Bill Text: NY S07467 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes the county of Chemung to impose an additional mortgage recording tax and authorizes such county to expend the existing mortgage recoding tax on county services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-14 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07467 Detail]
Download: New_York-2009-S07467-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 7467 A. 10666 S E N A T E - A S S E M B L Y April 14, 2010 ___________ IN SENATE -- Introduced by Sen. WINNER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Investi- gations and Government Operations IN ASSEMBLY -- Introduced by M. of A. O'MARA -- 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 Chemung to impose an additional mortgage recording tax and authorizing such county to expend the existing mortgage recording tax on necessary county services; 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 CHEMUNG. 1. CHEMUNG 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16677-01-0 S. 7467 2 A. 10666 1 MAY BE NECESSARY TO ADAPT SUCH LANGUAGE TO THE TAX SO AUTHORIZED. SUCH 2 PROVISIONS SHALL APPLY WITH THE SAME FORCE AND EFFECT AS IF THOSE 3 PROVISIONS HAD BEEN SET FORTH IN FULL IN THIS SECTION EXCEPT TO THE 4 EXTENT THAT ANY PROVISION IS EITHER INCONSISTENT WITH A PROVISION OF 5 THIS SECTION OR NOT RELEVANT TO THE TAX AUTHORIZED BY THIS SECTION. FOR 6 PURPOSES OF THIS SECTION, ANY REFERENCE IN THIS ARTICLE TO THE TAX OR 7 TAXES IMPOSED BY THIS ARTICLE SHALL BE DEEMED TO REFER TO A TAX IMPOSED 8 PURSUANT TO THIS SECTION, AND ANY REFERENCE TO THE PHRASE "WITHIN THIS 9 STATE" SHALL BE READ AS "WITHIN CHEMUNG COUNTY", UNLESS A DIFFERENT 10 MEANING IS CLEARLY REQUIRED. 11 3. WHERE THE REAL PROPERTY COVERED BY THE MORTGAGE SUBJECT TO THE TAX 12 IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION IS SITUATED IN THIS 13 STATE BUT WITHIN AND WITHOUT THE COUNTY IMPOSING SUCH TAX, THE AMOUNT OF 14 SUCH TAX DUE AND PAYABLE TO SUCH COUNTY SHALL BE DETERMINED IN A MANNER 15 SIMILAR TO THAT PRESCRIBED IN THE FIRST UNDESIGNATED PARAGRAPH OF 16 SECTION TWO HUNDRED SIXTY OF THIS ARTICLE WHICH CONCERNS REAL PROPERTY 17 SITUATED IN TWO OR MORE COUNTIES. WHERE SUCH PROPERTY IS SITUATED BOTH 18 WITHIN SUCH COUNTY AND WITHOUT THE STATE, THE AMOUNT DUE AND PAYABLE TO 19 SUCH COUNTY SHALL BE DETERMINED IN THE MANNER PRESCRIBED IN THE SECOND 20 UNDESIGNATED PARAGRAPH OF SUCH SECTION TWO HUNDRED SIXTY WHICH CONCERNS 21 PROPERTY SITUATED WITHIN AND WITHOUT THE STATE. WHERE REAL PROPERTY IS 22 SITUATED WITHIN AND WITHOUT THE COUNTY IMPOSING SUCH TAX, THE RECORDING 23 OFFICER OF THE JURISDICTION IN WHICH THE MORTGAGE IS FIRST RECORDED 24 SHALL BE REQUIRED TO COLLECT THE TAXES IMPOSED PURSUANT TO THIS SECTION. 25 4. A TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL BE IN 26 ADDITION TO THE TAXES IMPOSED BY SECTION TWO HUNDRED FIFTY-THREE OF THIS 27 ARTICLE. 28 5. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, THE 29 BALANCE OF ALL MONEYS PAID TO THE RECORDING OFFICER OF THE COUNTY OF 30 CHEMUNG DURING EACH MONTH UPON ACCOUNT OF THE TAX IMPOSED PURSUANT TO 31 THE AUTHORITY OF THIS SECTION, AFTER DEDUCTING THE NECESSARY EXPENSES OF 32 HIS OR HER OFFICE AS PROVIDED IN SECTION TWO HUNDRED SIXTY-TWO OF THIS 33 ARTICLE, EXCEPT TAXES PAID UPON MORTGAGES WHICH UNDER THE PROVISIONS OF 34 THIS SECTION OR SECTION TWO HUNDRED SIXTY OF THIS ARTICLE ARE FIRST TO 35 BE APPORTIONED BY THE COMMISSIONER, SHALL BE PAID OVER BY SUCH OFFICER 36 ON OR BEFORE THE TENTH DAY OF EACH SUCCEEDING MONTH TO THE TREASURER OF 37 CHEMUNG COUNTY AND, AFTER THE DEDUCTION BY SUCH TREASURER OF THE NECES- 38 SARY EXPENSES OF HIS OR HER OFFICE PROVIDED IN SECTION TWO HUNDRED 39 SIXTY-TWO OF THIS ARTICLE SHALL BE DEPOSITED IN THE GENERAL FUND OF THE 40 COUNTY OF CHEMUNG FOR EXPENDITURE BY SUCH COUNTY FOR ANY COUNTY PURPOSE. 41 NOTWITHSTANDING THE PROVISIONS OF THE PRECEDING SENTENCE, THE TAX SO 42 IMPOSED AND PAID UPON MORTGAGES COVERING REAL PROPERTY SITUATED IN TWO 43 OR MORE COUNTIES, WHICH UNDER THE PROVISIONS OF THIS SECTION OR SECTION 44 TWO HUNDRED SIXTY OF THIS ARTICLE ARE FIRST TO BE APPORTIONED BY THE 45 COMMISSIONER, SHALL BE PAID OVER BY THE RECORDING OFFICER RECEIVING THE 46 SAME AS PROVIDED BY THE DETERMINATION OF THE COMMISSIONER. 47 6. ANY LOCAL LAW IMPOSING A TAX PURSUANT TO THE AUTHORITY OF THIS 48 SECTION OR REPEALING OR SUSPENDING SUCH A TAX SHALL TAKE EFFECT ONLY ON 49 THE FIRST DAY OF A CALENDAR MONTH. SUCH A LOCAL LAW SHALL NOT BE EFFEC- 50 TIVE UNLESS A CERTIFIED COPY THEREOF IS MAILED BY REGISTERED OR CERTI- 51 FIED MAIL TO THE COMMISSIONER AT THE COMMISSIONER'S OFFICE IN ALBANY AT 52 LEAST THIRTY DAYS PRIOR TO THE DATE THE LOCAL LAW SHALL TAKE EFFECT. 53 7. CERTIFIED COPIES OF ANY LOCAL LAW DESCRIBED IN THIS SECTION SHALL 54 ALSO BE FILED WITH THE COUNTY CLERK OF THE COUNTY OF CHEMUNG, THE SECRE- 55 TARY OF STATE AND THE STATE COMPTROLLER WITHIN FIVE DAYS AFTER THE DATE 56 IT IS DULY ENACTED. S. 7467 3 A. 10666 1 S 2. Paragraphs (p) and (q) of subdivision 1 of section 261 of the tax 2 law, as amended by chapter 365 of the laws of 2005, are amended and a 3 new paragraph (r) is added to read as follows: 4 (p) with respect to the remaining counties of the state except Catta- 5 raugus county which have not suspended the imposition of such additional 6 tax pursuant to subdivision two of section two hundred fifty-three of 7 this article, to the comptroller to be paid by him or her into the 8 general fund in the state treasury to the credit of the state purposes 9 account; provided that money paid to the comptroller with respect to any 10 such remaining county in which on the date of such payment any mass 11 transportation, airport or aviation, municipal historic site, municipal 12 park, community mental health and retardation facility, or sewage treat- 13 ment capital project is being carried out by a municipality with state 14 aid, or for which state aid will be paid, pursuant to the provisions of 15 title one of chapter seven hundred seventeen of the laws of nineteen 16 hundred sixty-seven, section 17.05 of the parks, recreation and historic 17 preservation law, section 41.18 of the mental hygiene law, or section 18 17-1903 of the environmental conservation law, shall be applied by him 19 or her to increase the amount of aid for which the state is obligated in 20 respect to such project on such date, provided that any such increase in 21 state aid may not, together with any federal funds paid or to be paid on 22 account of the cost of such project, exceed the total cost thereof, and 23 where more than one such capital project is being carried out on such 24 date within such county, the application of such monies by the comp- 25 troller shall be pro-rated among such municipalities on the basis of the 26 respective amounts of state aid which are so obligated on such date; 27 [and] (q) with respect to the county of Cattaraugus, to the comptroller 28 to be paid by him or her into the general fund in the state treasury to 29 the credit of the state purposes account for the construction of a coun- 30 ty office building and a county department of public works office build- 31 ing, or debt service thereon being carried out by the county of Catta- 32 raugus up to but not exceeding the total cost for such county office 33 building and county department of public works building, or debt service 34 thereon less the amount of any state aid or federal funds paid or to be 35 paid on account of such project or debt service thereon[.]; AND (R) WITH 36 RESPECT TO THE COUNTY OF CHEMUNG, TO THE COUNTY TREASURER OF SUCH COUNTY 37 FOR DEPOSIT INTO THE GENERAL FUND OF THE COUNTY OF CHEMUNG TO PAY COSTS 38 AND EXPENSES INCURRED BY SUCH COUNTY TO PROVIDE NECESSARY SERVICES. 39 S 3. This act shall take effect on the sixtieth day after it shall 40 have become a law and shall expire and be deemed repealed December 1, 41 2013.