Section 1328. Collecting officer's fees; interest  


Latest version.
  • 1. Except as otherwise
      provided in subdivision two of this section and except  in  city  school
      districts,  the collecting officer shall receive for his services on all
      sums paid to him within the one  month  collection  period  provided  in
      section  thirteen hundred twenty-two of this chapter one per centum, and
      upon all sums collected by him thereafter, five per centum.  In  case  a
      levy  and  sale is made by such collecting officer, he shall be entitled
      to traveling expenses at the rate of ten cents per mile to  be  computed
      from the principal school building in such district.
        2.  In  a  school  district in which the collecting officer receives a
      fixed compensation in lieu of fees under the provisions  of  subdivision
      four  of  section  twenty-one  hundred  thirty of the education law, all
      taxes remaining unpaid after the expiration  of  the  one  month  period
      prescribed  by subdivision one of section thirteen hundred twenty-two of
      this chapter shall bear interest at the rate as determined  pursuant  to
      section  nine  hundred  twenty-four-a of this chapter for such one month
      period and for each one month period or part  thereof  thereafter  until
      paid  or  until  the  return of the collecting officer's warrant. In the
      case of a tax paid to the county  treasurer  under  subdivision  six  of
      section thirteen hundred thirty of this chapter, before levy, the amount
      of  such  interest  shall  be  in lieu of the five per centum of the tax
      provided for in such section, and the amount of such interest  shall  be
      included  in  and  be  deemed  part  of the amount of the unpaid tax for
      purposes of payments to the district from the county treasurer  and  for
      computing  the  additional  percentage  to  be  levied  by  the board of
      supervisors, pursuant to subdivisions four and five of section  thirteen
      hundred thirty of this chapter. All interest collected by the collecting
      officer  upon  school  taxes  under the provisions of this chapter shall
      belong to the school district and shall be paid into the school district
      funds.
        3. In a city school district all  taxes  remaining  unpaid  after  the
      expiration  of  the  one month period stated in section thirteen hundred
      twenty-four  of  this  chapter  shall  bear  interest  at  the  rate  as
      determined  pursuant  to  section  nine  hundred  twenty-four-a  of this
      chapter for such one month period and for each one month period or  part
      thereof thereafter until paid or until the return of such warrant by the
      collecting officer. The amount of such interest shall be included in and
      be  deemed  part  of  the  amount of the unpaid tax. All taxes remaining
      unpaid after the return of the warrant shall bear interest at  the  rate
      as  determined  pursuant  to  section nine hundred twenty-four-a of this
      chapter for each such one month period, or part thereof. Notwithstanding
      the foregoing provisions of this subdivision, the school authorities  of
      any  such  city school district shall have the power, by resolution duly
      adopted, to suspend the provisions of this subdivision  in  relation  to
      the  rates of interest payable on school district taxes remaining unpaid
      after the expiration of the one month period stated in section  thirteen
      hundred  twenty-four  of  this  chapter.  Upon  the  adoption  of such a
      resolution, the rates of interest payable on unpaid city taxes  in  such
      city, according to law, shall be the rates of interest payable on school
      district  taxes  remaining unpaid after the expiration of such one month
      period.  Such  rates  shall  remain  so  applicable  until  such  school
      authorities,  by  resolution  duly  adopted,  terminate  the  period  of
      suspension of such provisions of this subdivision.