Bill Text: NY A03368 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes county clerks to retain a portion of fees collected for motor vehicle related services through a department of motor vehicles' website or the Utica processing center.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-16 - print number 3368a [A03368 Detail]
Download: New_York-2011-A03368-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3368
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. RUSSELL, SCHROEDER, GUNTHER, JAFFEE, CASTRO,
MAGEE -- Multi-Sponsored by -- M. of A. AMEDORE, BARCLAY, CALHOUN,
CROUCH, FINCH, GIGLIO, HAWLEY, HAYES, HOOPER, KOLB, LIFTON, P. LOPEZ,
LUPARDO, MOLINARO, MONTESANO, OAKS, REILICH, SAYWARD, SCHIMMINGER --
read once and referred to the Committee on Governmental Employees
AN ACT to amend the vehicle and traffic law, in relation to allowing
county clerks to retain fees collected for motor vehicle related
services through a department of motor vehicles' website or processing
center
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 205 of the vehicle and traffic
2 law, as amended by section 3 of part G of chapter 59 of the laws of
3 2008, is amended to read as follows:
4 3. (A) Each such county clerk shall retain from fees collected for any
5 motor vehicle related service described in subdivision one of this
6 section processed by such county clerk an amount based on a percentage
7 of gross receipts collected. For purposes of this section, the term
8 "gross receipts" shall include all fines, fees and penalties collected
9 pursuant to this chapter by a county clerk acting as agent of the
10 commissioner OR DEPARTMENT OF MOTOR VEHICLES' WEBSITE OR DEPARTMENT OF
11 MOTOR VEHICLES' UTICA PROCESSING CENTER, but shall not include any state
12 or local sales or compensating use taxes imposed under or pursuant to
13 the authority of articles twenty-eight and twenty-nine of the tax law
14 and collected by such clerk OR DEPARTMENT OF MOTOR VEHICLES' WEBSITE OR
15 DEPARTMENT OF MOTOR VEHICLES' UTICA PROCESSING CENTER on behalf of the
16 commissioner of taxation and finance. The retention percentage shall be
17 12.7 percent and shall take effect April first, nineteen hundred nine-
18 ty-nine; provided, however, the retention percentage shall be thirty
19 percent of the thirty dollar fee established in paragraph (e) of subdi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01048-01-1
A. 3368 2
1 vision two of section four hundred ninety-one and paragraph [f-one]
2 (F-1) of subdivision two of section five hundred three of this chapter.
3 (B) THE COMMISSIONER SHALL REMIT ON A QUARTERLY BASIS TO EACH SUCH
4 COUNTY CLERK FROM FEES COLLECTED FOR ANY MOTOR VEHICLE RELATED SERVICE
5 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION THAT ARE PROCESSED THROUGH
6 THE DEPARTMENT OF MOTOR VEHICLES' WEBSITE OR DEPARTMENT OF MOTOR VEHI-
7 CLES' UTICA PROCESSING CENTER THE RETENTION PERCENTAGE OF GROSS RECEIPTS
8 COLLECTED, AS SUCH RETENTION PERCENTAGE IS DESCRIBED IN PARAGRAPH (A) OF
9 THIS SUBDIVISION WHICH SUCH COUNTY CLERK WOULD HAVE BEEN ENTITLED TO
10 RETAIN PURSUANT TO THIS SUBDIVISION IF SUCH FEES HAD BEEN PROCESSED IN
11 THE COUNTY OF RECORD OF THE REGISTRANT.
12 S 2. This act shall take effect April 1, 2012; provided, however, that
13 effective immediately, the addition, amendment and/or repeal of any rule
14 or regulation necessary for the implementation of this act on its effec-
15 tive date are authorized and directed to be made and completed on or
16 before such effective date.
