. Revenue sharing aid. (1) The provisions of paragraph a of subdivision seven of this section as they apply to certification of revenue sharing aid for state fiscal years commencing April first, nineteen hundred eighty-five and April first, nineteen hundred eighty-six shall be suspended and the provisions of this subparagraph shall apply for such fiscal years. Not later than April fifteenth of each state fiscal year the comptroller shall certify to the director of the budget, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee, the amount of revenue sharing aid which is payable to each county, city, town and village for such state fiscal year. For the state fiscal years commencing April first, nineteen hundred eighty-five and April first, nineteen hundred eighty-six such amounts shall equal the apportionments made pursuant to the provisions of subdivision two-a of this section. For state fiscal years commencing on or after April first, nineteen hundred eighty-seven, such amounts shall equal the apportionments made pursuant to the provisions of subdivision two of this section.

the certification

(2) For towns, shall set forth separately the amounts payable for town-wide and town outside village purposes, and shall also state the total amount payable to each town. For the city of New York, the certification shall set forth separately the amounts payable under the city and county apportionments, and shall also state the total amount payable to the city of New York.

(3) The rates established and the calculations and estimates made pursuant to such subdivisions shall be filed in the office of the comptroller.

b. Needs based aid. (1) Not later than April fifteenth of each state fiscal year the comptroller shall certify to the director of the budget, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee, the amount of needs based aid which is payable to each county, city, town and village for such fiscal year. For the state fiscal years commencing April first, nineteen hundred eighty-five and April first, nineteen hundred eighty-six such amounts shall equal the apportionments made pursuant to the provisions of subdivision five of this section.

(2) The calculations and estimates made pursuant to such subdivision shall be filed in the office of the comptroller.

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C. Special city, town, village aid. Not later than April fifteenth of each state fiscal year the comptroller shall certify to the director the budget, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee, the amount of special city, town, village aid which is payable to each city, town and village for such fiscal year. For the state fiscal years commencing April first, nineteen hundred eighty-five and April first, nineteen hundred eightysix such amounts shall equal the apportionments made pursuant to the provisions of subdivision eight of this section. For the state fiscal years commencing on or after April first, nineteen hundred eighty-seven, such amounts shall equal the apportionments made pursuant to the provisions of subdivision seven-a of this section.

10. Payment of per capita aid. The amounts certified as payable pursuant to subdivision nine of this section shall be paid out of any monies appropriated by the legislature for the purposes of this section, in accordance with subdivision seven of this section except as otherwise provided as follows:

a. Needs based aid. For each state fiscal year the amount apportioned pursuant to paragraph b of subdivision nine of this section shall be paid on September fifteenth.

b. Special city, town and village aid. For each state fiscal year the amount apportioned pursuant to subdivision eight of this section and certified as payable pursuant to subdivision nine of this section shall be paid to each city, town and village (i) on the last day of its local

fiscal year which is current as of October thirty-first of such state fiscal year or (ii) on February first of such state fiscal year, whichever is earlier; provided, however, that the payment date for any city, town or village shall be March fifteenth, of such state fiscal year if the comptroller receives a written request for such later payment date from the chief fiscal officer of such city, town or village at least ten days prior to the date on which the payment would otherwise have been made. The comptroller shall notify the director of the budget, the chairman of the senate finance committee and the chairman of the assembly ways and means committee of any such written request.

§ 18. Subdivision eleven of section fifty-four of such law, as amended by chapter one thousand seventeen of the laws of nineteen hundred sixtysix and as renumbered by section sixteen* of this act, is amended to read as follows:

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11. Use of [per capita state] revenue sharing aid. a. The chief fiscal officer of every county, city, village and town shall pay the amounts received by him under the provisions of paragraph a of subdivision ten of this section into the general fund of the county, city, village or town for general county, city, village or town purposes respectively, except that such amounts received by a town for the town outside village area shall be used for the following purposes in the order stated: (1) for town purposes for which taxes may be levied on the area of the town outside of villages, (2) as a credit against amounts of taxes levied or to be levied ad valorem for other town purposes taxable property in the town outside village area, (3) as a credit against amounts of taxes levied or to be levied ad valorem for county purposes on all taxable property in the town outside village area, (4) as a credit against special ad valorem levies on property in the town outside village area in a town where the entire town outside village area is subject to special ad valorem levies provided that such credit shall be a uniform rate on assessed valuation in all parts of the town outside village area and such uniform rate shall not exceed the total of the rates for special ad valorem levies in any part of the town outside village area. The rate on assessed valuation for each special ad valorem levy, as shown on the tax bill for each parcel, shall be the rate before application of such credit. Such credit shall be shown as a rate on assessed valuation and as a percentage of the total of such rates for such special ad valorem levies on such parcel. Each such special ad valorem rate shall be deemed to have been reduced by such percentage.

b. In no event shall such amounts received by a town for the town outside village area be used as part or all of the local share necessary to qualify for for state assistance pursuant to [section two hundred seventy-nine of] the highway law.

$ 19. Subparagraphs two and twenty-eight of paragraph j of subdivision one of section fifty-four of such law, as separately amended by chapters four hundred five and nine hundred fifty-seven of the laws of nineteen hundred eighty-one, are amended to read as follows:

(2) section [thirteen-a of chapter four hundred forty of the laws of nineteen hundred twenty-six] two hundred nineteen of the racing, parimutuel wagering and breeding law, as amended;

(28) [section seven-a of chapter four hundred forty of the laws of nineteen hundred twenty-six, and sections nine, nine-a, forty-five, seventy-eight and one hundred twenty-five of the pari-mutuel revenue law] sections two hundred eight, two hundred twenty-eight, two hundred twenty-nine, three hundred eighteen, four hundred eighteen and five hundred twenty-seven of the racing, pari-mutuel wagering and breeding law; § 20. (a) The sum of nine hundred sixty-six million five hundred thousand dollars ($966,500,000), or so much thereof as may be necessary, is hereby appropriated from any moneys in the general fund to the credit of the local assistance account, for the purpose of making payments pursuant to section fifty-four of the state finance law for the state fiscal year commencing April first, nineteen hundred eighty-five. Payments from this appropriation shall be made on the audit and warrant of the state comptroller, in accordance with the payment schedule set

forth in subdivision ten of such section.

So in original. ("sixteen" should be "seventeen".)

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

(b) Notwithstanding any provision of law to the contrary, the amounts payable on June twenty-fifth, nineteen hundred eighty-five, to a city having a population of one million or more shall be reduced by fortynine million eight hundred eight thousand nine hundred eleven dollars ($49,808,911). Such forty-nine million eight hundred eight thousand nine hundred eleven dollars ($49,808,911), shall be paid to such city on December fifteenth, nineteen hundred eighty-five, which payment shall be for the entitlement period, ending June thirtieth, nineteen hundred eighty-five.

(c) Notwithstanding any other provision of law, the amount paid from this appropriation to any city, county, town or village for the support of local government shall constitute the complete liquidation of the state's obligation for such purposes pursuant to section fifty-four of the state finance law.

§ 21. This act shall take effect immediately except that section fifteen of this act shall take effect April first, nineteen hundred eighty

seven.

The amendments made to the provisions of section fifty-four of the state finance law by the provisions of sections one through fourteen and sections seventeen and eighteen of this act shall expire on March thirty-first, nineteen hundred eighty-seven and upon such date the provisions of such sections shall revert to and be read as set out in law on the date immediately preceding the effective date of such sections one through fourteen and sections seventeen and eighteen of this act except that such expired provisions shall be deemed to thereafter continue in full force and effect for the purposes of the calculation and payment of aid for the state fiscal years commencing April first, nineteen hundred eighty-five and April first, nineteen hundred eightysix.

CHAPTER 70

AN ACT to amend the state finance law and a chapter of the laws of nineteen hundred eighty-five, amending such law relating to apportionment of revenue sharing, as proposed in legislative bill number S. 4951 A. 7269, in relation to revenue sharing aid, needs based aid and special city, town and village aid

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Became a law April 25, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The third unnumbered paragraph of paragraph c of subdivision one of section fifty-four of the state finance law, as amended by chapter seven hundred twenty-nine of the laws of nineteen hundred seventy-three, is amended to read as follows:

"Full value" of a town outside village means the full value obtained by applying the state equalization rate of the town to the assessed value of the unincorporated area of the town calculated on the basis of the town assessment roll [minus the full value of any area of the town located in villages calculated on the basis of the village assessment roll or rolls], except that where subdivision four of this section applies town outside village full value shall be calculated under the provisions of such subdivision.

§ 2. Subdivision two-a of section fifty-four of such law, as added by a chapter of the laws of nineteen hundred eighty-five, amending the state finance law relating to the apportionment of revenue sharing, as proposed in legislative bill number S. 4951 - A. 7269, is amended to read as follows:

2-a. Special apportionment of revenue sharing aid for the nineteen hundred eighty-five-nineteen hundred eighty-six, and nineteen hundred eighty-six-nineteen hundred eighty-seven fiscal years.

a. During the state fiscal year commencing April first, nineteen hundred eighty-five each county, city, town, and village shall be apportioned its base year revenue sharing aid plus twenty percent of the excess, if any, of (i) the total amount which would be apportioned to such county, city, town, or village pursuant to the provisions of subdivision two and paragraphs a through e of subdivision seven-a of this section as such subdivisions would apply for the state fiscal year commencing April first, nineteen hundred eighty-seven, over (ii) the total base year aid for such county, city, town, or village.

b. During the state fiscal year commencing April first, nineteen hundred eighty-six each county, city, town, and village shall be apportioned its base year revenue sharing aid plus thirty-six and sixty-seven one hundredths percent of the excess, if any, of (i) the total amount which would be apportioned to such county, city, town, or village pursuant to the provisions of subdivision two and paragraphs a through e of subdivision seven-a of this section as such subdivisions would apply for the state fiscal year commencing April first, nineteen hundred eightyseven, over (ii) the total base year aid for such county, city, town or village.

c. For each fiscal year, the base revenue sharing aid shall be paid to counties, towns and villages pursuant to subdivision seven of this section.

d. Subject to the provisions of paragraph i of subdivision seven of this section and section twenty of a chapter of the laws of nineteen hundred eighty-five, entitled "An act to amend the state finance law, in relation to apportionment of revenue sharing aid, needs based aid and special city, town and village aid and making an appropriation therefor", for each fiscal year, the base revenue sharing aid shall be paid to cities on June twenty-fifth; provided, however, that when the fiscal year of a city ends on April thirtieth, an amount equivalent to one-fourth of such aid shall be paid on or before April twenty-fifth and when the fiscal year of a city ends on May thirty-first, an amount equivalent to one-half of such aid shall be paid on or before May twenty-fifth, and the balance of such aid for such cities shall be paid on June twenty-fifth.

[c] e. For each fiscal year the amount apportioned pursuant to this subdivision in excess of the base year revenue sharing aid shall be paid September fifteenth [and the base year revenue sharing aid shall be paid pursuant to subdivision seven of this section].

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§ 3. Paragraph a of subdivision five of section fifty-four of such law, as added by such chapter of the laws of nineteen hundred eightyfive, is amended to read as follows:

a. Definitions. As used in this subdivison*:

(1) "County" means each county located outside the city of New York. (2) "City" means each city having a population of less than one million.

(3) "Population" means the final population count as shown by the nineteen hundred eighty decennial federal census or a special population census certified to the state comptroller pursuant to paragraph b of subdivision one of this section, whichever is later.

(4) "Social services reimbursement" means the amount of money such county received during its fiscal year ending in nineteen hundred eighty-three from the federal and state governments for social services including but not limited to reimbursement for medical assistance, aid to dependent children, social services administration, child care, juvenile delinquency, home relief, adults in public institutions, adults in private institutions, home energy assistance, emergency aid for adults, burials, day care, food stamps program administration and services for recipients, as determined by the state comptroller and compiled in the state comptroller's nineteen hundred eighty-three local government data

base.

* So in original. (Word misspelled.)

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

(5) "Unemployment rate" means the average annual percentage of the [work] labor force unemployed during calendar year nineteen hundred eighty-three, as determined by the commissioner of labor.

(6) "Weighted unemployed population" means a county's population multiplied by such county's unemployment rate.

(7) "Local revenues" means for each city with a population of less than a million but greater than one hundred fifty thousand an amount equal to the sum of all taxes, fees, charges, assessments, and other revenues including sales tax revenues from a county pursuant to a distribution agreement and property tax and non-property tax revenues for school purposes, received by such city, less any revenues received from the federal or state government and revenues received for the repayment of social services, during such city's fiscal year ending in nineteen hundred eighty-three, as determined by the state comptroller and compiled in the state comptroller's nineteen hundred eighty-three local government data base. "Local revenues" means for each town an amount equal to the sum of all taxes, fees, charges, assessments, and other revenues including sales tax revenues from a county pursuant to a distribution agreement received by such town, and fire district revenues collected in such town, less any revenues received from the federal or state government and revenues received for the repayment of social services, during such town's fiscal year ending in nineteen hundred eightythree, as determined by the state comptroller and compiled in the state comptroller's nineteen hundred eighty-three local government data base. "Local revenues" means for each city with a population of less than one hundred fifty thousand and for each village an amount equal to the sum of all taxes, fees, charges, assessments and other revenues including sales tax revenues from a county pursuant to a distribution agreement received by such city or village, less any revenues received from the federal or state governments and revenues received for the repayment of social services, during such city's or village's fiscal year ending nineteen hundred eighty-three, as determined by the state comptroller and compiled in the state comptroller's nineteen hundred eighty-three local government data base.

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(8) The "state comptroller's nineteen hundred eighty-three local government data base" means the standardized level of summary of information [gathered] determined and compiled from annual financial reports prescribed by the state comptroller based on the New York state uniform system of accounts and filed by the chief fiscal officer of each municipality with the state comptroller.

Provided, however, where population, local revenues, unemployment rate or social services reimbursement to be used in calculating apportionments pursuant to this subdivision are not available, it shall be estimated by the state comptroller, upon the basis of information provided by the localities and such other information as may be available for the

purpose.

$4. Subparagraph one of paragraph e of subdivision seven-a of section fifty-four of such law, as added by such chapter of the laws of nineteen hundred eighty-five, is amended to read as follows:

(1) Not later than [April fifteenth] May twenty-fifth of each state fiscal year the comptroller shall certify to the director of the budget, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee, the amount of special city, town, village aid aid which is payable to each city, town and village for such fiscal year pursuant to this subdivision.

§ 5. Subdivision nine of section fifty-four of such law, as added by such chapter of the laws of nineteen hundred eighty-five, is amended to read as follows:

9.

a.

Certification of revenue sharing aid, needs based aid and special city, town and village aid. Revenue sharing aid. (1) The provisions of paragraph a of subdivision seven of this section as they apply to certification of revenue sharing aid for state fiscal years commencing April first, nineteen hundred eighty-five and April first, nineteen hundred eighty-six shall be suspended and the provisions of this subparagraph shall apply for such fiscal years. Not later than April [fifteenth] twenty-fifth of each state fiscal year the comptroller shall certify to the director of the budget, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee, the amount of revenue sharing aid which is payable on April twenty-fifth of such fiscal year to each county, city, town and village. Not later than May twenty-fifth of each state fiscal year the comptroller shall certify to the director of the

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