Senate Bill S10276

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10276
 
                             I N  S E N A T E
 
                               May 11, 2026
                                ___________
 
 Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, in relation to  authorizing  the  town  of
   Clarkstown,  county  of  Rockland  to establish community preservation
   funds; to amend the tax law, in relation to authorizing  the  town  of
   Clarkstown  to  impose a real estate transfer tax with revenues there-
   from to be deposited in said community preservation fund; and  provid-
   ing  for  the repeal of certain provisions of the tax law upon expira-
   tion thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  town  law is amended by adding a new section 64-m to
 read as follows:
   § 64-M. TOWN OF CLARKSTOWN PRESERVATION FUNDS.  1.  AS  USED  IN  THIS
 SECTION,  THE  FOLLOWING  WORDS AND TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "TOWN" MEANS THE TOWN OF CLARKSTOWN.
   (B) "COMMUNITY  PRESERVATION"  SHALL  MEAN  AND  INCLUDE  ANY  OF  THE
 PURPOSES OUTLINED IN SUBDIVISION FIVE OF THIS SECTION.
   (C)  "BOARD" MEANS THE ADVISORY BOARD REQUIRED PURSUANT TO SUBDIVISION
 SIX OF THIS SECTION.
   (D) "FUND" MEANS THE COMMUNITY PRESERVATION FUND CREATED  PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION.
   (E)  "TAX" SHALL MEAN THE REAL ESTATE TRANSFER TAX IMPOSED PURSUANT TO
 SECTION FOURTEEN HUNDRED FIFTY-ONE-B OF THE TAX LAW OR, IF  THE  CONTEXT
 CLEARLY  INDICATES,  SHALL  MEAN  THE  REAL  ESTATE TRANSFER TAX IMPOSED
 PURSUANT TO ARTICLE THIRTY-ONE OF THE TAX LAW.
   2. THE TOWN BOARD OF THE TOWN OF CLARKSTOWN IS AUTHORIZED TO ESTABLISH
 BY LOCAL LAW A COMMUNITY PRESERVATION FUND PURSUANT TO THE PROVISIONS OF
 THIS SECTION. DEPOSITS INTO THE FUND MAY INCLUDE REVENUES OF  THE  LOCAL
 GOVERNMENT  FROM  WHATEVER  SOURCE  AND SHALL INCLUDE, AT A MINIMUM, ALL
 REVENUES FROM A TAX IMPOSED UPON THE TRANSFER OF REAL PROPERTY INTERESTS
 IN SUCH TOWN PURSUANT TO ARTICLE THIRTY-ONE-K OF THE TAX LAW.  THE  FUND
 SHALL  ALSO  BE AUTHORIZED TO ACCEPT GIFTS OF ANY SUCH INTERESTS IN LAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15618-02-6
 S. 10276                            2
 
 OR OF FUNDS. INTEREST ACCRUED BY MONIES DEPOSITED INTO THE FUND SHALL BE
 CREDITED TO THE FUND. IN NO EVENT SHALL MONIES DEPOSITED IN THE FUND  BE
 TRANSFERRED  TO  ANY  OTHER  ACCOUNT.  NOTHING CONTAINED IN THIS SECTION
 SHALL  BE CONSTRUED TO PREVENT THE FINANCING IN WHOLE OR IN PART, PURSU-
 ANT TO THE LOCAL FINANCE LAW, OF ANY ACQUISITION AUTHORIZED PURSUANT  TO
 THIS  SECTION. MONIES FROM THE FUND MAY BE UTILIZED TO REPAY ANY INDEBT-
 EDNESS OR  OBLIGATIONS  INCURRED  PURSUANT  TO  THE  LOCAL  FINANCE  LAW
 CONSISTENT WITH EFFECTUATING THE PURPOSES OF THIS SECTION.
   3.  THE  PURPOSES OF THE FUND SHALL BE EXCLUSIVELY: (A) TO IMPLEMENT A
 PLAN FOR THE PRESERVATION OF COMMUNITY CHARACTER  AS  REQUIRED  BY  THIS
 SECTION,  (B)  TO  ACQUIRE  INTERESTS OR RIGHTS IN REAL PROPERTY FOR THE
 PRESERVATION OF COMMUNITY CHARACTER WITHIN THE TOWN  INCLUDING  VILLAGES
 THEREIN  IN  ACCORDANCE  WITH  SUCH PLAN AND IN COOPERATION WITH WILLING
 SELLERS, (C) TO ESTABLISH A BANK PURSUANT TO A TRANSFER  OF  DEVELOPMENT
 RIGHTS  PROGRAM  CONSISTENT WITH SECTION TWO HUNDRED SIXTY-ONE-A OF THIS
 CHAPTER, AND (D) TO PROVIDE A MANAGEMENT  AND  STEWARDSHIP  PROGRAM  FOR
 SUCH  INTERESTS  AND  RIGHTS  CONSISTENT  WITH  SUBDIVISION  TEN OF THIS
 SECTION AND IN ACCORDANCE WITH SUCH PLAN DESIGNED TO PRESERVE  COMMUNITY
 CHARACTER.  NOT  MORE THAN TEN PERCENT OF THE FUND SHALL BE UTILIZED FOR
 THE MANAGEMENT AND STEWARDSHIP PROGRAM.
   4. IF THE IMPLEMENTATION OF THE COMMUNITY PRESERVATION  PROJECT  PLAN,
 ADOPTED  BY  THE  TOWN  BOARD,  AS PROVIDED IN SUBDIVISION SEVEN OF THIS
 SECTION, HAS BEEN COMPLETED, AND FUNDS ARE  NO  LONGER  NEEDED  FOR  THE
 PURPOSES  OUTLINED IN THIS SUBDIVISION, THEN ANY REMAINING MONIES IN THE
 FUND SHALL BE APPLIED TO REDUCE ANY BONDED INDEBTEDNESS  OR  OBLIGATIONS
 INCURRED TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   5.  PRESERVATION  OF  COMMUNITY CHARACTER SHALL INVOLVE ONE OR MORE OF
 THE FOLLOWING:
   (A) PRESERVATION OF OPEN SPACE;
   (B) ESTABLISHMENT OF PARKS, NATURE PRESERVES, OR RECREATION AREAS;
   (C) PRESERVATION OF LAND WHICH IS  PREDOMINANTLY  VIABLE  AGRICULTURAL
 LAND,  AS  DEFINED  IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED ONE OF
 THE AGRICULTURE AND MARKETS LAW, OR UNIQUE  AND  IRREPLACEABLE  AGRICUL-
 TURAL  LAND,  AS DEFINED IN SUBDIVISION SIX OF SECTION THREE HUNDRED ONE
 OF THE AGRICULTURE AND MARKETS LAW;
   (D) PRESERVATION OF FRESHWATER MARSHES OR OTHER WETLANDS;
   (E) PRESERVATION OF AQUIFER RECHARGE AREAS;
   (F) PRESERVATION OF UNDEVELOPED BEACH-LANDS OR SHORELINE;
   (G) ESTABLISHMENT OF WILDLIFE REFUGES FOR THE PURPOSE  OF  MAINTAINING
 NATIVE  ANIMAL  SPECIES  DIVERSITY,  INCLUDING THE PROTECTION OF HABITAT
 ESSENTIAL TO THE RECOVERY OF RARE, THREATENED OR ENDANGERED SPECIES;
   (H) PRESERVATION OF UNIQUE OR THREATENED ECOLOGICAL AREAS;
   (I) PRESERVATION OF RIVERS AND RIVER AREAS IN A NATURAL,  FREE-FLOWING
 CONDITION;
   (J) PRESERVATION OF FORESTED LAND;
   (K)  PRESERVATION  OF  PUBLIC ACCESS TO LANDS FOR PUBLIC USE INCLUDING
 STREAM RIGHTS AND WATERWAYS;
   (L) PRESERVATION OF HISTORIC PLACES AND PROPERTIES LISTED ON  THE  NEW
 YORK  STATE REGISTER OF HISTORIC PLACES AND/OR PROTECTED UNDER A MUNICI-
 PAL HISTORIC PRESERVATION ORDINANCE OR LAW;
   (M) UNDERTAKING ANY OF THE PURPOSES OF THIS SUBDIVISION IN FURTHERANCE
 OF THE ESTABLISHMENT OF A GREENBELT; AND
   (N) PRESERVATION OF LAND OF EXCEPTIONAL SCENIC VALUE.
   6. THE TOWN BOARD WHICH HAS ESTABLISHED A COMMUNITY PRESERVATION  FUND
 SHALL  CREATE  AN  ADVISORY  BOARD TO REVIEW AND MAKE RECOMMENDATIONS ON
 PROPOSED ACQUISITIONS OF INTERESTS IN REAL PROPERTY  USING  MONIES  FROM
 S. 10276                            3
 
 THE  FUND.  SUCH BOARD SHALL CONSIST OF FIVE OR SEVEN LEGAL RESIDENTS OF
 THE MUNICIPALITY WHO SHALL SERVE WITHOUT COMPENSATION. NO MEMBER OF  THE
 LOCAL  LEGISLATIVE  BODY  SHALL  SERVE  ON  THE BOARD. A MAJORITY OF THE
 MEMBERS  OF  THE BOARD SHALL HAVE DEMONSTRATED EXPERIENCE WITH CONSERVA-
 TION OR LAND PRESERVATION ACTIVITIES. THE BOARD SHALL ACT IN AN ADVISORY
 CAPACITY TO THE TOWN BOARD.  AT LEAST ONE MEMBER OF THE BOARD  SHALL  BE
 AN ACTIVE FARMER.  BOARD MEMBERS' TERMS SHALL BE STAGGERED.
   7.  THE TOWN BOARD WHICH HAS ESTABLISHED A COMMUNITY PRESERVATION FUND
 SHALL, BY LOCAL LAW, ADOPT A COMMUNITY PRESERVATION PROJECT  PLAN.  SUCH
 PLAN SHALL LIST EVERY PROJECT WHICH THE TOWN PLANS TO UNDERTAKE PURSUANT
 TO  THE  COMMUNITY  PRESERVATION  FUND.    SUCH PLAN SHALL PROVIDE FOR A
 DETAILED EVALUATION OF ALL AVAILABLE LAND USE  ALTERNATIVES  TO  PROTECT
 COMMUNITY CHARACTER, INCLUDING BUT NOT LIMITED TO: (A) FEE SIMPLE ACQUI-
 SITION,  (B)  ZONING  REGULATIONS, INCLUDING DENSITY REDUCTIONS, CLUSTER
 DEVELOPMENT, AND SITE PLAN AND  DESIGN  REQUIREMENTS,  (C)  TRANSFER  OF
 DEVELOPMENT  RIGHTS,  (D)  THE  PURCHASE  OF DEVELOPMENT RIGHTS, AND (E)
 SCENIC AND CONSERVATION EASEMENTS. SAID EVALUATION SHALL BE AS  SPECIFIC
 AS  PRACTICABLE  AS  TO EACH PARCEL SELECTED FOR INCLUSION IN SUCH PLAN.
 SUCH PLAN SHALL ESTABLISH THE PRIORITIES  FOR  PRESERVATION,  AND  SHALL
 INCLUDE  THE  PRESERVATION  OF  FARMLAND AS ITS HIGHEST PRIORITY.  FUNDS
 FROM THE COMMUNITY PRESERVATION FUND MAY ONLY BE EXPENDED  FOR  PROJECTS
 WHICH  HAVE  BEEN  INCLUDED IN SUCH PLAN. SUCH PLAN SHALL BE UPDATED NOT
 LESS THAN ONCE EVERY FIVE YEARS, BUT IN NO EVENT UNTIL  AT  LEAST  THREE
 YEARS AFTER THE ADOPTION OF THE ORIGINAL PLAN. A COPY OF SUCH PLAN SHALL
 BE  FILED WITH THE TOWN CLERK, THE COMMISSIONER OF ENVIRONMENTAL CONSER-
 VATION, THE COMMISSIONER OF AGRICULTURE AND MARKETS AND THE COMMISSIONER
 OF THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION. SUCH  PLAN
 SHALL  BE  COMPLETED  AT  LEAST  SIXTY DAYS BEFORE THE SUBMISSION OF THE
 MANDATORY REFERENDUM REQUIRED BY SECTION FOURTEEN HUNDRED FIFTY-ONE-B OF
 THE TAX LAW. IF AT THE TIME OF REFERENDUM, THE TOWN SHALL HAVE IN  PLACE
 AN  ADOPTED  OPEN  SPACE  PLAN,  SUCH PLAN SHALL BE DEEMED SUFFICIENT TO
 WAIVE THE PRESERVATION PLAN REQUIREMENTS OF THIS SUBDIVISION. ANY MONIES
 EXPENDED FROM THE COMMUNITY PRESERVATION PLAN SHALL, HOWEVER BE CONSIST-
 ENT WITH THE PURPOSES OUTLINED IN SUBDIVISIONS THREE AND  FIVE  OF  THIS
 SECTION  AND  WITH THE OPEN SPACE PLAN FOR A PERIOD NOT TO EXCEED TWELVE
 MONTHS.
   8. THE TOWN BOARD WHICH HAS ESTABLISHED A COMMUNITY PRESERVATION  FUND
 PURSUANT  TO THIS SECTION MAY STUDY AND CONSIDER ESTABLISHING A TRANSFER
 OF DEVELOPMENT RIGHTS PROGRAM TO PROTECT COMMUNITY CHARACTER AS PROVIDED
 FOR BY SECTION TWO HUNDRED SIXTY-ONE-A OF THIS CHAPTER.  ALL  PROVISIONS
 OF  SUCH  SECTION  TWO HUNDRED SIXTY-ONE-A SHALL BE COMPLIED WITH. IF AT
 ANY TIME DURING THE LIFE OF THE COMMUNITY PRESERVATION FUND  A  TRANSFER
 OF  DEVELOPMENT  RIGHTS  PROGRAM  IS  ESTABLISHED,  THE TOWN MAY UTILIZE
 MONIES FROM THE COMMUNITY PRESERVATION FUND IN ORDER TO CREATE AND  FUND
 A  CENTRAL BANK OF THE TRANSFER OF DEVELOPMENT RIGHTS PROGRAM. IF AT ANY
 TIME DURING THE LIFE OF THE COMMUNITY PRESERVATION FUND, A  TRANSFER  OF
 DEVELOPMENT  RIGHTS PROGRAM IS REPEALED BY THE TOWN, ALL MONIES FROM THE
 CENTRAL BANK SHALL BE RETURNED TO THE COMMUNITY PRESERVATION FUND.
   9. NO INTERESTS OR RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED  PURSUANT
 TO  THIS  SECTION  UNTIL A PUBLIC HEARING IS HELD AS REQUIRED BY SECTION
 TWO HUNDRED FORTY-SEVEN OF THE GENERAL MUNICIPAL LAW; PROVIDED, HOWEVER,
 THAT NOTHING HEREIN SHALL PREVENT THE TOWN BOARD FROM  ENTERING  INTO  A
 CONDITIONAL  PURCHASE  AGREEMENT  BEFORE  A  PUBLIC HEARING IS HELD. ANY
 RESOLUTION OF THE TOWN BOARD  APPROVING  AN  ACQUISITION  OF  RIGHTS  OR
 INTEREST  IN  REAL  PROPERTY  PURSUANT  TO THIS SECTION, SHALL FIND THAT
 S. 10276                            4
 
 ACQUISITION WAS THE BEST ALTERNATIVE FOR  THE  PROTECTION  OF  COMMUNITY
 CHARACTER OF ALL THE REASONABLE ALTERNATIVES AVAILABLE TO THE TOWN.
   10.  RIGHTS  OR  INTEREST  IN  REAL PROPERTY ACQUIRED PURSUANT TO THIS
 SECTION SHALL BE ADMINISTERED AND MANAGED IN A MANNER WHICH  (A)  ALLOWS
 PUBLIC  USE  AND  ENJOYMENT  IN  A  MANNER  COMPATIBLE WITH THE NATURAL,
 SCENIC, HISTORIC AND OPEN SPACE CHARACTER OF SUCH LANDS;  (B)  PRESERVES
 THE  NATIVE  BIOLOGICAL DIVERSITY OF SUCH LANDS; (C) WITH REGARD TO OPEN
 SPACES, LIMITS IMPROVEMENTS TO ENHANCING ACCESS FOR PASSIVE USE OF  SUCH
 LANDS  SUCH  AS NATURE TRAILS, BOARDWALKS, BICYCLE PATHS, AND PERIPHERAL
 PARKING AREAS PROVIDED THAT SUCH IMPROVEMENTS DO NOT DEGRADE THE ECOLOG-
 ICAL VALUE OF THE LAND OR THREATEN ESSENTIAL WILDLIFE HABITAT;  AND  (D)
 PRESERVES  CULTURAL  PROPERTY  CONSISTENT  WITH  ACCEPTED  STANDARDS FOR
 HISTORIC PRESERVATION.   NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS
 SUBDIVISION  THERE SHALL BE NO RIGHT TO PUBLIC USE AND ENJOYMENT OF LAND
 USED IN CONJUNCTION WITH A FARM  OPERATION  AS  DEFINED  BY  SUBDIVISION
 ELEVEN  OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
 IN FURTHERING THE PURPOSES OF THIS SECTION,  THE  TOWN  MAY  ENTER  INTO
 AGREEMENTS  WITH  CORPORATIONS ORGANIZED UNDER THE NOT-FOR-PROFIT CORPO-
 RATION LAW AND ENGAGE IN LAND TRUST ACTIVITIES TO MANAGE LANDS INCLUDING
 LESS THAN FEE INTERESTS ACQUIRED PURSUANT  TO  THE  PROVISIONS  OF  THIS
 SECTION, PROVIDED THAT ANY SUCH AGREEMENT SHALL CONTAIN A PROVISION THAT
 SUCH  CORPORATION  SHALL  KEEP THE LANDS ACCESSIBLE TO THE PUBLIC UNLESS
 SUCH CORPORATION SHALL DEMONSTRATE TO THE SATISFACTION OF THE TOWN  THAT
 PUBLIC  ACCESSIBILITY  WOULD  BE DETRIMENTAL TO THE LANDS OR ANY NATURAL
 RESOURCES ASSOCIATED THEREWITH.
   11. RIGHTS OR INTERESTS IN REAL PROPERTY  ACQUIRED  WITH  MONIES  FROM
 SUCH  FUND  SHALL  NOT BE SOLD, LEASED, EXCHANGED, DONATED, OR OTHERWISE
 DISPOSED OF OR USED FOR  OTHER  THAN  THE  PURPOSES  PERMITTED  BY  THIS
 SECTION  WITHOUT  THE  EXPRESS AUTHORITY OF AN ACT OF THE STATE LEGISLA-
 TURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS  OF  EQUAL
 ENVIRONMENTAL  VALUE  AND  FAIR  MARKET  VALUE AND REASONABLY EQUIVALENT
 USEFULNESS AND LOCATION TO THOSE TO BE DISCONTINUED,  SOLD  OR  DISPOSED
 OF, AND SUCH OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE STATE LEGIS-
 LATURE. ANY CONSERVATION EASEMENTS, CREATED UNDER TITLE THREE OF ARTICLE
 FORTY-NINE  OF  THE  ENVIRONMENTAL  CONSERVATION LAW, WHICH ARE ACQUIRED
 WITH MONIES FROM SUCH FUND MAY  ONLY  BE  MODIFIED  OR  EXTINGUISHED  AS
 PROVIDED  IN SECTION 49-0307 OF SUCH LAW.  NOTHING IN THIS SECTION SHALL
 PRECLUDE  THE  TOWN,  BY  LOCAL  LAW,   FROM   ESTABLISHING   ADDITIONAL
 RESTRICTIONS  TO  THE  ALIENATION  OF  LANDS  ACQUIRED  PURSUANT TO THIS
 SECTION. THIS SUBDIVISION SHALL NOT APPLY TO  THE  SALE  OF  DEVELOPMENT
 RIGHTS BY THE TOWN ACQUIRED PURSUANT TO THIS SECTION, WHERE SAID SALE IS
 MADE  BY  A  CENTRAL BANK CREATED BY THE TOWN, PURSUANT TO A TRANSFER OF
 DEVELOPMENT RIGHTS PROGRAM ESTABLISHED BY THE TOWN PURSUANT  TO  SECTION
 TWO  HUNDRED SIXTY-ONE-A OF THIS CHAPTER, PROVIDED, HOWEVER THAT (A) THE
 LANDS FROM WHICH SAID DEVELOPMENT  RIGHTS  WERE  ACQUIRED  SHALL  REMAIN
 PRESERVED  IN  PERPETUITY  BY A PERMANENT CONSERVATION EASEMENT OR OTHER
 INSTRUMENT THAT SIMILARLY PRESERVES THE COMMUNITY  CHARACTER  REFERENCED
 IN SUBDIVISION FIVE OF THIS SECTION, AND (B) THE PROCEEDS FROM SUCH SALE
 SHALL BE DEPOSITED IN THE COMMUNITY PRESERVATION FUND.
   §  2.  The  tax law is amended by adding a new article 31-K to read as
 follows:
                               ARTICLE 31-K
          TAX ON REAL ESTATE TRANSFERS IN THE TOWN OF CLARKSTOWN
 SECTION 1451-A. DEFINITIONS.
         1451-B. IMPOSITION OF TAX.
         1451-C. PAYMENT OF TAX.
 S. 10276                            5
 
         1451-D. LIABILITY FOR TAX.
         1451-E. EXEMPTIONS.
         1451-F. CREDIT.
         1451-G. COOPERATIVE HOUSING CORPORATION TRANSFERS.
         1451-H. DESIGNATION OF AGENTS.
         1451-I. LIABILITY OF RECORDING OFFICER.
         1451-J. REFUNDS.
         1451-K. DEPOSIT AND DISPOSITION OF REVENUE.
         1451-L. JUDICIAL REVIEW.
         1451-M. APPORTIONMENT.
         1451-N. MISCELLANEOUS.
         1451-O. RETURNS TO BE SECRET.
         1451-P. FORECLOSURE PROCEEDINGS.
   §  1451-A.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE, UNLESS OTHERWISE
 EXPRESSLY STATED, THE FOLLOWING WORDS AND TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   1. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, LIMITED LIABILITY COMPA-
 NY, SOCIETY, ASSOCIATION,  JOINT  STOCK  COMPANY,  CORPORATION,  ESTATE,
 RECEIVER,  TRUSTEE,  ASSIGNEE,  REFEREE  OR ANY OTHER PERSON ACTING IN A
 FIDUCIARY OR REPRESENTATIVE CAPACITY, WHETHER APPOINTED BY  A  COURT  OR
 OTHERWISE,  ANY  COMBINATION OF INDIVIDUALS, AND ANY OTHER FORM OF UNIN-
 CORPORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR MORE PERSONS.
   2. "CONTROLLING INTEREST" MEANS (A) IN  THE  CASE  OF  A  CORPORATION,
 EITHER  FIFTY  PERCENT OR MORE OF THE TOTAL COMBINED VOTING POWER OF ALL
 CLASSES OF STOCK OF SUCH CORPORATION, OR FIFTY PERCENT OR  MORE  OF  THE
 CAPITAL,  PROFITS  OR  BENEFICIAL  INTEREST IN SUCH VOTING STOCK OF SUCH
 CORPORATION, AND (B) IN THE CASE OF A PARTNERSHIP, ASSOCIATION, TRUST OR
 OTHER ENTITY, FIFTY PERCENT OR MORE OF THE CAPITAL, PROFITS  OR  BENEFI-
 CIAL INTEREST IN SUCH PARTNERSHIP, ASSOCIATION, TRUST OR OTHER ENTITY.
   3.  "REAL  PROPERTY"  MEANS EVERY ESTATE OR RIGHT, LEGAL OR EQUITABLE,
 PRESENT OR FUTURE, VESTED OR CONTINGENT, IN LANDS, TENEMENTS OR  HEREDI-
 TAMENTS, INCLUDING BUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS THEREON,
 WHICH  ARE LOCATED IN WHOLE OR IN PART WITHIN THE TOWN OF CLARKSTOWN. IT
 SHALL NOT INCLUDE RIGHTS TO SEPULTURE.
   4. "CONSIDERATION" MEANS THE PRICE ACTUALLY PAID  OR  REQUIRED  TO  BE
 PAID FOR THE REAL PROPERTY OR INTEREST THEREIN, INCLUDING PAYMENT FOR AN
 OPTION  OR  CONTRACT TO PURCHASE REAL PROPERTY, WHETHER OR NOT EXPRESSED
 IN THE DEED AND WHETHER PAID OR REQUIRED TO BE PAID BY MONEY,  PROPERTY,
 OR  ANY  OTHER  THING  OF  VALUE.  IT  SHALL INCLUDE THE CANCELLATION OR
 DISCHARGE OF AN INDEBTEDNESS OR OBLIGATION. IT SHALL  ALSO  INCLUDE  THE
 AMOUNT  OF  ANY  MORTGAGE, PURCHASE MONEY MORTGAGE, LIEN OR OTHER ENCUM-
 BRANCE, WHETHER OR NOT THE UNDERLYING INDEBTEDNESS IS ASSUMED  OR  TAKEN
 SUBJECT TO.
   (A)  IN THE CASE OF A CREATION OF A LEASEHOLD INTEREST OR THE GRANTING
 OF AN OPTION WITH USE AND  OCCUPANCY  OF  REAL  PROPERTY,  CONSIDERATION
 SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE VALUE OF THE RENTAL AND OTHER
 PAYMENTS ATTRIBUTABLE TO THE USE AND OCCUPANCY OF THE REAL  PROPERTY  OR
 INTEREST THEREIN, THE VALUE OF ANY AMOUNT PAID FOR AN OPTION TO PURCHASE
 OR  RENEW  AND THE VALUE OF RENTAL OR OTHER PAYMENTS ATTRIBUTABLE TO THE
 EXERCISE OF ANY OPTION TO RENEW.
   (B) IN THE CASE OF A CREATION OF A  SUBLEASEHOLD  INTEREST,  CONSIDER-
 ATION  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE VALUE OF THE SUBLEASE
 RENTAL PAYMENTS ATTRIBUTABLE TO THE USE AND OCCUPANCY OF THE REAL  PROP-
 ERTY,  THE VALUE OF ANY AMOUNT PAID FOR AN OPTION TO RENEW AND THE VALUE
 OF RENTAL OR OTHER PAYMENTS ATTRIBUTABLE TO THE EXERCISE OF  ANY  OPTION
 S. 10276                            6
 
 TO  RENEW  LESS  THE  VALUE OF THE REMAINING PRIME LEASE RENTAL PAYMENTS
 REQUIRED TO BE MADE.
   (C) IN THE CASE OF A CONTROLLING INTEREST IN ANY ENTITY THAT OWNS REAL
 PROPERTY,  CONSIDERATION  SHALL  MEAN  THE FAIR MARKET VALUE OF THE REAL
 PROPERTY OR INTEREST THEREIN, APPORTIONED BASED ON THE PERCENTAGE OF THE
 OWNERSHIP INTEREST TRANSFERRED OR ACQUIRED IN THE ENTITY.
   (D) IN THE CASE OF AN ASSIGNMENT OR SURRENDER OF A LEASEHOLD  INTEREST
 OR THE ASSIGNMENT OR SURRENDER OF AN OPTION OR CONTRACT TO PURCHASE REAL
 PROPERTY,  CONSIDERATION  SHALL  NOT  INCLUDE THE VALUE OF THE REMAINING
 RENTAL PAYMENTS REQUIRED TO BE MADE PURSUANT TO THE TERMS OF SUCH  LEASE
 OR  THE AMOUNT TO BE PAID FOR THE REAL PROPERTY PURSUANT TO THE TERMS OF
 THE OPTION OR CONTRACT BEING ASSIGNED OR SURRENDERED.
   (E) IN THE CASE OF (1) THE ORIGINAL CONVEYANCE OF SHARES OF STOCK IN A
 COOPERATIVE HOUSING CORPORATION IN CONNECTION WITH THE GRANT OR TRANSFER
 OF A PROPRIETARY LEASEHOLD BY THE COOPERATIVE CORPORATION OR COOPERATIVE
 PLAN SPONSOR, AND (2) THE SUBSEQUENT CONVEYANCE BY THE OWNER THEREOF  OF
 SUCH  STOCK  IN A COOPERATIVE HOUSING CORPORATION IN CONNECTION WITH THE
 GRANT OR TRANSFER OF A PROPRIETARY  LEASEHOLD  FOR  A  COOPERATIVE  UNIT
 OTHER THAN AN INDIVIDUAL RESIDENTIAL UNIT, CONSIDERATION SHALL INCLUDE A
 PROPORTIONATE  SHARE OF THE UNPAID PRINCIPAL OF ANY MORTGAGE ON THE REAL
 PROPERTY OF THE COOPERATIVE HOUSING CORPORATION COMPRISING  THE  COOPER-
 ATIVE  DWELLING  OR DWELLINGS.  SUCH SHARE SHALL BE DETERMINED BY MULTI-
 PLYING THE TOTAL UNPAID PRINCIPAL OF THE MORTGAGE  BY  A  FRACTION,  THE
 NUMERATOR OF WHICH SHALL BE THE NUMBER OF SHARES OF STOCK BEING CONVEYED
 IN  THE  COOPERATIVE HOUSING CORPORATION IN CONNECTION WITH THE GRANT OR
 TRANSFER OF A PROPRIETARY LEASEHOLD AND THE DENOMINATOR OF  WHICH  SHALL
 BE THE TOTAL NUMBER OF SHARES OF STOCK IN THE COOPERATIVE HOUSING CORPO-
 RATION.
   5.  "CONVEYANCE"  MEANS  THE  TRANSFER OR TRANSFERS OF ANY INTEREST IN
 REAL PROPERTY BY  ANY  METHOD,  INCLUDING  BUT  NOT  LIMITED  TO,  SALE,
 EXCHANGE,  ASSIGNMENT, SURRENDER, MORTGAGE FORECLOSURE, TRANSFER IN LIEU
 OF FORECLOSURE, OPTION,  TRUST  INDENTURE,  TAKING  BY  EMINENT  DOMAIN,
 CONVEYANCE UPON LIQUIDATION OR BY A RECEIVER, OR TRANSFER OR ACQUISITION
 OF A CONTROLLING INTEREST IN ANY ENTITY WITH AN INTEREST IN REAL PROPER-
 TY.  TRANSFER OF AN INTEREST IN REAL PROPERTY SHALL INCLUDE THE CREATION
 OF A LEASEHOLD OR SUBLEASE ONLY WHERE (A) THE SUM OF  THE  TERM  OF  THE
 LEASE  OR SUBLEASE AND ANY OPTIONS FOR RENEWAL EXCEEDS FORTY-NINE YEARS,
 (B) SUBSTANTIAL CAPITAL IMPROVEMENTS ARE OR MAY BE MADE BY  OR  FOR  THE
 BENEFIT OF THE LESSEE OR SUBLESSEE, AND (C) THE LEASE OR SUBLEASE IS FOR
 SUBSTANTIALLY  ALL  OF  THE  PREMISES  CONSTITUTING  THE  REAL PROPERTY.
 NOTWITHSTANDING THE FOREGOING, CONVEYANCE OF  REAL  PROPERTY  SHALL  NOT
 INCLUDE  A  CONVEYANCE  MADE PURSUANT TO DEVISE, BEQUEST OR INHERITANCE;
 THE CREATION, MODIFICATION,  EXTENSION,  SPREADING,  SEVERANCE,  CONSOL-
 IDATION,  ASSIGNMENT, TRANSFER, RELEASE OR SATISFACTION OF A MORTGAGE; A
 MORTGAGE SUBORDINATION AGREEMENT, A  MORTGAGE  SEVERANCE  AGREEMENT,  AN
 INSTRUMENT GIVEN TO PERFECT OR CORRECT A RECORDED MORTGAGE; OR A RELEASE
 OF LIEN OF TAX PURSUANT TO THIS CHAPTER OR THE INTERNAL REVENUE CODE.
   6.  "INTEREST IN THE REAL PROPERTY" INCLUDES TITLE IN FEE, A LEASEHOLD
 INTEREST, A BENEFICIAL INTEREST, AN ENCUMBRANCE, DEVELOPMENT RIGHTS, AIR
 SPACE AND AIR RIGHTS, OR ANY OTHER INTEREST WITH THE  RIGHT  TO  USE  OR
 OCCUPANCY  OF  REAL  PROPERTY  OR THE RIGHT TO RECEIVE RENTS, PROFITS OR
 OTHER INCOME DERIVED FROM REAL PROPERTY. IT SHALL ALSO INCLUDE AN OPTION
 OR CONTRACT TO PURCHASE REAL PROPERTY. IT SHALL NOT INCLUDE A  RIGHT  OF
 FIRST REFUSAL TO PURCHASE REAL PROPERTY.
   7.  "GRANTOR"  MEANS THE PERSON MAKING THE CONVEYANCE OF REAL PROPERTY
 OR INTEREST THEREIN. WHERE THE CONVEYANCE CONSISTS OF A TRANSFER  OR  AN
 S. 10276                            7
 
 ACQUISITION  OF  A CONTROLLING INTEREST IN AN ENTITY WITH AN INTEREST IN
 REAL PROPERTY, "GRANTOR" MEANS THE ENTITY WITH AN INTEREST IN REAL PROP-
 ERTY OR A SHAREHOLDER  OR  PARTNER  TRANSFERRING  STOCK  OR  PARTNERSHIP
 INTEREST, RESPECTIVELY.
   8.  "GRANTEE"  MEANS  THE PERSON WHO OBTAINS REAL PROPERTY OR INTEREST
 THEREIN AS A RESULT OF A CONVEYANCE.
   9. "FUND" MEANS A COMMUNITY  PRESERVATION  FUND  CREATED  PURSUANT  TO
 SECTION SIXTY-FOUR-M OF THE TOWN LAW.
   10.  "RECORDING OFFICER" MEANS THE COUNTY CLERK OF THE COUNTY OF ROCK-
 LAND.
   11. "TOWN" MEANS THE TOWN OF CLARKSTOWN, COUNTY OF ROCKLAND.
   12. "TREASURER" MEANS THE TREASURER OF THE COUNTY OF ROCKLAND.
   13. "TOWN SUPERVISOR" MEANS THE TOWN SUPERVISOR OF THE TOWN OF CLARKS-
 TOWN.
   14. "TAX" SHALL MEAN THE REAL ESTATE TRANSFER TAX IMPOSED PURSUANT  TO
 SECTION  FOURTEEN HUNDRED FIFTY-ONE-B OF THIS ARTICLE OR, IF THE CONTEXT
 CLEARLY INDICATES, SHALL MEAN  THE  REAL  ESTATE  TRANSFER  TAX  IMPOSED
 PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER.
   15.  "RESIDENTIAL  REAL  PROPERTY"  MEANS  PROPERTY WHICH SATISFIES AT
 LEAST ONE OF THE FOLLOWING CONDITIONS:
   (A) THE PROPERTY CLASSIFICATION CODE ASSIGNED TO THE PROPERTY  ON  THE
 LATEST  FINAL  ASSESSMENT ROLL, AS REPORTED ON THE TRANSFER REPORT FORM,
 INDICATES THAT THE PROPERTY IS A ONE, TWO OR  THREE  FAMILY  HOME  OR  A
 RURAL RESIDENCE; OR
   (B)  THE  TRANSFER REPORT INDICATES THAT THE PROPERTY IS A ONE, TWO OR
 THREE FAMILY RESIDENTIAL PROPERTY THAT HAS  BEEN  NEWLY  CONSTRUCTED  ON
 VACANT LAND; OR
   (C) THE TRANSFER REPORT FORM INDICATES THAT THE PROPERTY IS A RESIDEN-
 TIAL CONDOMINIUM.
   §  1451-B.  IMPOSITION OF TAX. NOTWITHSTANDING ANY OTHER PROVISIONS OF
 LAW TO THE CONTRARY, THE TOWN OF CLARKSTOWN,  ACTING  THROUGH  ITS  TOWN
 BOARD,  IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT A LOCAL LAW IMPOSING
 IN SUCH TOWN A TAX ON EACH CONVEYANCE OF REAL PROPERTY OR INTEREST THER-
 EIN NOT TO EXCEED A MAXIMUM OF THREE-QUARTERS  OF  ONE  PERCENT  OF  THE
 CONSIDERATION  FOR  SUCH CONVEYANCE, SUBJECT TO THE EXEMPTIONS SET FORTH
 IN SECTION FOURTEEN HUNDRED FIFTY-ONE-E OF THIS ARTICLE; ANY SUCH  LOCAL
 LAW  SHALL  FIX  THE RATE OF SUCH TAX. PROVIDED, HOWEVER, ANY SUCH LOCAL
 LAW IMPOSING, REPEALING OR REIMPOSING SUCH TAX SHALL  BE  SUBJECT  TO  A
 MANDATORY  REFERENDUM  PURSUANT TO SECTION TWENTY-THREE OF THE MUNICIPAL
 HOME RULE LAW. NOTWITHSTANDING THE FOREGOING, PRIOR TO ADOPTION OF  SUCH
 LOCAL  LAW, THE TOWN MUST ESTABLISH A COMMUNITY PRESERVATION FUND PURSU-
 ANT TO SECTION SIXTY-FOUR-M OF THE TOWN  LAW.  REVENUES  FROM  SUCH  TAX
 SHALL  BE DEPOSITED IN SUCH FUND AND MAY BE USED SOLELY FOR THE PURPOSES
 OF SUCH FUND. SUCH LOCAL LAW SHALL APPLY TO ANY CONVEYANCE OCCURRING  ON
 OR  AFTER  THE FIRST DAY OF A MONTH TO BE DESIGNATED BY SUCH TOWN BOARD,
 WHICH IS NOT LESS THAN SIXTY DAYS AFTER THE ENACTMENT OF SUCH LOCAL LAW,
 BUT SHALL NOT APPLY TO CONVEYANCES MADE ON OR AFTER SUCH  DATE  PURSUANT
 TO  BINDING  WRITTEN CONTRACTS ENTERED INTO PRIOR TO SUCH DATE, PROVIDED
 THAT THE DATE OF EXECUTION OF SUCH CONTRACT IS CONFIRMED BY  INDEPENDENT
 EVIDENCE  SUCH AS THE RECORDING OF THE CONTRACT, PAYMENT OF A DEPOSIT OR
 OTHER FACTS AND CIRCUMSTANCES AS DETERMINED BY THE TREASURER.
   § 1451-C. PAYMENT OF TAX. 1. THE  REAL  ESTATE  TRANSFER  TAX  IMPOSED
 PURSUANT TO THIS ARTICLE SHALL BE PAID TO THE TREASURER OR THE RECORDING
 OFFICER  ACTING  AS  THE AGENT OF THE TREASURER UPON DESIGNATION AS SUCH
 AGENT BY THE TREASURER. SUCH TAX SHALL BE PAID AT THE SAME TIME  AS  THE
 REAL  ESTATE  TRANSFER TAX IMPOSED BY ARTICLE THIRTY-ONE OF THIS CHAPTER
 S. 10276                            8
 
 IS REQUIRED TO BE  PAID.  SUCH  TREASURER  OR  RECORDING  OFFICER  SHALL
 ENDORSE  UPON  EACH  DEED OR INSTRUMENT EFFECTING A CONVEYANCE A RECEIPT
 FOR THE AMOUNT OF THE TAX SO PAID.
   2.  A  RETURN  SHALL  BE  REQUIRED  TO BE FILED WITH SUCH TREASURER OR
 RECORDING OFFICER FOR PURPOSES OF THE REAL ESTATE TRANSFER  TAX  IMPOSED
 PURSUANT  TO THIS ARTICLE AT THE SAME TIME AS A RETURN IS REQUIRED TO BE
 FILED FOR PURPOSES OF THE REAL ESTATE TRANSFER TAX  IMPOSED  BY  ARTICLE
 THIRTY-ONE  OF  THIS  CHAPTER. THE TREASURER SHALL PRESCRIBE THE FORM OF
 RETURN, THE INFORMATION WHICH IT SHALL CONTAIN,  AND  THE  DOCUMENTATION
 THAT  SHALL  ACCOMPANY  THE  RETURN. SAID FORM SHALL BE IDENTICAL TO THE
 REAL ESTATE TRANSFER TAX RETURN REQUIRED TO BE FILED PURSUANT TO SECTION
 FOURTEEN HUNDRED NINE OF THIS CHAPTER, EXCEPT THAT THE  TREASURER  SHALL
 ADAPT  SAID  FORM  TO  REFLECT  THE  PROVISIONS IN THIS CHAPTER THAT ARE
 INCONSISTENT, DIFFERENT, OR IN ADDITION TO  THE  PROVISIONS  OF  ARTICLE
 THIRTY-ONE  OF  THIS  CHAPTER.    THE  REAL  ESTATE TRANSFER TAX RETURNS
 REQUIRED TO BE FILED PURSUANT TO THIS SECTION  SHALL  BE  PRESERVED  FOR
 THREE  YEARS  AND  THEREAFTER  UNTIL SUCH TREASURER OR RECORDING OFFICER
 ORDERS THEM TO BE DESTROYED.
   3. THE RECORDING OFFICER SHALL NOT RECORD AN  INSTRUMENT  EFFECTING  A
 CONVEYANCE UNLESS THE RETURN REQUIRED BY THIS SECTION HAS BEEN FILED AND
 THE  TAX  IMPOSED  PURSUANT  TO  THIS  ARTICLE  SHALL  HAVE BEEN PAID AS
 REQUIRED IN THIS SECTION.
   § 1451-D. LIABILITY FOR TAX. 1. THE REAL ESTATE TRANSFER TAX SHALL  BE
 PAID  BY  THE  GRANTEE. IF THE GRANTEE HAS FAILED TO PAY THE TAX IMPOSED
 PURSUANT TO THIS ARTICLE OR IF THE GRANTEE IS EXEMPT FROM SUCH TAX,  THE
 GRANTOR  SHALL  HAVE  THE DUTY TO PAY THE TAX. WHERE THE GRANTOR HAS THE
 DUTY TO PAY THE TAX BECAUSE THE GRANTEE HAS FAILED TO PAY THE TAX,  SUCH
 TAX  SHALL  BE  THE  JOINT  AND SEVERAL LIABILITY OF THE GRANTEE AND THE
 GRANTOR.
   2. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF THIS ARTICLE AND TO
 PREVENT EVASION OF THE TAX HEREBY IMPOSED, IT SHALL BE PRESUMED THAT ALL
 CONVEYANCES ARE SUBJECT TO THE TAX.  WHERE  THE  CONSIDERATION  INCLUDES
 PROPERTY  OTHER  THAN MONEY, IT SHALL BE PRESUMED THAT THE CONSIDERATION
 IS THE FAIR MARKET VALUE OF THE REAL PROPERTY OR INTEREST THEREIN. THESE
 PRESUMPTIONS SHALL PREVAIL UNTIL THE CONTRARY IS PROVEN, AND THE  BURDEN
 OF PROVING THE CONTRARY SHALL BE ON THE PERSON LIABLE FOR PAYMENT OF THE
 TAX.
   §  1451-E.  EXEMPTIONS.  1.  THE  FOLLOWING  SHALL  BE EXEMPT FROM THE
 PAYMENT OF THE REAL ESTATE TRANSFER TAX IMPOSED BY THIS ARTICLE:
   (A) THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES,  INSTRUMENTALITIES,
 POLITICAL  SUBDIVISIONS,  OR  PUBLIC  CORPORATIONS  (INCLUDING  A PUBLIC
 CORPORATION CREATED PURSUANT TO AN AGREEMENT  OR  COMPACT  WITH  ANOTHER
 STATE OR THE DOMINION OF CANADA); AND
   (B)  THE  UNITED  NATIONS,  THE UNITED STATES OF AMERICA OR ANY OF ITS
 AGENCIES OR INSTRUMENTALITIES.
   2. THE TAX SHALL NOT APPLY TO ANY OF THE FOLLOWING CONVEYANCES:
   (A) CONVEYANCES TO THE UNITED NATIONS, THE UNITED STATES  OF  AMERICA,
 THE  STATE  OF  NEW YORK, OR ANY OF THEIR INSTRUMENTALITIES, AGENCIES OR
 POLITICAL SUBDIVISIONS (OR ANY PUBLIC CORPORATION,  INCLUDING  A  PUBLIC
 CORPORATION  CREATED PURSUANT TO AGREEMENT OR COMPACT WITH ANOTHER STATE
 OR THE DOMINION OF CANADA);
   (B) CONVEYANCES WHICH ARE OR WERE USED TO SECURE A DEBT OR OTHER OBLI-
 GATION;
   (C) CONVEYANCES  WHICH,  WITHOUT  ADDITIONAL  CONSIDERATION,  CONFIRM,
 CORRECT, MODIFY OR SUPPLEMENT A DEED PREVIOUSLY RECORDED;
 S. 10276                            9
 
   (D)  CONVEYANCES  OF REAL PROPERTY WITHOUT CONSIDERATION AND OTHERWISE
 THAN IN CONNECTION WITH A SALE, INCLUDING DEEDS CONVEYING REALTY AS BONA
 FIDE GIFTS;
   (E) CONVEYANCES GIVEN IN CONNECTION WITH A TAX SALE;
   (F)  CONVEYANCES  TO  EFFECTUATE  A MERE CHANGE OF IDENTITY OR FORM OF
 OWNERSHIP OR ORGANIZATION WHERE THERE IS NO CHANGE IN BENEFICIAL  OWNER-
 SHIP, OTHER THAN CONVEYANCES TO A COOPERATIVE HOUSING CORPORATION OF THE
 REAL PROPERTY COMPRISING THE COOPERATIVE DWELLING OR DWELLINGS;
   (G) CONVEYANCES WHICH CONSIST OF A DEED OF PARTITION;
   (H) CONVEYANCES GIVEN PURSUANT TO THE FEDERAL BANKRUPTCY ACT;
   (I)  CONVEYANCES  OF REAL PROPERTY WHICH CONSIST OF THE EXECUTION OF A
 CONTRACT TO SELL REAL PROPERTY WITHOUT THE  USE  OR  OCCUPANCY  OF  SUCH
 PROPERTY  OR THE GRANTING OF AN OPTION TO PURCHASE REAL PROPERTY WITHOUT
 THE USE OR OCCUPANCY OF SUCH PROPERTY;
   (J) CONVEYANCES OF REAL PROPERTY OR A  PORTION  OR  PORTIONS  OF  REAL
 PROPERTY  THAT  ARE THE SUBJECT OF ONE OR MORE OF THE FOLLOWING DEVELOP-
 MENT RESTRICTIONS:
   (1) AGRICULTURAL, CONSERVATION, SCENIC, OR AN OPEN SPACE EASEMENT;
   (2) COVENANTS OR RESTRICTIONS PROHIBITING DEVELOPMENT WHERE THE  PROP-
 ERTY  OR  PORTION  OF  PROPERTY  BEING  CONVEYED HAS HAD ITS DEVELOPMENT
 RIGHTS PERMANENTLY REMOVED;
   (3) A PURCHASE OF DEVELOPMENT RIGHTS AGREEMENT WHERE THE  PROPERTY  OR
 PORTION OF PROPERTY BEING CONVEYED HAS HAD ITS DEVELOPMENT RIGHTS PERMA-
 NENTLY REMOVED;
   (4)  A  TRANSFER  OF  DEVELOPMENT RIGHTS AGREEMENT, WHERE THE PROPERTY
 BEING CONVEYED HAS HAD ITS DEVELOPMENT RIGHTS REMOVED;
   (5) REAL PROPERTY SUBJECT TO ANY  LOCALLY  ADOPTED  LAND  PRESERVATION
 AGREEMENT, PROVIDED SAID EXEMPTION IS INCLUDED IN THE LOCAL LAW IMPOSING
 THE TAX AUTHORIZED BY THIS ARTICLE;
   (K)  CONVEYANCES  OF REAL PROPERTY, WHERE THE PROPERTY IS VIABLE AGRI-
 CULTURAL LAND AS DEFINED IN SUBDIVISION SEVEN OF SECTION  THREE  HUNDRED
 ONE  OF  THE  AGRICULTURE  AND MARKETS LAW AND THE ENTIRE PROPERTY TO BE
 CONVEYED IS TO BE MADE SUBJECT TO ONE OF  THE  DEVELOPMENT  RESTRICTIONS
 PROVIDED  FOR  IN  SUBPARAGRAPH TWO OF PARAGRAPH (J) OF THIS SUBDIVISION
 PROVIDED THAT SAID DEVELOPMENT RESTRICTION PRECLUDES THE  CONVERSION  OF
 THE PROPERTY TO A NON-AGRICULTURAL USE FOR AT LEAST EIGHT YEARS FROM THE
 DATE  OF  TRANSFER,  AND SAID DEVELOPMENT RESTRICTION IS EVIDENCED BY AN
 EASEMENT, AGREEMENT,  OR  OTHER  SUITABLE  INSTRUMENT  WHICH  IS  TO  BE
 CONVEYED  TO  THE  TOWN  SIMULTANEOUSLY  WITH THE CONVEYANCE OF THE REAL
 PROPERTY; OR
   (L) CONVEYANCES OF REAL PROPERTY FOR OPEN SPACE,  PARKS,  OR  HISTORIC
 PRESERVATION PURPOSES TO ANY NOT-FOR-PROFIT TAX EXEMPT CORPORATION OPER-
 ATED FOR CONSERVATION, ENVIRONMENTAL, OR HISTORIC PRESERVATION PURPOSES.
   3.  AN  EXEMPTION  OF ONE HUNDRED THOUSAND DOLLARS SHALL BE ALLOWED ON
 THE CONSIDERATION OF THE CONVEYANCE OF  IMPROVED  REAL  PROPERTY  OR  AN
 INTEREST  THEREIN,  AND  AN EXEMPTION OF FIFTY THOUSAND DOLLARS SHALL BE
 ALLOWED ON THE CONSIDERATION OF THE CONVEYANCE OF UNIMPROVED REAL  PROP-
 ERTY.
   §  1451-F. CREDIT. A GRANTEE SHALL BE ALLOWED A CREDIT AGAINST THE TAX
 DUE ON A CONVEYANCE OF REAL PROPERTY TO THE EXTENT TAX WAS PAID BY  SUCH
 GRANTEE  ON  A  PRIOR CREATION OF A LEASEHOLD OF ALL OR A PORTION OF THE
 SAME REAL PROPERTY OR ON THE  GRANTING  OF  AN  OPTION  OR  CONTRACT  TO
 PURCHASE  ALL  OR  A  PORTION OF THE SAME REAL PROPERTY BY SUCH GRANTEE.
 SUCH CREDIT SHALL BE  COMPUTED  BY  MULTIPLYING  THE  TAX  PAID  ON  THE
 CREATION  OF  THE LEASEHOLD OR ON THE GRANTING OF THE OPTION OR CONTRACT
 BY A FRACTION, THE NUMERATOR OF WHICH IS THE VALUE OF THE  CONSIDERATION
 S. 10276                           10
 
 USED  TO  COMPUTE  SUCH TAX PAID WHICH IS NOT YET DUE TO SUCH GRANTOR ON
 THE DATE OF THE SUBSEQUENT CONVEYANCE (AND WHICH SUCH GRANTOR  WILL  NOT
 BE ENTITLED TO RECEIVE AFTER SUCH DATE), AND THE DENOMINATOR OF WHICH IS
 THE TOTAL VALUE OF THE CONSIDERATION USED TO COMPUTE SUCH TAX PAID.
   § 1451-G. COOPERATIVE HOUSING CORPORATION TRANSFERS. 1.  NOTWITHSTAND-
 ING  THE  DEFINITION  OF "CONTROLLING INTEREST" CONTAINED IN SUBDIVISION
 TWO OF SECTION FOURTEEN HUNDRED FIFTY-ONE-A OF THIS ARTICLE OR  ANYTHING
 TO  THE  CONTRARY  CONTAINED  IN  SUBDIVISION  FIVE  OF SECTION FOURTEEN
 HUNDRED FIFTY-ONE-A OF THIS ARTICLE, THE TAX IMPOSED  PURSUANT  TO  THIS
 ARTICLE  SHALL  APPLY TO: (A) THE ORIGINAL CONVEYANCE OF SHARES OF STOCK
 IN A COOPERATIVE HOUSING CORPORATION IN CONNECTION  WITH  THE  GRANT  OR
 TRANSFER  OF  A  PROPRIETARY LEASEHOLD BY THE COOPERATIVE CORPORATION OR
 COOPERATIVE PLAN SPONSOR; AND (B)  THE  SUBSEQUENT  CONVEYANCE  OF  SUCH
 STOCK  IN A COOPERATIVE HOUSING CORPORATION IN CONNECTION WITH THE GRANT
 OR TRANSFER OF A  PROPRIETARY  LEASEHOLD  BY  THE  OWNER  THEREOF.  WITH
 RESPECT TO ANY SUCH SUBSEQUENT CONVEYANCE WHERE THE PROPERTY IS AN INDI-
 VIDUAL  RESIDENTIAL  UNIT,  THE  CONSIDERATION FOR THE INTEREST CONVEYED
 SHALL EXCLUDE THE VALUE OF ANY LIENS ON CERTIFICATES OF STOCK  OR  OTHER
 EVIDENCES  OF  AN  OWNERSHIP  INTEREST IN AND A PROPRIETARY LEASE FROM A
 CORPORATION OR PARTNERSHIP FORMED FOR THE PURPOSE OF COOPERATIVE  OWNER-
 SHIP  OF  RESIDENTIAL  INTEREST  IN REAL ESTATE REMAINING THEREON AT THE
 TIME OF CONVEYANCE. IN DETERMINING THE TAX ON A CONVEYANCE DESCRIBED  IN
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  A  CREDIT SHALL BE ALLOWED FOR A
 PROPORTIONATE PART OF THE AMOUNT OF ANY TAX PAID UPON THE CONVEYANCE  TO
 THE  COOPERATIVE HOUSING CORPORATION OF THE REAL PROPERTY COMPRISING THE
 COOPERATIVE DWELLING OR DWELLINGS TO THE  EXTENT  THAT  SUCH  CONVEYANCE
 EFFECTUATED A MERE CHANGE OF IDENTITY OR FORM OF OWNERSHIP OF SUCH PROP-
 ERTY  AND NOT A CHANGE IN THE BENEFICIAL OWNERSHIP OF SUCH PROPERTY. THE
 AMOUNT OF THE CREDIT SHALL BE DETERMINED BY MULTIPLYING  THE  AMOUNT  OF
 TAX PAID UPON THE CONVEYANCE TO THE COOPERATIVE HOUSING CORPORATION BY A
 PERCENTAGE  REPRESENTING THE EXTENT TO WHICH SUCH CONVEYANCE EFFECTUATED
 A MERE CHANGE OF IDENTITY OR FORM OF OWNERSHIP AND NOT A CHANGE  IN  THE
 BENEFICIAL  OWNERSHIP OF SUCH PROPERTY, AND THEN MULTIPLYING THE RESULT-
 ING PRODUCT BY A FRACTION, THE NUMERATOR OF WHICH SHALL BE THE NUMBER OF
 SHARES OF STOCK CONVEYED IN A TRANSACTION DESCRIBED IN PARAGRAPH (A)  OF
 THIS SUBDIVISION, AND THE DENOMINATOR OF WHICH SHALL BE THE TOTAL NUMBER
 OF SHARES OF STOCK OF THE COOPERATIVE HOUSING CORPORATION (INCLUDING ANY
 STOCK  HELD BY THE CORPORATION). IN NO EVENT, HOWEVER, SHALL SUCH CREDIT
 REDUCE THE TAX, ON A CONVEYANCE  DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  BELOW ZERO, NOR SHALL ANY SUCH CREDIT BE ALLOWED FOR A TAX
 PAID MORE THAN TWENTY-FOUR MONTHS PRIOR TO THE DATE ON WHICH OCCURS  THE
 FIRST  IN  A  SERIES OF CONVEYANCES OF SHARES OF STOCK IN AN OFFERING OF
 COOPERATIVE HOUSING CORPORATION SHARES DESCRIBED  IN  PARAGRAPH  (A)  OF
 THIS SUBDIVISION.
   2.  EVERY COOPERATIVE HOUSING CORPORATION SHALL BE REQUIRED TO FILE AN
 INFORMATION RETURN WITH THE TREASURER BY JULY  FIFTEENTH  OF  EACH  YEAR
 COVERING  THE  PRECEDING  PERIOD OF JANUARY FIRST THROUGH JUNE THIRTIETH
 AND BY JANUARY FIFTEENTH OF EACH YEAR COVERING THE PRECEDING  PERIOD  OF
 JULY  FIRST THROUGH DECEMBER THIRTY-FIRST. THE RETURN SHALL CONTAIN SUCH
 INFORMATION REGARDING THE CONVEYANCE OF SHARES OF STOCK IN  THE  COOPER-
 ATIVE  HOUSING  CORPORATION AS THE TREASURER MAY DEEM NECESSARY, INCLUD-
 ING, BUT NOT LIMITED TO, THE NAMES, ADDRESSES AND  EMPLOYEE  IDENTIFICA-
 TION  NUMBERS OR SOCIAL SECURITY NUMBERS OF THE GRANTOR AND THE GRANTEE,
 THE NUMBER OF SHARES CONVEYED,  THE  DATE  OF  THE  CONVEYANCE  AND  THE
 CONSIDERATION PAID FOR SUCH CONVEYANCE.
 S. 10276                           11
 
   § 1451-H. DESIGNATION OF AGENTS. THE TREASURER IS AUTHORIZED TO DESIG-
 NATE  THE RECORDING OFFICER TO ACT AS THE TREASURER'S AGENT FOR PURPOSES
 OF COLLECTING THE TAX AUTHORIZED BY THIS ARTICLE.  THE  TREASURER  SHALL
 PROVIDE  FOR THE MANNER IN WHICH THE RECORDING OFFICER MAY BE DESIGNATED
 AS  AGENT  SUBJECT  TO  SUCH TERMS AND CONDITIONS AS THE TREASURER SHALL
 PRESCRIBE.  THE REAL ESTATE TRANSFER TAX SHALL BE PAID TO SUCH AGENT  AS
 PROVIDED IN SECTION FOURTEEN HUNDRED FIFTY-ONE-C OF THIS ARTICLE.
   §  1451-I.  LIABILITY  OF RECORDING OFFICER. A RECORDING OFFICER SHALL
 NOT BE LIABLE FOR ANY INACCURACY IN THE AMOUNT OF TAX  IMPOSED  PURSUANT
 TO  THIS  ARTICLE  THAT  SUCH RECORDING OFFICER SHALL COLLECT SO LONG AS
 THEY SHALL COMPUTE AND COLLECT SUCH TAX ON THE AMOUNT  OF  CONSIDERATION
 OR  THE  VALUE  OF THE INTEREST CONVEYED AS SUCH AMOUNTS ARE PROVIDED TO
 THE RECORDING OFFICER BY THE PERSON PAYING THE TAX.
   § 1451-J. REFUNDS. WHENEVER THE TREASURER  SHALL  DETERMINE  THAT  ANY
 MONEYS  RECEIVED  UNDER THE PROVISIONS OF THE LOCAL LAW ENACTED PURSUANT
 TO THIS ARTICLE WERE PAID IN ERROR, THE TREASURER MAY CAUSE SUCH  MONEYS
 TO  BE  REFUNDED  PURSUANT  TO  SUCH REQUIREMENTS AS THEY MAY PRESCRIBE,
 PROVIDED THAT ANY APPLICATION FOR SUCH REFUND IS FILED WITH THE TREASUR-
 ER WITHIN TWO YEARS FROM THE DATE THE ERRONEOUS PAYMENT WAS MADE.
   § 1451-K. DEPOSIT AND DISPOSITION OF REVENUE. 1. ALL TAXES,  PENALTIES
 AND INTEREST IMPOSED BY THE TOWN UNDER THE AUTHORITY OF SECTION FOURTEEN
 HUNDRED FIFTY-ONE-B OF THIS ARTICLE, WHICH ARE COLLECTED BY THE TREASUR-
 ER  OR THE TREASURER'S AGENTS, SHALL BE DEPOSITED IN A SINGLE TRUST FUND
 FOR THE TOWN AND SHALL BE KEPT IN TRUST AND SEPARATE AND APART FROM  ALL
 OTHER  MONIES  IN POSSESSION OF THE TREASURER. MONEYS IN SUCH FUND SHALL
 BE DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION  TEN  OF  THE
 GENERAL MUNICIPAL LAW.  PENDING EXPENDITURE FROM SUCH FUND, MONEYS THER-
 EIN  MAY  BE  INVESTED  IN  THE MANNER PROVIDED IN SECTION ELEVEN OF THE
 GENERAL MUNICIPAL LAW. ANY INTEREST EARNED OR CAPITAL GAIN  REALIZED  ON
 THE  MONEYS  SO DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF
 SUCH FUND.
   2. THE TREASURER SHALL RETAIN SUCH AMOUNT AS THE TREASURER MAY  DETER-
 MINE  TO BE NECESSARY FOR REFUNDS WITH RESPECT TO THE TAX IMPOSED BY THE
 TOWN, UNDER THE AUTHORITY OF SECTION  FOURTEEN  HUNDRED  FIFTY-ONE-B  OF
 THIS  ARTICLE,  OUT OF WHICH THE TREASURER SHALL PAY ANY REFUNDS OF SUCH
 TAXES TO THOSE TAXPAYERS ENTITLED TO A REFUND PURSUANT TO THE PROVISIONS
 OF THIS ARTICLE.
   3. THE TREASURER, AFTER RESERVING SUCH REFUNDS, SHALL ON OR BEFORE THE
 TWELFTH DAY OF EACH MONTH PAY TO THE TOWN SUPERVISOR THE  TAXES,  PENAL-
 TIES  AND  INTEREST  IMPOSED  BY THE TOWN UNDER THE AUTHORITY OF SECTION
 FOURTEEN HUNDRED FIFTY-ONE-B OF THIS ARTICLE, COLLECTED BY THE  TREASUR-
 ER,  PURSUANT  TO THIS ARTICLE DURING THE NEXT PRECEDING CALENDAR MONTH.
 THE AMOUNT SO PAYABLE SHALL BE CERTIFIED TO THE TOWN SUPERVISOR  BY  THE
 TREASURER,  WHO  SHALL  NOT  BE  HELD  LIABLE FOR ANY INACCURACY IN SUCH
 CERTIFICATION. PROVIDED, HOWEVER, ANY SUCH CERTIFICATION MAY BE BASED ON
 SUCH INFORMATION AS MAY BE AVAILABLE TO THE TREASURER AT THE  TIME  SUCH
 CERTIFICATION MUST BE MADE UNDER THIS SECTION.  WHERE THE AMOUNT SO PAID
 OVER  TO  THE  TOWN  IN  ANY  SUCH DISTRIBUTION IS MORE OR LESS THAN THE
 AMOUNT DUE TO THE TOWN, THE AMOUNT OF THE  OVERPAYMENT  OR  UNDERPAYMENT
 SHALL  BE  CERTIFIED  TO THE TOWN SUPERVISOR BY THE TREASURER, WHO SHALL
 NOT BE HELD LIABLE FOR ANY INACCURACY IN SUCH CERTIFICATION. THE  AMOUNT
 OF  THE  OVERPAYMENT  OR  UNDERPAYMENT SHALL BE SO CERTIFIED TO THE TOWN
 SUPERVISOR AS SOON AFTER THE DISCOVERY OF THE OVERPAYMENT  OR  UNDERPAY-
 MENT AS REASONABLY POSSIBLE AND SUBSEQUENT PAYMENTS AND DISTRIBUTIONS BY
 THE TREASURER TO THE TOWN SHALL BE ADJUSTED BY SUBTRACTING THE AMOUNT OF
 ANY  SUCH OVERPAYMENT FROM OR BY ADDING THE AMOUNT OF ANY SUCH UNDERPAY-
 S. 10276                           12
 
 MENT TO SUCH NUMBER OF SUBSEQUENT  PAYMENTS  AND  DISTRIBUTIONS  AS  THE
 TREASURER  AND  TOWN SUPERVISOR SHALL CONSIDER REASONABLE IN VIEW OF THE
 OVERPAYMENT OR UNDERPAYMENT AND ALL OTHER FACTS AND CIRCUMSTANCES.
   4.  ALL  MONIES  RECEIVED FROM THE TREASURER SHALL BE DEPOSITED IN THE
 FUND OF THE TOWN, PURSUANT TO SECTION SIXTY-FOUR-M OF THE TOWN LAW.
   § 1451-L. JUDICIAL REVIEW. 1. ANY FINAL DETERMINATION OF THE AMOUNT OF
 ANY TAX PAYABLE UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE-C OF THIS ARTI-
 CLE SHALL BE REVIEWABLE FOR ERROR, ILLEGALITY OR UNCONSTITUTIONALITY  OR
 ANY  OTHER REASON WHATSOEVER BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES IF APPLICATION THEREFOR IS  MADE  TO
 THE  SUPREME  COURT WITHIN FOUR MONTHS AFTER THE GIVING OF THE NOTICE OF
 SUCH FINAL DETERMINATION, PROVIDED, HOWEVER, THAT  ANY  SUCH  PROCEEDING
 UNDER  ARTICLE  SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND RULES SHALL
 NOT BE INSTITUTED UNLESS  (A)  THE  AMOUNT  OF  ANY  TAX  SOUGHT  TO  BE
 REVIEWED,  WITH  SUCH  INTEREST AND PENALTIES THEREON AS MAY BE PROVIDED
 FOR BY LOCAL LAW SHALL BE FIRST DEPOSITED AND THERE IS FILED  AN  UNDER-
 TAKING,  ISSUED  BY  A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN
 THIS STATE  AND  APPROVED  BY  THE  STATE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES  AS TO SOLVENCY AND RESPONSIBILITY, IN SUCH AMOUNT AS A JUSTICE
 OF THE SUPREME COURT SHALL APPROVE TO THE EFFECT THAT IF SUCH PROCEEDING
 BE DISMISSED OR THE TAX CONFIRMED THE PETITIONER WILL PAY ALL COSTS  AND
 CHARGES WHICH MAY ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING OR (B) AT
 THE  OPTION  OF  THE PETITIONER, SUCH UNDERTAKING MAY BE IN A SUM SUFFI-
 CIENT TO COVER THE TAXES, INTEREST AND PENALTIES STATED IN SUCH DETERMI-
 NATION, PLUS THE COSTS AND CHARGES WHICH MAY ACCRUE AGAINST  IT  IN  THE
 PROSECUTION  OF  THE PROCEEDING, IN WHICH EVENT THE PETITIONER SHALL NOT
 BE REQUIRED TO PAY SUCH TAXES, INTEREST  OR  PENALTIES  AS  A  CONDITION
 PRECEDENT TO THE APPLICATION.
   2.  WHERE ANY TAX IMPOSED HEREUNDER SHALL HAVE BEEN ERRONEOUSLY, ILLE-
 GALLY OR UNCONSTITUTIONALLY ASSESSED OR COLLECTED  AND  APPLICATION  FOR
 THE REFUND OR REVISION THEREOF DULY MADE TO THE PROPER FISCAL OFFICER OR
 OFFICERS,  AND  SUCH OFFICER OR OFFICERS SHALL HAVE MADE A DETERMINATION
 DENYING SUCH REFUND OR REVISION, SUCH DETERMINATION SHALL BE  REVIEWABLE
 BY  A  PROCEEDING  UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
 AND RULES; PROVIDED, HOWEVER, THAT (A)  SUCH  PROCEEDING  IS  INSTITUTED
 WITHIN  FOUR MONTHS AFTER THE GIVING OF THE NOTICE OF SUCH DENIAL, (B) A
 FINAL DETERMINATION OF TAX DUE WAS  NOT  PREVIOUSLY  MADE,  AND  (C)  AN
 UNDERTAKING  IS FILED WITH THE PROPER FISCAL OFFICER OR OFFICERS IN SUCH
 AMOUNT AND WITH SUCH SURETIES AS A JUSTICE OF THE  SUPREME  COURT  SHALL
 APPROVE  TO  THE  EFFECT THAT IF SUCH PROCEEDING BE DISMISSED OR THE TAX
 CONFIRMED, THE PETITIONER WILL PAY  ALL  COSTS  AND  CHARGES  WHICH  MAY
 ACCRUE IN THE PROSECUTION OF SUCH PROCEEDING.
   §  1451-M.  APPORTIONMENT.  A LOCAL LAW ADOPTED BY THE TOWN OF CLARKS-
 TOWN, PURSUANT TO THIS ARTICLE, SHALL PROVIDE FOR A METHOD OF APPORTION-
 MENT FOR DETERMINING THE AMOUNT OF TAX DUE WHENEVER THE REAL PROPERTY OR
 INTEREST THEREIN IS SITUATED WITHIN AND WITHOUT THE TOWN.
   § 1451-N. MISCELLANEOUS. A LOCAL LAW ADOPTED BY THE  TOWN  OF  CLARKS-
 TOWN, PURSUANT TO THIS ARTICLE, MAY CONTAIN SUCH OTHER PROVISIONS AS THE
 TOWN  DEEMS  NECESSARY  FOR THE PROPER ADMINISTRATION OF THE TAX IMPOSED
 PURSUANT TO THIS ARTICLE, INCLUDING PROVISIONS CONCERNING  THE  DETERMI-
 NATION  OF TAX, THE IMPOSITION OF INTEREST ON UNDERPAYMENTS AND OVERPAY-
 MENTS AND THE IMPOSITION OF CIVIL PENALTIES. SUCH  PROVISIONS  SHALL  BE
 IDENTICAL  TO  THE  CORRESPONDING PROVISIONS OF THE REAL ESTATE TRANSFER
 TAX IMPOSED BY ARTICLE THIRTY-ONE  OF  THIS  CHAPTER,  SO  FAR  AS  SUCH
 PROVISIONS  CAN  BE  MADE APPLICABLE TO THE TAX IMPOSED PURSUANT TO THIS
 ARTICLE.
 S. 10276                           13
 
   § 1451-O. RETURNS TO BE SECRET. 1. EXCEPT IN  ACCORDANCE  WITH  PROPER
 JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, IT SHALL BE UNLAWFUL FOR
 THE  TREASURER OR ANY OFFICER OR EMPLOYEE OF THE COUNTY OR TOWN, INCLUD-
 ING ANY PERSON ENGAGED OR RETAINED ON AN INDEPENDENT CONTRACT BASIS,  TO
 DIVULGE  OR  MAKE  KNOWN  IN  ANY  MANNER  THE  PARTICULARS SET FORTH OR
 DISCLOSED IN ANY RETURN REQUIRED UNDER A LOCAL LAW ENACTED  PURSUANT  TO
 THIS  ARTICLE.  HOWEVER, THAT NOTHING IN THIS SECTION SHALL PROHIBIT THE
 RECORDING OFFICER FROM MAKING A NOTATION ON AN  INSTRUMENT  EFFECTING  A
 CONVEYANCE  INDICATING  THE  AMOUNT  OF TAX PAID. NO RECORDED INSTRUMENT
 EFFECTING A CONVEYANCE SHALL BE CONSIDERED A RETURN FOR PURPOSES OF THIS
 SECTION.
   2. THE OFFICERS CHARGED WITH THE CUSTODY OF SUCH RETURNS SHALL NOT  BE
 REQUIRED  TO  PRODUCE  ANY  OF THEM OR EVIDENCE OF ANYTHING CONTAINED IN
 THEM IN ANY ACTION OR PROCEEDING IN ANY COURT, EXCEPT ON BEHALF  OF  THE
 COUNTY OR TOWN IN ANY ACTION OR PROCEEDING INVOLVING THE COLLECTION OF A
 TAX DUE UNDER A LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE TO WHICH SUCH
 COUNTY  OR  TOWN IS A PARTY, OR A CLAIMANT, OR ON BEHALF OF ANY PARTY TO
 ANY ACTION OR PROCEEDING UNDER THE PROVISIONS OF  A  LOCAL  LAW  ENACTED
 PURSUANT  TO  THIS  ARTICLE  WHEN THE RETURNS OR FACTS SHOWN THEREBY ARE
 DIRECTLY INVOLVED IN SUCH ACTION OR PROCEEDING, IN ANY OF  WHICH  EVENTS
 THE  COURT  MAY REQUIRE THE PRODUCTION OF, AND MAY ADMIT IN EVIDENCE, SO
 MUCH OF SAID RETURNS OR OF THE FACTS SHOWN THEREBY, AS ARE PERTINENT  TO
 THE ACTION OR PROCEEDING AND NO MORE.
   3.  NOTHING  HEREIN  SHALL  BE CONSTRUED TO PROHIBIT THE DELIVERY TO A
 GRANTOR OR GRANTEE OF AN INSTRUMENT EFFECTING A CONVEYANCE OR  THE  DULY
 AUTHORIZED REPRESENTATIVE OF A GRANTOR OR GRANTEE OF A CERTIFIED COPY OF
 ANY  RETURN  FILED IN CONNECTION WITH SUCH INSTRUMENT OR TO PROHIBIT THE
 PUBLICATION OF STATISTICS SO CLASSIFIED AS TO PREVENT THE IDENTIFICATION
 OF PARTICULAR RETURNS AND THE ITEMS THEREOF, OR THE  INSPECTION  BY  THE
 LEGAL  REPRESENTATIVES  OF  SUCH  COUNTY  OR  TOWN  OF THE RETURN OF ANY
 TAXPAYER WHO SHALL BRING ACTION TO SET ASIDE OR  REVIEW  THE  TAX  BASED
 THEREON.
   4.  ANY  OFFICER  OR  EMPLOYEE  OF  SUCH  COUNTY OR TOWN WHO WILLFULLY
 VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE DISMISSED  FROM  OFFICE
 AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE IN THIS STATE FOR A PERIOD
 OF FIVE YEARS THEREAFTER.
   §  1451-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.
   § 3. Severability. If any provision of this  act  or  the  application
 thereof  shall  for  any  reason  be  adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder of this act, but shall be confined in its oper-
 ation  to  the provision thereof directly involved in the controversy in
 which such judgment shall have been rendered.
   § 4. This act shall take effect immediately; provided,  however,  that
 section  two of this act shall take effect on the ninetieth day after it
 shall have become a law and shall expire December  31,  2046  when  upon
 such date the provisions of such section shall be deemed repealed.