S T A T E   O F   N E W   Y O R K
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                                   4458
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  B. MILLER  --  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
   in the county of Otsego
 
   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:
   §  253-Y.  RECORDING  TAX  IMPOSED BY THE COUNTY OF OTSEGO. 1.  OTSEGO
 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 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 FIFTY 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
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06602-01-9

 A. 4458                             2
 
 PURSUANT  TO  THIS SECTION, AND ANY REFERENCE TO THE PHRASE "WITHIN THIS
 STATE" SHALL BE READ AS "WITHIN OTSEGO COUNTY", UNLESS A DIFFERENT MEAN-
 ING IS INDICATED.
   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
 OTSEGO 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
 OTSEGO 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 OTSEGO 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.
   7. CERTIFIED COPIES OF ANY LOCAL LAW DESCRIBED IN THIS  SECTION  SHALL
 ALSO  BE FILED WITH THE COUNTY CLERK OF THE COUNTY OF OTSEGO, THE SECRE-
 TARY OF STATE AND THE STATE COMPTROLLER WITHIN FIVE DAYS AFTER THE  DATE
 IT IS DULY ENACTED.
   §  2. Subdivision 1 of section 261 of the tax law is amended by adding
 a new paragraph (h-1) to read as follows:
   (H-1) WITH RESPECT TO THE COUNTY OF OTSEGO, TO THE COUNTY TREASURER OF
 SUCH COUNTY FOR DEPOSIT INTO THE GENERAL FUND OF THE COUNTY OF OTSEGO;
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.