The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5061--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment   Operations  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the tax law, in relation to authorizing  the  county  of
   Otsego  to  impose an additional mortgage recording tax; 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-z to
 read as follows:
   § 253-Z.  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 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.
                                                            LBD09853-03-1

 S. 5061--A                          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 OTSEGO COUNTY", UNLESS A DIFFERENT MEAN-
 ING 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
 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 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.
   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. This act shall take effect immediately and shall expire December
 31, 2024 when upon such date the provisions of this act shall be  deemed
 repealed.