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A05316 Summary:

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A05316 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5316
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 17, 2015
                                       ___________
 
        Introduced  by  M.  of A. STEC, WOERNER -- read once and referred to the
          Committee on Ways and Means
 
        AN ACT to amend the tax law, in relation to authorizing  the  county  of
          Washington to impose an additional mortgage recording tax
 
          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 Washington. 1. Wash-
     4  ington county, acting through its  local  legislative  body,  is  hereby
     5  authorized  and empowered to adopt and amend local laws imposing in such
     6  county a tax of twenty-five cents for each one hundred dollars and  each
     7  remaining  major  fraction thereof of principal debt or obligation which
     8  is or under any contingency may be secured  at  the  date  of  execution
     9  thereof, or at any time thereafter, by a mortgage on real property situ-
    10  ated  within  such  county  and recorded on or after the date upon which
    11  such tax takes effect and a tax of twenty-five cents on such mortgage if
    12  the principal debt or obligation which is or by any contingency  may  be
    13  secured by such mortgage is less than one hundred dollars.
    14    2.  The  taxes  imposed  under  the authority of this section shall be
    15  administered and collected in the same manner as the taxes imposed under
    16  subdivision one of section two hundred fifty-three and paragraph (b)  of
    17  subdivision  one  of  section  two  hundred  fifty-five of this article.
    18  Except as otherwise provided in this section, all the provisions of this
    19  article relating to or applicable to the administration  and  collection
    20  of  the  taxes  imposed  by  such  subdivisions shall apply to the taxes
    21  imposed under the authority of this section with such  modifications  as
    22  may  be  necessary to adapt such language to the tax so authorized. Such
    23  provisions shall apply with the  same  force  and  effect  as  if  those
    24  provisions  had  been  set  forth  in full in this section except to the
    25  extent that any provision is either inconsistent  with  a  provision  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08047-01-5
        A. 5316                             2
 
     1  this  section or not relevant to the tax authorized by this section. For
     2  purposes of this section, any reference in this article to  the  tax  or
     3  taxes  imposed by this article shall be deemed to refer to a tax imposed
     4  pursuant  to  this section, and any reference to the phrase "within this
     5  state" shall be read as "within Washington county", unless  a  different
     6  meaning is clearly required.
     7    3.  Where the real property covered by the mortgage subject to the tax
     8  imposed pursuant to the authority of this section is  situated  in  this
     9  state but within and without the county imposing such tax, the amount of
    10  such  tax due and payable to such county shall be determined in a manner
    11  similar to that  prescribed  in  the  first  undesignated  paragraph  of
    12  section  two  hundred sixty of this article which concerns real property
    13  situated in two or more counties. Where such property is  situated  both
    14  within  such county and without the state, the amount due and payable to
    15  such county shall be determined in the manner prescribed in  the  second
    16  undesignated  paragraph of such section two hundred sixty which concerns
    17  property situated within and without the state. Where real  property  is
    18  situated  within and without the county imposing such tax, the recording
    19  officer of the jurisdiction in which  the  mortgage  is  first  recorded
    20  shall be required to collect the taxes imposed pursuant to this section.
    21    4. A tax imposed pursuant to the authority of this section shall be in
    22  addition to the taxes imposed by section two hundred fifty-three of this
    23  article.
    24    5.  Notwithstanding any provision of this article to the contrary, the
    25  balance of all moneys paid to the recording officer  of  the  county  of
    26  Washington during each month upon account of the tax imposed pursuant to
    27  the authority of this section, after deducting the necessary expenses of
    28  his  or  her office as provided in section two hundred sixty-two of this
    29  article, except taxes paid upon mortgages which under the provisions  of
    30  this  section  or section two hundred sixty of this article are first to
    31  be apportioned by the commissioner, shall be paid over by  such  officer
    32  on  or before the tenth day of each succeeding month to the treasurer of
    33  Washington county and, after the deduction  by  such  treasurer  of  the
    34  necessary  expenses of his or her office provided in section two hundred
    35  sixty-two of this article shall be deposited in the general fund of  the
    36  county  of  Washington  for  expenditure  on  the  support  of community
    37  colleges in accordance with article one hundred twenty-six of the educa-
    38  tion law. Notwithstanding the provisions of the preceding sentence,  the
    39  tax  so  imposed and paid upon mortgages covering real property situated
    40  in two or more counties, which under the provisions of this  section  or
    41  section two hundred sixty of this article are first to be apportioned by
    42  the  commissioner, shall be paid over by the recording officer receiving
    43  the same as provided by the determination of the commissioner.
    44    6. Any local law imposing a tax pursuant  to  the  authority  of  this
    45  section  or repealing or suspending such a tax shall take effect only on
    46  the first day of a calendar month. Such a local law shall not be  effec-
    47  tive  unless  a certified copy thereof is mailed by registered or certi-
    48  fied mail to the commissioner at the commissioner's office in Albany  at
    49  least thirty days prior to the date the local law shall take effect.
    50    7.  Certified  copies of any local law described in this section shall
    51  also be filed with the county clerk of the  county  of  Washington,  the
    52  secretary  of state and the state comptroller within five days after the
    53  date it is duly enacted.
    54    § 2. This act shall take effect immediately.