S T A T E   O F   N E W   Y O R K
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                                  5316

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced  by  M.  of A. STEC, WOERNER -- 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
  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:
  S  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
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.
                                                           LBD08047-01-5
              

A. 5316                             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 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.
  S 2. This act shall take effect immediately.