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

                                  8631

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2009
                               ___________

Introduced  by M. of A. GALEF -- 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
  Putnam 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:

  Section 1. The tax law is amended by adding a  new  section  253-x  to
read as follows:
  S  253-X.  RECORDING  TAX  IMPOSED  BY THE COUNTY OF PUTNAM. 1. PUTNAM
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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14026-01-9
              

A. 8631                             2

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 THE
STATE" SHALL BE READ AS "WITHIN PUTNAM COUNTY", UNLESS A DIFFERENT MEAN-
ING 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
PUTNAM 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 ARTI-
CLE, 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
PUTNAM  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  PUTNAM.  NOTWITHSTANDING  THE  PROVISIONS  OF  THE  PRECEDING
SENTENCE, THE TAX SO IMPOSED AND PAID UPON MORTGAGES COVERING REAL PROP-
ERTY  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 PUTNAM, THE SECRE-
TARY OF STATE AND THE STATE COMPTROLLER WITHIN FIVE DAYS AFTER THE  DATE
IT IS DULY ENACTED.
  S 2. This act shall take effect immediately.