STATE OF NEW YORK
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8006--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 30, 2019
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Introduced by M. of A. BYRNES -- read once and referred to the Committee
on Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to authorizing the county of
Livingston to impose an additional mortgage recording tax; and provid-
ing 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 Livingston. 1.
4 Livingston 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11988-03-9
A. 8006--A 2
1 provisions had been set forth in full in this section except to the
2 extent that any provision is either inconsistent with a provision of
3 this section or not relevant to the tax authorized by this section. For
4 purposes of this section, any reference in this article to the tax or
5 taxes imposed by this article shall be deemed to refer to a tax imposed
6 pursuant to this section, and any reference to the phrase "within this
7 state" shall be read as "within Livingston county", unless a different
8 meaning is clearly required.
9 3. Where the real property covered by the mortgage subject to the tax
10 imposed pursuant to the authority of this section is situated in this
11 state but within and without the county imposing such tax, the amount of
12 such tax due and payable to such county shall be determined in a manner
13 similar to that prescribed in the first undesignated paragraph of
14 section two hundred sixty of this article which concerns real property
15 situated in two or more counties. Where such property is situated both
16 within such county and without the state, the amount due and payable to
17 such county shall be determined in the manner prescribed in the second
18 undesignated paragraph of such section two hundred sixty which concerns
19 property situated within and without the state. Where real property is
20 situated within and without the county imposing such tax, the recording
21 officer of the jurisdiction in which the mortgage is first recorded
22 shall be required to collect the taxes imposed pursuant to this section.
23 4. A tax imposed pursuant to the authority of this section shall be in
24 addition to the taxes imposed by section two hundred fifty-three of this
25 article.
26 5. Notwithstanding any provision of this article to the contrary, the
27 balance of all moneys paid to the recording officer of the county of
28 Livingston during each month upon account of the tax imposed pursuant to
29 the authority of this section, after deducting the necessary expenses of
30 his or her office as provided in section two hundred sixty-two of this
31 article, except taxes paid upon mortgages which under the provisions of
32 this section or section two hundred sixty of this article are first to
33 be apportioned by the commissioner, shall be paid over by such officer
34 on or before the tenth day of each succeeding month to the treasurer of
35 Livingston county and, after the deduction by such treasurer of the
36 necessary expenses of his or her office provided in section two hundred
37 sixty-two of this article shall be deposited in the general fund of the
38 county of Livingston for expenditure on any county purpose. Notwith-
39 standing the provisions of the preceding sentence, the tax so imposed
40 and paid upon mortgages covering real property situated in two or more
41 counties, which under the provisions of this section or section two
42 hundred sixty of this article are first to be apportioned by the commis-
43 sioner, shall be paid over by the recording officer receiving the same
44 as provided by the determination of said commissioner.
45 6. Each enactment of a local law may provide for the imposition of a
46 mortgage tax for a period of time no longer than three years from the
47 date of its enactment. Nothing in this section shall prohibit the
48 adoption and enactment of local laws, pursuant to the provisions of this
49 section, upon the expiration of any other local law adopted pursuant to
50 this section.
51 7. Any local law imposing a tax pursuant to the authority of this
52 section or repealing or suspending such a tax shall take effect only on
53 the first day of a calendar month. Such a local law shall not be effec-
54 tive unless a certified copy thereof is mailed by registered or certi-
55 fied mail to the commissioner at the commissioner's office in Albany at
56 least thirty days prior to the date the local law shall take effect.
A. 8006--A 3
1 8. Certified copies of any local law described in this section shall
2 also be filed with the county clerk of the county of Livingston, the
3 secretary of state and the state comptroller within five days after the
4 date it is duly enacted.
5 § 2. This act shall take effect immediately and shall expire and be
6 deemed repealed December 1, 2022.