S T A T E O F N E W Y O R K
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3753
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
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Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to the mortgage recording tax
imposed in Dutchess county 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 DUTCHESS. 1. DUTCHESS
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 FIFTY 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 BY A MORTGAGE ON REAL PROPERTY SITUATED WITH-
IN SUCH COUNTY AND WHICH IS RECORDED ON OR AFTER THE DATE UPON WHICH
SUCH TAX TAKES EFFECT.
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05347-02-3
A. 3753 2
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 DUTCHESS 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 OPENING 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. (A) PURSUANT TO THE PROVISIONS OF THIS ARTICLE DUTCHESS COUNTY
SHALL GRANT AN EXEMPTION FROM SUCH TAX WHERE THE MORTGAGOR IS A
FIRST-TIME HOME BUYER AND THE RESIDENCE BEING MORTGAGED IS INTENDED TO
BE SUCH MORTGAGOR'S PRINCIPAL PLACE OF RESIDENCE.
(B) THE COMMISSIONER SHALL PROMULGATE NECESSARY AND ADVISABLE RULES
AND REGULATIONS TO ESTABLISH GROUNDS FOR QUALIFICATION, PROOF AND PROCE-
DURE NECESSARY FOR A MORTGAGOR TO OBTAIN SUCH AN EXEMPTION.
6. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, THE
BALANCE OF ALL MONEYS PAID TO THE RECORDING OFFICER OF THE COUNTY OF
DUTCHESS 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 DUTCHESS
COUNTY TREASURER AND, AFTER THE DEDUCTION BY THE DUTCHESS COUNTY TREAS-
URER OF THE NECESSARY 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 DUTCHESS 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 THE COMMISSIONER.
7. 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.
8. CERTIFIED COPIES OF ANY LOCAL LAW DESCRIBED IN THIS SECTION SHALL
ALSO BE FILED WITH THE COUNTY CLERK OF THE COUNTY OF DUTCHESS, THE
A. 3753 3
SECRETARY OF STATE AND THE STATE COMPTROLLER WITHIN FIVE DAYS AFTER THE
DATE IT IS DULY ENACTED.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed December 1, 2017.