STATE OF NEW YORK ________________________________________________________________________ 5780--A 2023-2024 Regular Sessions IN SENATE March 15, 2023 ___________ 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 Chenango 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: 1 Section 1. The tax law is amended by adding a new section 253-z to 2 read as follows: 3 § 253-z. Recording tax imposed by the county of Chenango. 1. Chenango 4 county, acting through its local legislative body, is hereby authorized 5 and empowered to adopt and amend local laws imposing in such county a 6 tax of twenty-five cents for each one hundred dollars and each remaining 7 major fraction thereof of principal debt or obligation which is or under 8 any contingency may be secured at the date of execution thereof, or at 9 any time thereafter, by a mortgage on real property situated within such 10 county and recorded on or after the date upon which such tax takes 11 effect and a tax of twenty-five cents on such mortgage if the principal 12 debt or obligation which is or by any contingency may be secured by such 13 mortgage is less than one hundred dollars. 14 2. The taxes imposed under the authority of this section shall be 15 administered and collected in the same manner as the taxes imposed under 16 subdivision one of section two hundred fifty-three and paragraph (b) of 17 subdivision one of section two hundred fifty-five of this article. 18 Except as otherwise provided in this section, all the provisions of this 19 article relating to or applicable to the administration and collection 20 of the taxes imposed by such subdivisions shall apply to the taxes 21 imposed under the authority of this section with such modifications as 22 may be necessary to adapt such language to the tax so authorized. Such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10186-02-3
S. 5780--A 2 1 provisions shall apply with the same force and effect as if those 2 provisions had been set forth in full in this section except to the 3 extent that any provision is either inconsistent with a provision of 4 this section or not relevant to the tax authorized by this section. For 5 purposes of this section, any reference in this article to the tax or 6 taxes imposed by this article shall be deemed to refer to a tax imposed 7 pursuant to this section, and any reference to the phrase "within this 8 state" shall be read as "within Chenango county", unless a different 9 meaning is clearly required. 10 3. Where the real property covered by the mortgage subject to the tax 11 imposed pursuant to the authority of this section is situated in this 12 state but within and without the county imposing such tax, the amount of 13 such tax due and payable to such county shall be determined in a manner 14 similar to that prescribed in the first undesignated paragraph of 15 section two hundred sixty of this article which concerns real property 16 situated in two or more counties. Where such property is situated both 17 within such county and without the state, the amount due and payable to 18 such county shall be determined in the manner prescribed in the second 19 undesignated paragraph of such section two hundred sixty which concerns 20 property situated within and without the state. Where real property is 21 situated within and without the county imposing such tax, the recording 22 officer of the jurisdiction in which the mortgage is first recorded 23 shall be required to collect the taxes imposed pursuant to this section. 24 4. A tax imposed pursuant to the authority of this section shall be in 25 addition to the taxes imposed by section two hundred fifty-three of this 26 article. 27 5. Notwithstanding any provision of this article to the contrary, the 28 balance of all moneys paid to the recording officer of the county of 29 Chenango during each month upon account of the tax imposed pursuant to 30 the authority of this section, after deducting the necessary expenses of 31 his office as provided in section two hundred sixty-two of this article, 32 except taxes paid upon mortgages which under the provisions of this 33 section or section two hundred sixty of this article are first to be 34 apportioned by the commissioner, shall be paid over by such officer on 35 or before the tenth day of each succeeding month to the treasurer of 36 Chenango county and, after the deduction by such commissioner of finance 37 of the necessary expenses of his or her office provided in section two 38 hundred sixty-two of this article shall be deposited in the general fund 39 of the county of Chenango for expenditure on any county purpose. 40 Notwithstanding the provisions of the preceding sentence, the tax so 41 imposed and paid upon mortgages covering real property situated in two 42 or more counties, which under the provisions of this section or section 43 two hundred sixty of this article are first to be apportioned by the 44 commissioner, shall be paid over by the recording officer receiving the 45 same as provided by the determination of said commissioner. 46 6. Any local law imposing a tax pursuant to the authority of this 47 section or repealing or suspending such a tax shall take effect only on 48 the first day of a calendar month. Such a local law shall not be effec- 49 tive unless a certified copy thereof is mailed by registered or certi- 50 fied mail to the commissioner at the commissioner's office in Albany at 51 least thirty days prior to the date the local law shall take effect. 52 7. Certified copies of any local law described in this section shall 53 also be filed with the county clerk of the county of Chenango, the 54 secretary of state and the state comptroller within five days after the 55 date it is duly enacted.
S. 5780--A 3 1 § 2. This act shall take effect on the sixtieth day after shall it 2 have become a law and shall expire and be deemed repealed December 31, 3 2025.