Section 1449-KKKK. Deposit and disposition of revenue  


Latest version.
  • 1. All taxes,
      penalties and interest imposed  by  the  town  under  the  authority  of
      section  fourteen  hundred  forty-nine-bbbb  of  this article, which are
      collected by the treasurer or his or her agents, shall be deposited in a
      single trust fund for the town and shall be kept in trust  and  separate
      and  apart  from all other monies in possession of the treasurer. Moneys
      in such fund shall be deposited and secured in the  manner  provided  by
      section  ten of the general municipal law. Pending expenditure from such
      fund, moneys therein may be invested in the manner provided  in  section
      eleven of the general municipal law. Any interest earned or capital gain
      realized  on  the  moneys  so  deposited or invested shall accrue to and
      become part of such fund.
        2. The treasurer shall retain such amount as he or she  may  determine
      to be necessary for refunds with respect to the tax imposed by the town,
      under  the authority of section fourteen hundred forty-nine-bbbb of this
      article, out of which the treasurer shall pay any refunds of such  taxes
      to  those  taxpayers  entitled to a refund pursuant to the provisions of
      this article.
        3. The treasurer, after reserving such refunds, shall on or before the
      twelfth day of  each  month  pay  to  the  town  supervisor  the  taxes,
      penalties  and  interest  imposed  by  the  town  under the authority of
      section fourteen hundred forty-nine-bbbb of this article,  collected  by
      the  treasurer,  pursuant  to  this  article  during  the next preceding
      calendar month. The amount so payable shall be  certified  to  the  town
      supervisor  by  the  treasurer,  who  shall  not  be held liable for any
      inaccuracy  in  such  certification.   Provided,   however,   any   such
      certification  may  be  based on such information as may be available to
      the treasurer at the time such certification must  be  made  under  this
      section.  Where  the  amount  so  paid  over  to  the  town  in any such
      distribution is more or less than the amount due to the town, the amount
      of the overpayment or  underpayment  shall  be  certified  to  the  town
      supervisor  by  the  treasurer,  who  shall  not  be held liable for any
      inaccuracy in such certification.  The  amount  of  the  overpayment  or
      underpayment  shall be so certified to the town supervisor as soon after
      the discovery of the overpayment or underpayment as reasonably  possible
      and  subsequent  payments and distributions by the treasurer to the town
      shall be adjusted by subtracting the amount of any such overpayment from
      or by adding the amount of any  such  underpayment  to  such  number  of
      subsequent   payments  and  distributions  as  the  treasurer  and  town
      supervisor shall consider reasonable  in  view  of  the  overpayment  or
      underpayment and all other facts and circumstances.
        4.  All  monies  received from the treasurer shall be deposited in the
      fund of the town, pursuant to section sixty-four-g of the town law.
        * NB Repealed December 31, 2025