Bill Text: NY A05849 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to establishing an additional mortgage recording tax in Chenango county; provides for the repeal of such provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2024-06-06 - substituted by s5780a [A05849 Detail]

Download: New_York-2023-A05849-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5849--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
          tee  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
          Chenango 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-z  to
     2  read as follows:
     3    §  253-z. Recording tax imposed by the county of Chenango. 1. Chenango
     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
    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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10186-04-3
        A. 5849--A                          2

     1  purposes of this section, any reference in this article to  the  tax  or
     2  taxes  imposed by this article shall be deemed to refer to a tax imposed
     3  pursuant to this section, and any reference to the phrase  "within  this
     4  state"  shall  be  read  as "within Chenango county", unless a different
     5  meaning is clearly required.
     6    3. Where the real property covered by the mortgage subject to the  tax
     7  imposed  pursuant  to  the authority of this section is situated in this
     8  state but within and without the county imposing such tax, the amount of
     9  such tax due and payable to such county shall be determined in a  manner
    10  similar  to  that  prescribed  in  the  first  undesignated paragraph of
    11  section two hundred sixty of this article which concerns  real  property
    12  situated  in  two or more counties. Where such property is situated both
    13  within such county and without the state, the amount due and payable  to
    14  such  county  shall be determined in the manner prescribed in the second
    15  undesignated paragraph of such section two hundred sixty which  concerns
    16  property  situated  within and without the state. Where real property is
    17  situated within and without the county imposing such tax, the  recording
    18  officer  of  the  jurisdiction  in  which the mortgage is first recorded
    19  shall be required to collect the taxes imposed pursuant to this section.
    20    4. A tax imposed pursuant to the authority of this section shall be in
    21  addition to the taxes imposed by section two hundred fifty-three of this
    22  article.
    23    5. Notwithstanding any provision of this article to the contrary,  the
    24  balance  of  all  moneys  paid to the recording officer of the county of
    25  Chenango during each month upon account of the tax imposed  pursuant  to
    26  the authority of this section, after deducting the necessary expenses of
    27  his office as provided in section two hundred sixty-two of this article,
    28  except  taxes  paid  upon  mortgages  which under the provisions of this
    29  section or section two hundred sixty of this article  are  first  to  be
    30  apportioned  by  the commissioner, shall be paid over by such officer on
    31  or before the tenth day of each succeeding month  to  the  treasurer  of
    32  Chenango county and, after the deduction by such commissioner of finance
    33  of  the  necessary expenses of his or her office provided in section two
    34  hundred sixty-two of this article shall be deposited in the general fund
    35  of the county  of  Chenango  for  expenditure  on  any  county  purpose.
    36  Notwithstanding  the  provisions  of  the preceding sentence, the tax so
    37  imposed and paid upon mortgages covering real property situated  in  two
    38  or  more counties, which under the provisions of this section or section
    39  two hundred sixty of this article are first to  be  apportioned  by  the
    40  commissioner,  shall be paid over by the recording officer receiving the
    41  same as provided by the determination of said commissioner.
    42    6. Any local law imposing a tax pursuant  to  the  authority  of  this
    43  section  or repealing or suspending such a tax shall take effect only on
    44  the first day of a calendar month. Such a local law shall not be  effec-
    45  tive  unless  a certified copy thereof is mailed by registered or certi-
    46  fied mail to the commissioner at the commissioner's office in Albany  at
    47  least thirty days prior to the date the local law shall take effect.
    48    7.  Certified  copies of any local law described in this section shall
    49  also be filed with the county clerk  of  the  county  of  Chenango,  the
    50  secretary  of state and the state comptroller within five days after the
    51  date it is duly enacted.
    52    § 2. This act shall take effect on the sixtieth  day  after  shall  it
    53  have  become  a law and shall expire and be deemed repealed December 31,
    54  2025.