senate Bill S5487A

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:S5487A

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 or suspending 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
obligations secured by a mortgage on real property.

LEGISLATURE HISTORY: 2013, S.5487

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become law, and shall expire and be deemed repealed on
December 1, 2017.

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

                                 5487--A

                       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 -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  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
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11106-02-4

S. 5487--A                          2

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
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.

S. 5487--A                          3

  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 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,
2017.

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