Bill Text: NY S02255 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes the county of Washington to impose an additional 25 cents per $100 of debt, mortgage recording tax; revenue therefrom shall be used for community college purposes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02255 Detail]

Download: New_York-2017-S02255-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2255
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced by Sens. LITTLE, MARCHIONE -- read twice and ordered printed,
          and  when  printed  to be committed to the Committee on Investigations
          and Government Operations
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00386-01-7
        S. 2255                             2
     1  extent that any provision is either inconsistent  with  a  provision  of
     2  this  section or not relevant to the tax authorized by this section. For
     3  purposes of this section, any reference in this article to  the  tax  or
     4  taxes  imposed by this article shall be deemed to refer to a tax imposed
     5  pursuant to this section, and any reference to the phrase  "within  this
     6  state"  shall  be read as "within Washington county", unless a different
     7  meaning is clearly required.
     8    3. Where the real property covered by the mortgage subject to the  tax
     9  imposed  pursuant  to  the authority of this section is situated in this
    10  state but within and without the county imposing such tax, the amount of
    11  such tax due and payable to such county shall be determined in a  manner
    12  similar  to  that  prescribed  in  the  first  undesignated paragraph of
    13  section two hundred sixty of this article which concerns  real  property
    14  situated  in  two or more counties. Where such property is situated both
    15  within such county and without the state, the amount due and payable  to
    16  such  county  shall be determined in the manner prescribed in the second
    17  undesignated paragraph of such section two hundred sixty which  concerns
    18  property  situated  within and without the state. Where real property is
    19  situated within and without the county imposing such tax, the  recording
    20  officer  of  the  jurisdiction  in  which the mortgage is first recorded
    21  shall be required to collect the taxes imposed pursuant to this section.
    22    4. A tax imposed pursuant to the authority of this section shall be in
    23  addition to the taxes imposed by section two hundred fifty-three of this
    24  article.
    25    5. Notwithstanding any provision of this article to the contrary,  the
    26  balance  of  all  moneys  paid to the recording officer of the county of
    27  Washington during each month upon account of the tax imposed pursuant to
    28  the authority of this section, after deducting the necessary expenses of
    29  his or her office as provided in section two hundred sixty-two  of  this
    30  article,  except taxes paid upon mortgages which under the provisions of
    31  this section or section two hundred sixty of this article are  first  to
    32  be  apportioned  by the commissioner, shall be paid over by such officer
    33  on or before the tenth day of each succeeding month to the treasurer  of
    34  Washington  county  and,  after  the  deduction by such treasurer of the
    35  necessary expenses of his or her office provided in section two  hundred
    36  sixty-two  of this article shall be deposited in the general fund of the
    37  county of  Washington  for  expenditure  on  the  support  of  community
    38  colleges in accordance with article one hundred twenty-six of the educa-
    39  tion  law. Notwithstanding the provisions of the preceding sentence, the
    40  tax so imposed and paid upon mortgages covering real  property  situated
    41  in  two  or more counties, which under the provisions of this section or
    42  section two hundred sixty of this article are first to be apportioned by
    43  the commissioner, shall be paid over by the recording officer  receiving
    44  the same as provided by the determination of the commissioner.
    45    6.  Any  local  law  imposing  a tax pursuant to the authority of this
    46  section or repealing or suspending such a tax shall take effect only  on
    47  the  first day of a calendar month. Such a local law shall not be effec-
    48  tive unless a certified copy thereof is mailed by registered  or  certi-
    49  fied  mail to the commissioner at the commissioner's office in Albany at
    50  least thirty days prior to the date the local law shall take effect.
    51    7. Certified copies of any local law described in this  section  shall
    52  also  be  filed  with  the county clerk of the county of Washington, the
    53  secretary of state and the state comptroller within five days after  the
    54  date it is duly enacted.
    55    § 2. This act shall take effect immediately.