Bill Text: NY A08006 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 8006 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Imposes an additional 0.25% mortgage recording tax in Livingston county and brings the total mortgage recording tax in Livingston county to 1.25%.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-10-11 - SIGNED CHAP.373 [A08006 Detail]

Download: New_York-2019-A08006-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8006

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 30, 2019
                                       ___________

        Introduced by M. of A. BYRNES -- 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
          Livingston 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:

     1    Section  1.  The  tax  law is amended by adding a new section 253-y to
     2  read as follows:
     3    § 253-y. Recording  tax  imposed  by  the  county  of  Livingston.  1.
     4  Livingston  county, acting through its local legislative body, is hereby
     5  authorized and empowered to adopt and amend local laws imposing in  such
     6  county  a tax of twenty-five cents for each one hundred dollars and each
     7  remaining major fraction thereof of principal debt or  obligation  which
     8  is  or  under  any  contingency  may be secured at the date of execution
     9  thereof, or at any time thereafter, by a mortgage on real property situ-
    10  ated within such county and recorded on or after  the  date  upon  which
    11  such tax takes effect and a tax of twenty-five cents on such mortgage if
    12  the  principal  debt or obligation which is or by any contingency may be
    13  secured by such 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
    23  provisions  shall  apply  with  the  same  force  and effect as if those
    24  provisions had been set forth in full in  this  section  except  to  the
    25  extent  that  any  provision  is either inconsistent with a provision of
    26  this section or not relevant to the tax authorized by this section.  For
    27  purposes  of  this  section, any reference in this article to the tax or
    28  taxes imposed by this article shall be deemed to refer to a tax  imposed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11988-01-9

        A. 8006                             2

     1  pursuant  to  this section, and any reference to the phrase "within this
     2  state" shall be read as "within Livingston county", unless  a  different
     3  meaning is clearly required.
     4    3.  Where the real property covered by the mortgage subject to the tax
     5  imposed pursuant to the authority of this section is  situated  in  this
     6  state but within and without the county imposing such tax, the amount of
     7  such  tax due and payable to such county shall be determined in a manner
     8  similar to that prescribed in the first paragraph of section two hundred
     9  sixty of this article which concerns real property situated  in  two  or
    10  more  counties.  Where such property is situated both within such county
    11  and without the state, the amount due and payable to such  county  shall
    12  be  determined  in the manner prescribed in the second paragraph of such
    13  section two hundred sixty which concerns property  situated  within  and
    14  without  the  state.  Where real property is situated within and without
    15  the county imposing such tax, the recording officer of the  jurisdiction
    16  in which the mortgage is first recorded shall be required to collect the
    17  taxes imposed pursuant to this section.
    18    4. A tax imposed pursuant to the authority of this section shall be in
    19  addition to the taxes imposed by section two hundred fifty-three of this
    20  article.
    21    5.  Notwithstanding any provision of this article to the contrary, the
    22  balance of all moneys paid to the recording officer  of  the  county  of
    23  Livingston during each month upon account of the tax imposed pursuant to
    24  the authority of this section, after deducting the necessary expenses of
    25  his  or  her office as provided in section two hundred sixty-two of this
    26  article, except taxes paid upon mortgages which under the provisions  of
    27  this  section  or section two hundred sixty of this article are first to
    28  be apportioned by the commissioner, shall be paid over by  such  officer
    29  on  or before the tenth day of each succeeding month to the treasurer of
    30  Livingston county and, after the deduction  by  such  treasurer  of  the
    31  necessary  expenses of his or her office provided in section two hundred
    32  sixty-two of this article shall be deposited in the general fund of  the
    33  county  of  Livingston  for  expenditure on any county purpose. Notwith-
    34  standing the provisions of the preceding sentence, the  tax  so  imposed
    35  and  paid  upon mortgages covering real property situated in two or more
    36  counties, which under the provisions of  this  section  or  section  two
    37  hundred sixty of this article are first to be apportioned by the commis-
    38  sioner,  shall  be paid over by the recording officer receiving the same
    39  as provided by the determination of said commissioner.
    40    6. Each enactment of a local law may provide for the imposition  of  a
    41  mortgage  tax  for  a period of time no longer than three years from the
    42  date of its enactment.  Nothing  in  this  section  shall  prohibit  the
    43  adoption and enactment of local laws, pursuant to the provisions of this
    44  section,  upon the expiration of any other local law adopted pursuant to
    45  this section.
    46    7. 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    8.  Certified  copies of any local law described in this section shall
    53  also be filed with the county clerk of the  county  of  Livingston,  the
    54  secretary  of state and the state comptroller within five days after the
    55  date it is duly enacted.
    56    § 2. This act shall take effect immediately.