STATE OF NEW YORK
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3753
2013-2014 Regular Sessions
IN ASSEMBLY
January 29, 2013
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Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to the mortgage recording tax
imposed in Dutchess county and providing for the repeal of such
provisions upon expiration thereof
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 253-y to
2 read as follows:
3 § 253-y. Recording tax imposed by the county of Dutchess. 1. Dutchess
4 county, acting through its local legislative body, is hereby authorized
5 and empowered to adopt and amend local laws imposing in such county a
6 tax of fifty cents for each one hundred dollars and each remaining major
7 fraction thereof of principal debt or obligation which is or under any
8 contingency may be secured by a mortgage on real property situated with-
9 in such county and which is recorded on or after the date upon which
10 such tax takes effect.
11 2. The taxes imposed under the authority of this section shall be
12 administered and collected in the same manner as the taxes imposed under
13 subdivision one of section two hundred fifty-three and paragraph (b) of
14 subdivision one of section two hundred fifty-five of this article.
15 Except as otherwise provided in this section, all the provisions of this
16 article relating to or applicable to the administration and collection
17 of the taxes imposed by such subdivisions shall apply to the taxes
18 imposed under the authority of this section with such modifications as
19 may be necessary to adapt such language to the tax so authorized. Such
20 provisions shall apply with the same force and effect as if those
21 provisions had been set forth in full in this section except to the
22 extent that any provision is either inconsistent with a provision of
23 this section or not relevant to the tax authorized by this section. For
24 purposes of this section, any reference in this article to the tax or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05347-02-3
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1 taxes imposed by this article shall be deemed to refer to a tax imposed
2 pursuant to this section, and any reference to the phrase "within this
3 state" shall be read as "within Dutchess county", unless a different
4 meaning is clearly required.
5 3. Where the real property covered by the mortgage subject to the tax
6 imposed pursuant to the authority of this section is situated in this
7 state but within and without the county imposing such tax, the amount of
8 such tax due and payable to such county shall be determined in a manner
9 similar to that prescribed in the opening paragraph of section two
10 hundred sixty of this article which concerns real property situated in
11 two or more counties. Where such property is situated both within such
12 county and without the state, the amount due and payable to such county
13 shall be determined in the manner prescribed in the second undesignated
14 paragraph of such section two hundred sixty which concerns property
15 situated within and without the state. Where real property is situated
16 within and without the county imposing such tax, the recording officer
17 of the jurisdiction in which the mortgage is first recorded shall be
18 required to collect the taxes imposed pursuant to this section.
19 4. A tax imposed pursuant to the authority of this section shall be in
20 addition to the taxes imposed by section two hundred fifty-three of this
21 article.
22 5. (a) Pursuant to the provisions of this article Dutchess county
23 shall grant an exemption from such tax where the mortgagor is a first-
24 time home buyer and the residence being mortgaged is intended to be such
25 mortgagor's principal place of residence.
26 (b) The commissioner shall promulgate necessary and advisable rules
27 and regulations to establish grounds for qualification, proof and proce-
28 dure necessary for a mortgagor to obtain such an exemption.
29 6. Notwithstanding any provision of this article to the contrary, the
30 balance of all moneys paid to the recording officer of the county of
31 Dutchess during each month upon account of the tax imposed pursuant to
32 the authority of this section, after deducting the necessary expenses of
33 his or her office as provided in section two hundred sixty-two of this
34 article, except taxes paid upon mortgages which under the provisions of
35 this section or section two hundred sixty of this article are first to
36 be apportioned by the commissioner, shall be paid over by such officer
37 on or before the tenth day of each succeeding month to the Dutchess
38 county treasurer and, after the deduction by the Dutchess county treas-
39 urer of the necessary expenses of his or her office provided in section
40 two hundred sixty-two of this article shall be deposited in the general
41 fund of the county of Dutchess for expenditure on any county purpose.
42 Notwithstanding the provisions of the preceding sentence, the tax so
43 imposed and paid upon mortgages covering real property situated in two
44 or more counties, which under the provisions of this section or section
45 two hundred sixty of this article are first to be apportioned by the
46 commissioner, shall be paid over by the recording officer receiving the
47 same as provided by the determination of the commissioner.
48 7. Any local law imposing a tax pursuant to the authority of this
49 section or repealing or suspending such a tax shall take effect only on
50 the first day of a calendar month. Such a local law shall not be effec-
51 tive unless a certified copy thereof is mailed by registered or certi-
52 fied mail to the commissioner at the commissioner's office in Albany at
53 least thirty days prior to the date the local law shall take effect.
54 8. Certified copies of any local law described in this section shall
55 also be filed with the county clerk of the county of Dutchess, the
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1 secretary of state and the state comptroller within five days after the
2 date it is duly enacted.
3 § 2. This act shall take effect immediately and shall expire and be
4 deemed repealed December 1, 2017.
