senate Bill S5487

Amended

Authorizes Chemung county to impose an additional mortgage recording tax and authorizes such county to expend existing mortgage recording tax on county services

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / Jan / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / Jan / 2014
    • PRINT NUMBER 5487A

Summary

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.

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Bill Details

Versions:
S5487
S5487A
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Add §253-y, amd §261, Tax L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3926
2009-2010: S7467

Sponsor Memo

BILL NUMBER:S5487

TITLE OF BILL: 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

PURPOSE: To authorize the Chemung County Legislature to adopt and
amend local laws imposing a twenty-five cent per each one hundred
dollars mortgage recording tax on obligations secured by a mortgage on
real property.

SUMMARY OF PROVISIONS: The bill adds § 253-y to tax law to authorize
the Chemung County Legislature to amend local laws to impose a
twenty-five cent per each one hundred dollars mortgage recording tax
on obligations secured by a mortgage on real property. The taxes are
to be administered and collected in the same manner as the taxes
imposed under subdivision one of § 253 and paragraph (b) of section
255 of this article. Each enactment of a local law imposing a tax or
repealing such a tax shall take effect only on the first day of a
calendar month.

EXISTING LAW: § 253, § 255 of Tax Law

JUSTIFICATION: The Chemung County Legislature passed a resolution
requesting that the New York State Legislature enact legislation
permitting Chemung County to increase the mortgage recording tax on
obligation by a mortgage on real property.

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become a law and shall expire and be deemed repealed
December 1, 2016.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5487

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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:

  Section  1.  The  tax  law is amended by adding a new section 253-y to
read as follows:
  S 253-Y. RECORDING TAX IMPOSED BY THE COUNTY OF CHEMUNG. 1.    CHEMUNG
COUNTY,  ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED
AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN  SUCH  COUNTY  A
TAX OF TWENTY-FIVE CENTS FOR EACH ONE HUNDRED DOLLARS AND EACH REMAINING
MAJOR FRACTION THEREOF OF PRINCIPAL DEBT OR OBLIGATION WHICH IS OR UNDER
ANY  CONTINGENCY  MAY BE SECURED AT THE DATE OF EXECUTION THEREOF, OR AT
ANY TIME THEREAFTER, BY A MORTGAGE ON REAL PROPERTY SITUATED WITHIN SUCH
COUNTY AND RECORDED ON OR AFTER THE  DATE  UPON  WHICH  SUCH  TAX  TAKES
EFFECT  AND A TAX OF TWENTY-FIVE CENTS ON SUCH MORTGAGE IF THE PRINCIPAL
DEBT OR OBLIGATION WHICH IS OR BY ANY CONTINGENCY MAY BE SECURED BY SUCH
MORTGAGE IS LESS THAN ONE HUNDRED DOLLARS.
  2. THE TAXES IMPOSED UNDER THE AUTHORITY  OF  THIS  SECTION  SHALL  BE
ADMINISTERED AND COLLECTED IN THE SAME MANNER AS THE TAXES IMPOSED UNDER
SUBDIVISION  ONE OF SECTION TWO HUNDRED FIFTY-THREE AND PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION  TWO  HUNDRED  FIFTY-FIVE  OF  THIS  ARTICLE.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ALL THE PROVISIONS OF THIS
ARTICLE  RELATING  TO OR APPLICABLE TO THE ADMINISTRATION AND COLLECTION
OF THE TAXES IMPOSED BY SUCH  SUBDIVISIONS  SHALL  APPLY  TO  THE  TAXES
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.
                                                           LBD11106-01-3

S. 5487                             2

MAY BE NECESSARY TO ADAPT SUCH LANGUAGE TO THE TAX SO  AUTHORIZED.  SUCH
PROVISIONS  SHALL  APPLY  WITH  THE  SAME  FORCE  AND EFFECT AS IF THOSE
PROVISIONS HAD BEEN SET FORTH IN FULL IN  THIS  SECTION  EXCEPT  TO  THE
EXTENT  THAT  ANY  PROVISION  IS EITHER INCONSISTENT WITH A PROVISION OF
THIS SECTION OR NOT RELEVANT TO THE TAX AUTHORIZED BY THIS SECTION.  FOR
PURPOSES  OF  THIS  SECTION, ANY REFERENCE IN THIS ARTICLE TO THE TAX OR
TAXES IMPOSED BY THIS ARTICLE SHALL BE DEEMED TO REFER TO A TAX  IMPOSED
PURSUANT  TO  THIS SECTION, AND ANY REFERENCE TO THE PHRASE "WITHIN THIS
STATE" SHALL BE READ AS "WITHIN  CHEMUNG  COUNTY",  UNLESS  A  DIFFERENT
MEANING IS CLEARLY REQUIRED.
  3.  WHERE THE REAL PROPERTY COVERED BY THE MORTGAGE SUBJECT TO THE TAX
IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION IS  SITUATED  IN  THIS
STATE BUT WITHIN AND WITHOUT THE COUNTY IMPOSING SUCH TAX, THE AMOUNT OF
SUCH  TAX DUE AND PAYABLE TO SUCH COUNTY SHALL BE DETERMINED IN A MANNER
SIMILAR TO THAT  PRESCRIBED  IN  THE  FIRST  UNDESIGNATED  PARAGRAPH  OF
SECTION  TWO  HUNDRED SIXTY OF THIS ARTICLE WHICH CONCERNS REAL PROPERTY
SITUATED IN TWO OR MORE COUNTIES. WHERE SUCH PROPERTY IS  SITUATED  BOTH
WITHIN  SUCH COUNTY AND WITHOUT THE STATE, THE AMOUNT DUE AND PAYABLE TO
SUCH COUNTY SHALL BE DETERMINED IN THE MANNER PRESCRIBED IN  THE  SECOND
UNDESIGNATED  PARAGRAPH OF SUCH SECTION TWO HUNDRED SIXTY WHICH CONCERNS
PROPERTY SITUATED WITHIN AND WITHOUT THE STATE. WHERE REAL  PROPERTY  IS
SITUATED  WITHIN AND WITHOUT THE COUNTY IMPOSING SUCH TAX, THE RECORDING
OFFICER OF THE JURISDICTION IN WHICH  THE  MORTGAGE  IS  FIRST  RECORDED
SHALL BE REQUIRED TO COLLECT THE TAXES IMPOSED PURSUANT TO THIS SECTION.
  4. A TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL BE IN
ADDITION TO THE TAXES IMPOSED BY SECTION TWO HUNDRED FIFTY-THREE OF THIS
ARTICLE.
  5.  NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, THE
BALANCE OF ALL MONEYS PAID TO THE RECORDING OFFICER  OF  THE  COUNTY  OF
CHEMUNG  DURING  EACH  MONTH UPON ACCOUNT OF THE TAX IMPOSED PURSUANT TO
THE AUTHORITY OF THIS SECTION, AFTER DEDUCTING THE NECESSARY EXPENSES OF
HIS OR HER OFFICE AS PROVIDED IN SECTION TWO HUNDRED SIXTY-TWO  OF  THIS
ARTICLE,  EXCEPT TAXES PAID UPON MORTGAGES WHICH UNDER THE PROVISIONS OF
THIS SECTION OR SECTION TWO HUNDRED SIXTY OF THIS ARTICLE ARE  FIRST  TO
BE  APPORTIONED  BY THE COMMISSIONER, SHALL BE PAID OVER BY SUCH OFFICER
ON OR BEFORE THE TENTH DAY OF EACH SUCCEEDING MONTH TO THE TREASURER  OF
CHEMUNG  COUNTY AND, AFTER THE DEDUCTION BY SUCH TREASURER OF THE NECES-
SARY EXPENSES OF HIS OR HER  OFFICE  PROVIDED  IN  SECTION  TWO  HUNDRED
SIXTY-TWO  OF THIS ARTICLE SHALL BE DEPOSITED IN THE GENERAL FUND OF THE
COUNTY OF CHEMUNG FOR EXPENDITURE BY SUCH COUNTY FOR ANY COUNTY PURPOSE.
NOTWITHSTANDING THE PROVISIONS OF THE PRECEDING  SENTENCE,  THE  TAX  SO
IMPOSED  AND  PAID UPON MORTGAGES COVERING REAL PROPERTY SITUATED IN TWO
OR MORE COUNTIES, WHICH UNDER THE PROVISIONS OF THIS SECTION OR  SECTION
TWO  HUNDRED  SIXTY  OF  THIS ARTICLE ARE FIRST TO BE APPORTIONED BY THE
COMMISSIONER, SHALL BE PAID OVER BY THE RECORDING OFFICER RECEIVING  THE
SAME AS PROVIDED BY THE DETERMINATION OF THE COMMISSIONER.
  6.  ANY  LOCAL  LAW  IMPOSING  A TAX PURSUANT TO THE AUTHORITY OF THIS
SECTION OR REPEALING OR SUSPENDING SUCH A TAX SHALL TAKE EFFECT ONLY  ON
THE  FIRST DAY OF A CALENDAR MONTH. SUCH A LOCAL LAW SHALL NOT BE EFFEC-
TIVE UNLESS A CERTIFIED COPY THEREOF IS MAILED BY REGISTERED  OR  CERTI-
FIED  MAIL TO THE COMMISSIONER AT THE COMMISSIONER'S OFFICE IN ALBANY AT
LEAST THIRTY DAYS PRIOR TO THE DATE THE LOCAL LAW SHALL TAKE EFFECT.
  7. CERTIFIED COPIES OF ANY LOCAL LAW DESCRIBED IN THIS  SECTION  SHALL
ALSO BE FILED WITH THE COUNTY CLERK OF THE COUNTY OF CHEMUNG, THE SECRE-
TARY  OF STATE AND THE STATE COMPTROLLER WITHIN FIVE DAYS AFTER THE DATE
IT IS DULY ENACTED.

S. 5487                             3

  S 2. Paragraphs (p) and (q) of subdivision 1 of section 261 of the tax
law, as amended by chapter 365 of the laws of 2005, are  amended  and  a
new paragraph (r) is added to read as follows:
  (p)  with respect to the remaining counties of the state except Catta-
raugus county which have not suspended the imposition of such additional
tax pursuant to subdivision two of section two  hundred  fifty-three  of
this  article,  to  the  comptroller  to  be paid by him or her into the
general fund in the state treasury to the credit of the  state  purposes
account; provided that money paid to the comptroller with respect to any
such  remaining  county  in  which  on the date of such payment any mass
transportation, airport or aviation, municipal historic site,  municipal
park, community mental health and retardation facility, or sewage treat-
ment  capital  project is being carried out by a municipality with state
aid, or for which state aid will be paid, pursuant to the provisions  of
title  one  of  chapter  seven hundred seventeen of the laws of nineteen
hundred sixty-seven, section 17.05 of the parks, recreation and historic
preservation law, section 41.18 of the mental hygiene  law,  or  section
17-1903  of  the environmental conservation law, shall be applied by him
or her to increase the amount of aid for which the state is obligated in
respect to such project on such date, provided that any such increase in
state aid may not, together with any federal funds paid or to be paid on
account of the cost of such project, exceed the total cost thereof,  and
where  more  than  one such capital project is being carried out on such
date within such county, the application of such  monies  by  the  comp-
troller shall be pro-rated among such municipalities on the basis of the
respective  amounts  of  state  aid which are so obligated on such date;
[and] (q) with respect to the county of Cattaraugus, to the  comptroller
to  be paid by him or her into the general fund in the state treasury to
the credit of the state purposes account for the construction of a coun-
ty office building and a county department of public works office build-
ing, or debt service thereon being carried out by the county  of  Catta-
raugus  up  to  but  not exceeding the total cost for such county office
building and county department of public works building, or debt service
thereon less the amount of any state aid or federal funds paid or to  be
paid on account of such project or debt service thereon[.]; AND (R) WITH
RESPECT TO THE COUNTY OF CHEMUNG, TO THE COUNTY TREASURER OF SUCH COUNTY
FOR  DEPOSIT INTO THE GENERAL FUND OF THE COUNTY OF CHEMUNG TO PAY COSTS
AND EXPENSES INCURRED BY SUCH COUNTY TO PROVIDE NECESSARY SERVICES.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law and shall expire and be deemed repealed December 1,
2016.

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