Authorizes the county of St. Lawrence to impose an additional mortgage recording tax of 50 cents per $100 of debt; provides for expiration and repeal of such provisions by December 1, 2012.
STATE OF NEW YORK
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9903
IN ASSEMBLY
February 9, 2010
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Introduced by M. of A. RUSSELL -- Multi-Sponsored by -- M. of A. SCOZZA-
FAVA -- 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
St. Lawrence to impose an additional mortgage recording tax 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 St. Lawrence. 1. St.
4 Lawrence 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 fifty 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 fifty cents on such mortgage if the
12 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
26 this section or not relevant to the tax authorized by this section. For
27 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.
LBD15728-01-0
A. 9903 2
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 St. Lawrence 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 first undesignated paragraph of
10 section two hundred sixty of this article which concerns real property
11 situated in two or more counties. Where such property is situated both
12 within such county and without the state, the amount due and payable to
13 such county shall be determined in the manner prescribed in the second
14 undesignated paragraph of such section two hundred sixty which concerns
15 property situated within and without the state. Where real property is
16 situated within and without the county imposing such tax, the recording
17 officer of the jurisdiction in which the mortgage is first recorded
18 shall be 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. Notwithstanding any provision of this article to the contrary, the
23 balance of all moneys paid to the recording officer of the county of St.
24 Lawrence during each month upon account of the tax imposed pursuant to
25 the authority of this section, after deducting the necessary expenses of
26 his or her office as provided in section two hundred sixty-two of this
27 article, except taxes paid upon mortgages which under the provisions of
28 this section or section two hundred sixty of this article are first to
29 be apportioned by the commissioner, shall be paid over by such officer
30 on or before the tenth day of each succeeding month to the treasurer of
31 St. Lawrence county and, after the deduction by such treasurer of the
32 necessary expenses of his or her office provided in section two hundred
33 sixty-two of this article shall be deposited in the general fund of the
34 county of St. Lawrence for expenditure by such county for any county
35 purpose. Notwithstanding the provisions of the preceding sentence, the
36 tax so imposed and paid upon mortgages covering real property situated
37 in two or more counties, which under the provisions of this section or
38 section two hundred sixty of this article are first to be apportioned by
39 the commissioner, shall be paid over by the recording officer receiving
40 the same as provided by the determination of the commissioner.
41 6. Any local law imposing a tax pursuant to the authority of this
42 section or repealing or suspending such a tax shall take effect only on
43 the first day of a calendar month. Such a local law shall not be effec-
44 tive unless a certified copy thereof is mailed by registered or certi-
45 fied mail to the commissioner at the commissioner's office in Albany at
46 least thirty days prior to the date the local law shall take effect.
47 7. Certified copies of any local law described in this section shall
48 also be filed with the county clerk of the county of St. Lawrence the
49 secretary of state and the state comptroller within five days after the
50 date it is duly enacted.
51 § 2. This act shall take effect on the sixtieth day after it shall
52 have become a law and shall expire and be deemed repealed December 1,
53 2012.
