Bill Text: NY A09903 | 2009-2010 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-02-09 - referred to ways and means [A09903 Detail]
Download: New_York-2009-A09903-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9903 I N A S S E M B L Y February 9, 2010 ___________ 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 S 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 S 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.