Section 1439-K. Deposit and disposition of revenue  


Latest version.
  • 1.  All  taxes,
      penalties and interest imposed  by  the  town  under  the  authority  of
      section  fourteen  hundred  thirty-nine-b  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 thirty-nine-b 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 thirty-nine-b 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-i of the town law.
        * NB Repealed December 31, 2027
        * NB There are 3 § 1439-k's