STATE OF NEW YORK
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5364--A
2017-2018 Regular Sessions
IN SENATE
March 23, 2017
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Introduced by Sen. SEWARD -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- recommitted to the Committee on Investigations and
Government Operations in accordance with Senate Rule 6, sec. 8 --
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
Otsego to impose an additional mortgage recording tax; and providing
for the repeal of such provisions upon the 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 Otsego. 1. Otsego
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 twenty-five cents for each one hundred dollars and each remaining
7 major fraction thereof of principal debt or obligation which is or under
8 any contingency may be secured at the date of execution thereof, or at
9 any time thereafter, by a mortgage on real property situated within such
10 county and recorded on or after the date upon which such tax takes
11 effect and a tax of twenty-five cents on such mortgage if the principal
12 debt or obligation which is or by any contingency may be secured by such
13 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09958-02-8
S. 5364--A 2
1 imposed under the authority of this section with such modifications as
2 may be necessary to adapt such language to the tax so authorized. Such
3 provisions shall apply with the same force and effect as if those
4 provisions had been set forth in full in this section except to the
5 extent that any provision is either inconsistent with a provision of
6 this section or not relevant to the tax authorized by this section. For
7 purposes of this section, any reference in this article to the tax or
8 taxes imposed by this article shall be deemed to refer to a tax imposed
9 pursuant to this section, and any reference to the phrase "within this
10 state" shall be read as "within Otsego county", unless a different mean-
11 ing is clearly required.
12 3. Where the real property covered by the mortgage subject to the tax
13 imposed pursuant to the authority of this section is situated in this
14 state but within and without the county imposing such tax, the amount of
15 such tax due and payable to such county shall be determined in a manner
16 similar to that prescribed in the first undesignated paragraph of
17 section two hundred sixty of this article which concerns real property
18 situated in two or more counties. Where such property is situated both
19 within such county and without the state, the amount due and payable to
20 such county shall be determined in the manner prescribed in the second
21 undesignated paragraph of such section two hundred sixty which concerns
22 property situated within and without the state. Where real property is
23 situated within and without the county imposing such tax, the recording
24 officer of the jurisdiction in which the mortgage is first recorded
25 shall be required to collect the taxes imposed pursuant to this section.
26 4. A tax imposed pursuant to the authority of this section shall be in
27 addition to the taxes imposed by section two hundred fifty-three of this
28 article.
29 5. 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 Otsego during each month upon account of the tax imposed pursuant to the
32 authority of this section, after deducting the necessary expenses of his
33 or her office as provided in section two hundred sixty-two of this arti-
34 cle, except taxes paid upon mortgages which under the provisions of this
35 section or section two hundred sixty of this article are first to be
36 apportioned by the commissioner, shall be paid over by such officer on
37 or before the tenth day of each succeeding month to the treasurer of
38 Otsego county and, after the deduction by such treasurer of the neces-
39 sary expenses of his or her office provided in section two hundred
40 sixty-two of this article shall be deposited in the general fund of the
41 county of Otsego for expenditure on any county purpose. Notwithstanding
42 the provisions of the preceding sentence, the tax so imposed and paid
43 upon mortgages covering real property situated in two or more counties,
44 which under the provisions of this section or section two hundred sixty
45 of this article are first to be apportioned by the commissioner, shall
46 be paid over by the recording officer receiving the same as provided by
47 the determination of the commissioner.
48 6. 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 7. Certified copies of any local law described in this section shall
55 also be filed with the county clerk of the county of Otsego, the secre-
S. 5364--A 3
1 tary of state and the state comptroller within five days after the date
2 it is duly enacted.
3 § 2. This act shall take effect immediately and shall expire and be
4 deemed repealed on and after December 31, 2020.
