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A01582 Summary:

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A01582 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1582--A
                                                                 Cal. No. 85
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on  Judiciary  --  advanced  to  a  third reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 

        AN ACT to amend the tax law and the administrative code of the  city  of
          New  York,  in  relation to the liability of referees for interest and
          penalties in connection with transfer taxes on deeds
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The tax law is amended by adding a new section 1422 to read
     2  as follows:
     3    §  1422.  Foreclosure  proceedings. Where the conveyance consists of a
     4  transfer of property made as a result of an order  of  the  court  in  a
     5  foreclosure  proceeding  ordering the sale of such property, the referee
     6  or sheriff effectuating such transfer shall not be liable for any inter-
     7  est or penalties that are authorized pursuant to this article or article

     8  thirty-seven of this chapter.
     9    § 2. The tax law is amended by adding a new section 1437  to  read  as
    10  follows:
    11    §  1437.  Foreclosure  proceedings. Where the conveyance consists of a
    12  transfer of property made as a result of an order  of  the  court  in  a
    13  foreclosure  proceeding  ordering the sale of such property, the referee
    14  or sheriff effectuating such transfer shall not be liable for any inter-
    15  est or penalties that are authorized pursuant to this article or article
    16  thirty-seven of this chapter.
    17    § 3. The tax law is amended by adding a new section 1438-p to read  as
    18  follows:
    19    §  1438-p. Foreclosure proceedings. Where the conveyance consists of a
    20  transfer of property made as a result of an order  of  the  court  in  a

    21  foreclosure  proceeding  ordering the sale of such property, the referee
    22  or sheriff effectuating such transfer shall not be liable for any inter-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04799-05-3
        A. 1582--A                          2
 
     1  est or penalties that are authorized pursuant to this article or article
     2  thirty-seven of this chapter.
     3    §  4.  Article  31-A-2  of the tax law, as added by chapter 556 of the
     4  laws of 2007, is amended by adding a  new  section  1439-p  to  read  as
     5  follows:
     6    §  1439-p. Foreclosure proceedings. Where the conveyance consists of a

     7  transfer of property made as a result of an order  of  the  court  in  a
     8  foreclosure  proceeding  ordering the sale of such property, the referee
     9  or sheriff effectuating such transfer shall not be liable for any inter-
    10  est or penalties that are authorized pursuant to this article or article
    11  thirty-seven of this chapter.
    12    § 5. Article 31-A-2 of the tax law, as added by  chapter  543  of  the
    13  laws  of  2007,  is  amended  by  adding a new section 1439-p to read as
    14  follows:
    15    § 1439-p. Foreclosure proceedings. Where the conveyance consists of  a
    16  transfer  of  property  made  as  a result of an order of the court in a
    17  foreclosure proceeding ordering the sale of such property,  the  referee

    18  or sheriff effectuating such transfer shall not be liable for any inter-
    19  est or penalties that are authorized pursuant to this article or article
    20  thirty-seven of this chapter.
    21    §  6.  Article  31-A-2  of the tax law, as added by chapter 544 of the
    22  laws of 2007, is amended by adding a  new  section  1439-p  to  read  as
    23  follows:
    24    §  1439-p. Foreclosure proceedings. Where the conveyance consists of a
    25  transfer of property made as a result of an order  of  the  court  in  a
    26  foreclosure  proceeding  ordering the sale of such property, the referee
    27  or sheriff effectuating such transfer shall not be liable for any inter-
    28  est or penalties that are authorized pursuant to this article or article
    29  thirty-seven of this chapter.

    30    § 7. The tax law is amended by adding a new section 1439-pp to read as
    31  follows:
    32    § 1439-pp. Foreclosure proceedings. Where the conveyance consists of a
    33  transfer of property made as a result of an order  of  the  court  in  a
    34  foreclosure  proceeding  ordering the sale of such property, the referee
    35  or sheriff effectuating such transfer shall not be liable for any inter-
    36  est or penalties that are authorized pursuant to this article or article
    37  thirty-seven of this chapter.
    38    § 8. The tax law is amended by adding a new section 1447-a to read  as
    39  follows:
    40    §  1447-a. Foreclosure proceedings. Where the conveyance consists of a
    41  transfer of property made as a result of an order  of  the  court  in  a

    42  foreclosure  proceeding  ordering the sale of such property, the referee
    43  or sheriff effectuating such transfer shall not be liable for any inter-
    44  est or penalties that are authorized pursuant to this article or article
    45  thirty-seven of this chapter.
    46    § 9. The tax law is amended by adding a new section 1448-v to read  as
    47  follows:
    48    §  1448-v. Foreclosure proceedings. Where the conveyance consists of a
    49  transfer of property made as a result of an order  of  the  court  in  a
    50  foreclosure  proceeding  ordering the sale of such property, the referee
    51  or sheriff effectuating such transfer shall not be liable for any inter-
    52  est or penalties that are authorized pursuant to this article or article
    53  thirty-seven of this chapter.

    54    § 10. The tax law is amended by adding a new section 1449-u to read as
    55  follows:
        A. 1582--A                          3
 
     1    § 1449-u. Foreclosure proceedings. Where the conveyance consists of  a
     2  transfer  of  property  made  as  a result of an order of the court in a
     3  foreclosure proceeding ordering the sale of such property,  the  referee
     4  or sheriff effectuating such transfer shall not be liable for any inter-
     5  est or penalties that are authorized pursuant to this article or article
     6  thirty-seven of this chapter.
     7    §  11.  The tax law is amended by adding a new section 1449-pp to read
     8  as follows:
     9    § 1449-pp. Foreclosure proceedings. Where the conveyance consists of a

    10  transfer of property made as a result of an order  of  the  court  in  a
    11  foreclosure  proceeding  ordering the sale of such property, the referee
    12  or sheriff effectuating such transfer shall not be liable for any inter-
    13  est or penalties that are authorized pursuant to this article or article
    14  thirty-seven of this chapter.
    15    § 12. The tax law is amended by adding a new section 1449-ppp to  read
    16  as follows:
    17    §  1449-ppp. Foreclosure proceedings. Where the conveyance consists of
    18  a transfer of property made as a result of an order of the  court  in  a
    19  foreclosure  proceeding  ordering the sale of such property, the referee
    20  or sheriff effectuating such transfer shall not be liable for any inter-

    21  est or penalties that are authorized pursuant to this article or article
    22  thirty-seven of this chapter.
    23    § 13. The tax law is amended by adding a new section 1449-pppp to read
    24  as follows:
    25    § 1449-pppp. Foreclosure proceedings. Where the conveyance consists of
    26  a transfer of property made as a result of an order of the  court  in  a
    27  foreclosure  proceeding  ordering the sale of such property, the referee
    28  or sheriff effectuating such transfer shall not be liable for any inter-
    29  est or penalties that are authorized pursuant to this article or article
    30  thirty-seven of this chapter.
    31    § 14. The tax law is amended by adding a  new  section  1449-ppppp  to
    32  read as follows:
    33    §  1449-ppppp.  Foreclosure proceedings. Where the conveyance consists

    34  of a transfer of property made as a result of an order of the court in a
    35  foreclosure proceeding ordering the sale of such property,  the  referee
    36  or sheriff effectuating such transfer shall not be liable for any inter-
    37  est or penalties that are authorized pursuant to this article or article
    38  thirty-seven of this chapter.
    39    §  15. Section 1240 of the tax law, as added by chapter 93 of the laws
    40  of 1965, is amended to read as follows:
    41    § 1240. Administration and  collection.  The  taxes  authorized  under
    42  sections  twelve hundred one through twelve hundred four of this article
    43  which are now imposed shall continue to be administered and collected by
    44  the fiscal or other officers of the city, county or school  district  in
    45  the  same  manner  as such taxes have been administered and collected by

    46  such officers immediately prior to the enactment  of  this  article,  in
    47  accordance with the applicable provisions of the charter, administrative
    48  code, local law, ordinance or resolution then in force, with such amend-
    49  ments  in  respect  to  administration and collection as may be enacted.
    50  Taxes authorized  under  sections  twelve  hundred  one  through  twelve
    51  hundred  four  of this article which may hereafter be imposed by a city,
    52  county or school district shall be administered and  collected  in  such
    53  manner  as  may  be  provided in its charter, administrative code, local
    54  laws, ordinances or resolutions, with  such  amendments  in  respect  to
    55  administration  and  collection  as may be enacted.  Notwithstanding any
    56  other provision of law to the contrary, the authorization to impose  tax

        A. 1582--A                          4
 
     1  upon  the  transfer  of  real  property  pursuant  to subdivision (b) of
     2  section twelve hundred one of this article, shall not, when the  convey-
     3  ance  consists of a transfer of property made as a result of an order of
     4  the  court in a foreclosure proceeding ordering the sale of such proper-
     5  ty, include the authorization to impose  civil  or  criminal  penalties,
     6  interest,  or  other  liability upon the referee or sheriff effectuating
     7  the transfer.
     8    § 16. The administrative code of the city of New York  is  amended  by
     9  adding a new section 11-2119 to read as follows:
    10    §  11-2119 Foreclosure proceedings. Where the conveyance consists of a
    11  transfer of property made as a result of an order  of  the  court  in  a

    12  foreclosure  proceeding  ordering the sale of such property, the referee
    13  or sheriff effectuating the transfer shall not be liable for any  inter-
    14  est  or  penalties  authorized  by this chapter or chapter forty of this
    15  title.
    16    § 17. This act shall take effect immediately; provided, however,  that
    17  the  amendment to article 31-A-1 of the tax law made by section three of
    18  this act shall not affect the repeal of such article and shall be deemed
    19  to repeal therewith; that the amendment to article  31-A-2  of  the  tax
    20  law,  as  added by chapter 556 of the laws of 2007, made by section four
    21  of this act shall not affect the repeal of such  article  and  shall  be
    22  deemed  to repeal therewith; that the amendment to article 31-A-2 of the
    23  tax law, as added by chapter 543 of the laws of 2007,  made  by  section

    24  five  of  this act shall not affect the repeal of such article and shall
    25  be deemed to repeal therewith; that the amendment to article  31-A-2  of
    26  the  tax  law,  as  added  by  chapter  544 of the laws of 2007, made by
    27  section six of this act shall not affect the repeal of such article  and
    28  shall  be  deemed repeal therewith; that the amendment to article 31-A-3
    29  of the tax law made by section seven of this act shall  not  affect  the
    30  repeal of such article and shall be deemed to repeal therewith; that the
    31  amendment  to  article 31-B of the tax law made by section eight of this
    32  act shall not affect the repeal of such article and shall be  deemed  to
    33  repeal therewith; that the amendment to article 31-D of the tax law made
    34  by  section eleven of this act shall not affect the repeal of such arti-
    35  cle and shall be deemed to repeal therewith; that the amendment to arti-

    36  cle 31-F of the tax law made by section thirteen of this act  shall  not
    37  affect  the  repeal of such article and shall be deemed to repeal there-
    38  with.