S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1960
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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
   Washington 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-y  to
 read as follows:
   §  253-Y.  RECORDING TAX IMPOSED BY THE COUNTY OF WASHINGTON. 1. WASH-
 INGTON 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 SITU-
 ATED  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03668-01-9

 S. 1960                             2
 
 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
 PURSUANT TO THIS SECTION, AND ANY REFERENCE TO THE PHRASE  "WITHIN  THIS
 STATE"  SHALL  BE READ AS "WITHIN WASHINGTON 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  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
 WASHINGTON 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 TREASURER  OF
 WASHINGTON  COUNTY  AND,  AFTER  THE  DEDUCTION BY SUCH TREASURER 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  WASHINGTON  FOR  EXPENDITURE  ON  THE  SUPPORT  OF  COMMUNITY
 COLLEGES IN ACCORDANCE WITH ARTICLE ONE HUNDRED TWENTY-SIX OF THE EDUCA-
 TION  LAW. 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 WASHINGTON, THE
 SECRETARY OF STATE AND THE STATE COMPTROLLER WITHIN FIVE DAYS AFTER  THE
 DATE IT IS DULY ENACTED.
   § 2. This act shall take effect immediately.