S T A T E   O F   N E W   Y O R K
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                                  4234

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced by M. of A. GIGLIO -- 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
  Cattaraugus 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 CATTARAUGUS. 1.
CATTARAUGUS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02754-01-9
              

A. 4234                             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 CATTARAUGUS 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
CATTARAUGUS 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 CATTARAUGUS COUNTY AND, AFTER THE DEDUCTION BY SUCH  TREAS-
URER  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 CATTARAUGUS.  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 DETERMI-
NATION 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  CATTARAUGUS,  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 and shall  expire  and  be
deemed repealed December 1, 2012.