S T A T E O F N E W Y O R K
________________________________________________________________________
3479--A
2013-2014 Regular Sessions
I N S E N A T E
February 4, 2013
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the tax law and the administrative code of the city of
New York, in relation to the liability of referees for interest and
penalties in connection with transfer taxes on deeds
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 1422 to read
as follows:
S 1422. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 2. The tax law is amended by adding a new section 1437 to read as
follows:
S 1437. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 3. The tax law is amended by adding a new section 1438-p to read as
follows:
S 1438-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04799-04-3
S. 3479--A 2
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 4. Article 31-A-2 of the tax law, as added by chapter 556 of the
laws of 2007, is amended by adding a new section 1439-p to read as
follows:
S 1439-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 5. Article 31-A-2 of the tax law, as added by chapter 543 of the
laws of 2007, is amended by adding a new section 1439-p to read as
follows:
S 1439-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 6. Article 31-A-2 of the tax law, as added by chapter 544 of the
laws of 2007, is amended by adding a new section 1439-p to read as
follows:
S 1439-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 7. The tax law is amended by adding a new section 1439-pp to read as
follows:
S 1439-PP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 8. The tax law is amended by adding a new section 1447-a to read as
follows:
S 1447-A. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 9. The tax law is amended by adding a new section 1448-v to read as
follows:
S 1448-V. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 10. The tax law is amended by adding a new section 1449-u to read as
follows:
S. 3479--A 3
S 1449-U. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 11. The tax law is amended by adding a new section 1449-pp to read
as follows:
S 1449-PP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 12. The tax law is amended by adding a new section 1449-ppp to read
as follows:
S 1449-PPP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF
A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 13. The tax law is amended by adding a new section 1449-pppp to read
as follows:
S 1449-PPPP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF
A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 14. The tax law is amended by adding a new section 1449-ppppp to
read as follows:
S 1449-PPPPP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS
OF A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
THIRTY-SEVEN OF THIS CHAPTER.
S 15. Section 1240 of the tax law, as added by chapter 93 of the laws
of 1965, is amended to read as follows:
S 1240. Administration and collection. The taxes authorized under
sections twelve hundred one through twelve hundred four OF THIS ARTICLE
which are now imposed shall continue to be administered and collected by
the fiscal or other officers of the city, county or school district in
the same manner as such taxes have been administered and collected by
such officers immediately prior to the enactment of this article, in
accordance with the applicable provisions of the charter, administrative
code, local law, ordinance or resolution then in force, with such amend-
ments in respect to administration and collection as may be enacted.
Taxes authorized under sections twelve hundred one through twelve
hundred four OF THIS ARTICLE which may hereafter be imposed by a city,
county or school district shall be administered and collected in such
manner as may be provided in its charter, administrative code, local
laws, ordinances or resolutions, with such amendments in respect to
administration and collection as may be enacted. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORIZATION TO IMPOSE TAX
S. 3479--A 4
UPON THE TRANSFER OF REAL PROPERTY PURSUANT TO SUBDIVISION (B) OF
SECTION TWELVE HUNDRED ONE OF THIS ARTICLE, SHALL NOT, WHEN THE CONVEY-
ANCE CONSISTS OF A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF
THE COURT IN A FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPER-
TY, INCLUDE THE AUTHORIZATION TO IMPOSE CIVIL OR CRIMINAL PENALTIES,
INTEREST, OR OTHER LIABILITY UPON THE REFEREE OR SHERIFF EFFECTUATING
THE TRANSFER.
S 16. The administrative code of the city of New York is amended by
adding a new section 11-2119 to read as follows:
S 11-2119 FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
OR SHERIFF EFFECTUATING THE TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EST OR PENALTIES AUTHORIZED BY THIS CHAPTER OR CHAPTER FORTY OF THIS
TITLE.
S 17. This act shall take effect immediately; provided, however, that
the amendment to article 31-A-1 of the tax law made by section three of
this act shall not affect the repeal of such article and shall be deemed
to repeal therewith; that the amendment to article 31-A-2 of the tax
law, as added by chapter 556 of the laws of 2007, made by section four
of this act shall not affect the repeal of such article and shall be
deemed to repeal therewith; that the amendment to article 31-A-2 of the
tax law, as added by chapter 543 of the laws of 2007, made by section
five of this act shall not affect the repeal of such article and shall
be deemed to repeal therewith; that the amendment to article 31-A-2 of
the tax law, as added by chapter 544 of the laws of 2007, made by
section six of this act shall not affect the repeal of such article and
shall be deemed repeal therewith; that the amendment to article 31-A-3
of the tax law made by section seven of this act shall not affect the
repeal of such article and shall be deemed to repeal therewith; that the
amendment to article 31-B of the tax law made by section eight of this
act shall not affect the repeal of such article and shall be deemed to
repeal therewith; that the amendment to article 31-D of the tax law made
by section eleven of this act shall not affect the repeal of such arti-
cle and shall be deemed to repeal therewith; that the amendment to arti-
cle 31-F of the tax law made by section thirteen of this act shall not
affect the repeal of such article and shall be deemed to repeal there-
with.