Section 37. Powers and duties of receiver of taxes and assessments  


Latest version.
  • 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.