Bill Text: NY A04187 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to stabilizing the cultural education account and the local government records management improvement fund.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2012-01-04 - referred to tourism, parks, arts and sports development [A04187 Detail]
Download: New_York-2011-A04187-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4187
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development
AN ACT to amend the civil practice law and rules, the arts and cultural
affairs law, the administrative code of the city of New York and the
state finance law, in relation to stabilizing the cultural education
account and the local government records management improvement fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph b of paragraph 4 of subdivision (a) and
2 subparagraph b of paragraph 11 of subdivision (b) of section 8021 of the
3 civil practice law and rules, subparagraph b of paragraph 4 of subdivi-
4 sion (a) as amended by section 2 of part B of chapter 83 of the laws of
5 2002 and subparagraph b of paragraph 11 of subdivision (b) as amended by
6 section 3 of part B of chapter 83 of the laws of 2002, are amended to
7 read as follows:
8 b. For recording, entering, indexing and endorsing a certificate on
9 any instrument, an additional fee of [five] SEVEN dollars AND FIFTY
10 CENTS to be paid monthly by county clerks to the commissioner of educa-
11 tion, after deducting twenty-five cents, for deposit into the New York
12 state local government records management improvement fund and an addi-
13 tional [fifteen] TWENTY-TWO dollars AND FIFTY CENTS, after deducting
14 [seventy-five cents] ONE DOLLAR, for deposit to the cultural education
15 account.
16 b. For recording any instrument required by statute to be recorded, an
17 additional fee of [five] SEVEN dollars AND FIFTY CENTS to be paid month-
18 ly by county clerks to the commissioner of education, after deducting
19 twenty-five cents, for deposit into the New York state local government
20 records management improvement fund and an additional [fifteen] TWENTY-
21 TWO dollars AND FIFTY CENTS, after deducting [seventy-five cents] ONE
22 DOLLAR, for deposit to the cultural education account.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05297-01-1
A. 4187 2
1 S 2. Section 57.35 of the arts and cultural affairs law is amended by
2 adding a new subdivision 1-a to read as follows:
3 1-A. IN ADDITION TO THE GRANTS AUTHORIZED PURSUANT TO SUBDIVISION ONE
4 OF THIS SECTION, IN EACH STATE FISCAL YEAR THE COMMISSIONER OF EDUCA-
5 TION, SUBJECT TO AN APPROPRIATION FOR SUCH PURPOSE, SHALL BE AUTHORIZED
6 TO AWARD FORMULA GRANTS FOR RECORDS MANAGEMENT IMPROVEMENT PURSUANT TO
7 THIS SUBDIVISION TO COUNTY CLERKS AND, IN THE CITY OF NEW YORK, TO THE
8 NEW YORK REGISTER OR OTHER OFFICER OR AGENCY HAVING CUSTODY OF REAL
9 PROPERTY RECORDS AND ANY OFFICER OR AGENCY HAVING CUSTODY OF SUPREME
10 COURT RECORDS. THE AMOUNT OF EACH GRANT AWARD SHALL EQUAL THE PRODUCT OF
11 SEVENTY-FIVE CENTS AND THE NUMBER OF TRANSACTIONS ON WHICH A SURCHARGE
12 WAS IMPOSED BY THE PUBLIC OFFICER OR AGENCY APPLYING FOR A GRANT IN THE
13 PRIOR CALENDAR YEAR FOR DEPOSIT TO THE NEW YORK STATE LOCAL GOVERNMENT
14 RECORDS MANAGEMENT IMPROVEMENT FUND PURSUANT TO PARAGRAPH THREE OF
15 SUBDIVISION (A) OF SECTION EIGHT THOUSAND EIGHTEEN, SUBPARAGRAPH B OF
16 PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHT THOUSAND TWENTY-ONE
17 AND SUBPARAGRAPH B OF PARAGRAPH ELEVEN OF SUBDIVISION (B) OF SECTION
18 EIGHT THOUSAND TWENTY-ONE OF THE CIVIL PRACTICE LAW AND RULES, AND
19 SUBDIVISION A OF SECTION 7-604 OF THE ADMINISTRATIVE CODE OF THE CITY OF
20 NEW YORK.
21 S 3. Subdivision 3 of section 57.35 of the arts and cultural affairs
22 law, as added by chapter 78 of the laws of 1989, is amended to read as
23 follows:
24 3. All monies received by the commissioner of education under the
25 provisions of [the third undesignated] paragraph THREE of subdivision
26 (a) of section eight thousand eighteen, subparagraph b of paragraph four
27 of subdivision (a) of section eight thousand twenty-one and subparagraph
28 b of paragraph eleven of subdivision (b) of section eight thousand twen-
29 ty-one of the civil practice law and rules, and subdivision a of section
30 7-604 of the administrative code of the city of New York, shall be
31 deposited by the commissioner of education to the credit of the New York
32 state local government records management improvement fund established
33 pursuant to section ninety-seven-i of the state finance law by the tenth
34 day of the month following receipt of such monies.
35 S 4. Subdivision a of section 7-604 of the administrative code of the
36 city of New York, as amended by section 4 of part B of chapter 83 of the
37 laws of 2002, is amended to read as follows:
38 a. The register shall be paid a salary to be fixed by the mayor. All
39 fees shall be the property of the city. All sums so received shall be
40 paid to the commissioner of finance monthly without deduction. The
41 FOLLOWING additional [fee of twenty dollars] FEES for recording any
42 instrument required by New York state statute to be recorded pursuant to
43 subdivision one of section 7-614 of this code shall be [used as follows]
44 COLLECTED: [five] SEVEN dollars AND FIFTY CENTS paid monthly by the
45 commissioner of finance to the New York state commissioner of education,
46 after deducting twenty-five cents, for deposit into the New York state
47 local government records management improvement fund and [fifteen] TWEN-
48 TY-TWO dollars AND FIFTY CENTS, after deducting [seventy-five cents] ONE
49 DOLLAR, for deposit to the cultural education account.
50 S 5. Subdivision 2 of section 97-zzz of the state finance law, as
51 added by section 3-a of part B of chapter 83 of the laws of 2002, is
52 amended to read as follows:
53 2. The comptroller is authorized and directed to receive for deposit
54 to the credit of the cultural education account revenues designated for
55 such deposit by law including those derived from the surcharge author-
56 ized by [the third undesignated] paragraph THREE of subdivision (a) of
A. 4187 3
1 section eight thousand eighteen of the civil practice and law and rules,
2 subparagraph b of paragraph four of subdivision (a) of section eight
3 thousand twenty-one of such law, subparagraph b of paragraph eleven of
4 subdivision (b) of section eight thousand twenty-one of such law, [and]
5 subdivision a of section 7-604[,] AND subdivision 1 of section 7-614 of
6 the administrative code of the city of New York.
7 S 6. This act shall take effect on the sixtieth day after it shall
8 have become a law.
