S T A T E   O F   N E W   Y O R K
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                                  8723

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2009
                               ___________

Introduced by M. of A. P. LOPEZ -- Multi-Sponsored by -- M. of A. GORDON
  -- read once and referred to the Committee on Ways and Means

AN  ACT  to  amend the tax law, in relation to authorizing the county of
  Greene 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-x  to
read as follows:
  S  253-X.  RECORDING  TAX  IMPOSED  BY THE COUNTY OF GREENE. 1. GREENE
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03254-01-9
              

A. 8723                             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 GREENE 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
GREENE 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
GREENE 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 GREENE 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 GREENE, THE SECRE-
TARY OF STATE AND THE STATE COMPTROLLER WITHIN FIVE DAYS AFTER THE  DATE
IT IS DULY ENACTED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall expire and be deemed  repealed  December  1,
2012.