senate Bill S3174

2011-2012 Legislative Session

Relates to authorizing the county of Tompkins to impose a county recording tax on obligation secured by a mortgage on real property

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Feb 10, 2011 referred to investigations and government operations

S3174 - Bill Details

See Assembly Version of this Bill:
A4697
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Add §253-y, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S7652A, A10127A

S3174 - Bill Texts

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Relates to authorizing the county of Tompkins to impose a county recording tax on obligation secured by a mortgage on real property.

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BILL NUMBER:S3174

TITLE OF BILL:
An act
to amend the tax law, in relation to authorizing the county of Tompkins
to impose a county recording tax on obligation secured by a mortgage on
real property; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:
To authorize the Tompkins 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 Tompkins 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 Tompkins County Legislature passed a resolution requesting that
the New York State Legislature enact legislation permitting Tompkins
County to increase the mortgage recording tax on obligations secured
by a mortgage on real property.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law, and shall expire and be deemed repealed on December 1, 2014.

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

                                  3174

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 10, 2011
                               ___________

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
  Tompkins  to  impose a county recording tax on obligation secured by a
  mortgage on real property;  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 TOMPKINS. 1. TOMPKINS
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.
                                                           LBD08576-01-1

S. 3174                             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 THIS
STATE" SHALL BE READ AS "WITHIN TOMPKINS  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 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 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  TOMPKINS  COUNTY
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
TOMPKINS 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 TOMPKINS FOR EXPENDITURE ON 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 SAID 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  TOMPKINS,  THE
SECRETARY  OF STATE AND THE STATE COMPTROLLER WITHIN FIVE DAYS AFTER THE
DATE IT IS DULY ENACTED.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law, and shall expire and be deemed repealed December 1,
2014.

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