§ 37. Powers and duties of receiver of taxes and assessments. 1. The
receiver of taxes and assessments, if the office be elective, shall hold
no other elective public office. Except as otherwise provided in section
twenty-five hundred six of the education law, he shall have and possess
and exercise in the manner and within the time prescribed by law all the
rights, powers, authority and jurisdiction possessed and exercised by
the town tax collector and the school district collectors in the town of
which he is receiver of taxes and assessments and he shall be subject to
all of the duties of such officers. Except as otherwise provided in
section twenty-five hundred six of the education law, and unless there
has been an agreement between the town board and the school board to the
contrary, it shall be the duty of such receiver of taxes and assessments
to receive and collect all state, county, town and school taxes, and all
assessments that may be levied or assessed in the town, and all fees
thereon prescribed by law, including all other moneys provided by law to
be paid to the town tax collector or school district collectors, except
that the town board of a town may by resolution authorize the receiver
of taxes and assessments to receive taxes for thirty days after the
first day specified in the notice for the payment of such taxes, at a
charge of not more than one per centum upon such taxes or without
additional charge, and except that the town board of a town may by
resolution authorize the receiver of taxes and assessments to receive
taxes heretofore payable to school district collectors after the
expiration of such thirty day period with such fee, not more than five
per centum upon such taxes, as the town board shall determine and
specify in such resolution. Upon the passage of such resolution, the
town board shall determine and fix the fee to be collected upon such
taxes. Except as otherwise provided by law, the receiver of taxes shall
receive and collect all water rates, sewer rentals, permit fees and
other fees and charges payable to said town. Except as otherwise
provided by this section, all fees, interest or penalties collected by
him upon any tax or assessment heretofore payable to the town tax
collector, or school district collectors, shall belong to the town.
Except as otherwise permitted by section fifteen hundred eighty-eight of
the real property tax law, such receiver shall enter daily in a suitable
book or books a record of all moneys received by him and such book or
books shall be public records and shall be open during office hours to
public inspection. Within twenty-four hours after receiving the same, he
shall deposit and secure all sums of money received and collected by him
to the credit of the supervisor in or with a bank or trust company
designated by the town board and notify the supervisor thereof, except
that all school district moneys collected shall be deposited to the
credit of the school district in such bank or banks as may be designated
from time to time by the boards of education or trustees of the school
districts, and except that after payment to the supervisor in full of
all moneys payable to him pursuant to any warrant for the collection of
taxes, the residue, if any, shall be deposited to the credit of the
receiver of taxes and assessments, in such banks or trust companies as
have been designated by the town board in the type of account specified
by such board and such moneys shall be paid to the county treasurer not
later than the fifteenth day of each month following the receipt
thereof, and upon expiration of such warrant the receiver shall comply
with the provisions of section nine hundred forty of the real property
tax law. In lieu of the aforesaid immediate deposit of school district
moneys to the credit of the school districts, the receiver of taxes and
assessments may deposit such school district moneys to his own credit as
receiver of taxes and assessments in the same account or accounts which
he uses for depositing and disbursing county tax moneys; provided that,
within five days after so depositing such school district moneys, he
shall make appropriate distribution thereof by depositing appropriate
sums to the credit of the school district as hereinbefore provided.
Notwithstanding the foregoing provisions of this section, the town
board, by resolution, may direct the receiver of taxes and assessments
to deposit and secure in the manner provided by section ten of the
general municipal law, in his name as receiver of taxes and assessments,
within twenty-four hours after receipt thereof, all moneys collected by
him which are due to the supervisor. All such moneys so deposited shall
be paid to the supervisor at such times as may be specified in such
resolution, but in no event later than the fifteenth day of each month
following the receipt thereof. The town board may require that any
moneys deposited to the credit of the receiver pursuant to this
subdivision be deposited in an interest bearing account. The interest
earned on tax moneys so deposited, collected on behalf of the state,
county, any school district or special district, shall belong to the
taxing entity for which such moneys were collected unless such entity
has, by statute in the case of the state or otherwise by resolution,
authorized the town to credit all or a percentage of such interest to
the general fund of the town. Upon the adoption of such statute or
resolution, the taxing entity shall notify, in writing, all town
supervisors of the percentage of interest the town is authorized to
credit to its general fund. The provisions of this subdivision regarding
the deposit of moneys and crediting of interest shall be controlling and
shall apply to each town, notwithstanding any inconsistent provisions of
any general, special or local law.

2. If any school district shall include territory in a town or towns
of the first class as well as territory in a town of the second class,
or in two or more towns of the first class, the board of education or
trustees or trustee of such school district shall divide the tax roll of
such school district so as to set forth separately that portion of the
district contained in each town of the first class and such board of
education, trustees or trustee shall deliver to each receiver of taxes
such proper portion of the tax roll and a warrant for the collection of
the taxes levied thereon. The school district collector of such school
district shall collect the taxes levied upon that portion of the
district contained in a town of the second class.