Bill Text: NY S01908 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to increasing the retention percentage for certain motor vehicle service fees.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Engrossed - Dead) 2018-02-23 - PRINT NUMBER 1908A [S01908 Detail]
Download: New_York-2017-S01908-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1908--A 2017-2018 Regular Sessions IN SENATE January 11, 2017 ___________ Introduced by Sens. RITCHIE, AKSHAR, BONACIC, MARCHIONE, MURPHY, O'MARA, ORTT, SERINO, SEWARD, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to increasing the retention percentage collected for certain motor vehicle service fees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3 and 3-a of section 205 of the vehicle and 2 traffic law, subdivision 3 as amended by section 3 of part G of chapter 3 59 of the laws of 2008 and subdivision 3-a as added by section 1 of part 4 F of chapter 58 of the laws of 2012, are amended to read as follows: 5 3. Each such county clerk shall retain from fees collected for any 6 motor vehicle related service described in subdivision one of this 7 section processed by such county clerk an amount based on a percentage 8 of gross receipts collected. For purposes of this section, the term 9 "gross receipts" shall include all fines, fees and penalties collected 10 pursuant to this chapter by a county clerk acting as agent of the 11 commissioner, but shall not include any state or local sales or compen- 12 sating use taxes imposed under or pursuant to the authority of articles 13 twenty-eight and twenty-nine of the tax law and collected by such clerk 14 on behalf of the commissioner of taxation and finance. The retention 15 percentage shall be [12.7] twenty-five percent and shall take effect 16 [April] January first, [nineteen hundred ninety-nine] two thousand nine- 17 teen; provided, however, the retention percentage shall be [thirty] 18 sixty percent of the thirty dollar fee established in paragraph (e) of 19 subdivision two of section four hundred ninety-one and paragraph f-one 20 of subdivision two of section five hundred three of this chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02057-02-8S. 1908--A 2 1 3-a. In addition to the fees retained pursuant to subdivision three of 2 this section, each county clerk acting as the agent of the commissioner 3 pursuant to subdivision one of this section shall retain [four] eight 4 percent of "enhanced internet and electronic partner revenue" collected 5 by the commissioner. For the purposes of this subdivision, "enhanced 6 internet and electronic partner revenue" shall mean the amount of gross 7 receipts attributable to all transactions conducted on the internet by 8 residents of such county and by designated partners of the department on 9 behalf of such residents for the current calendar year that exceeds the 10 amount of such revenue collected by the commissioner during calendar 11 year two thousand eleven. The commissioner shall certify the amounts to 12 be retained by each county clerk pursuant to this subdivision. 13 [Provided, however, that if the aggregate amount of fees retained by14county clerks pursuant to this subdivision in calendar years two thou-15sand twelve and two thousand thirteen combined exceeds eighty-eight16million five hundred thousand dollars, then the percentage of fees to be17retained thereafter shall be reduced to a percentage that, if applied to18the fees collected during calendar years two thousand twelve and two19thousand thirteen combined, would have resulted in an aggregate20retention of eighty-eight million five hundred thousand dollars or 2.521percent of enhanced internet and electronic partner revenue, whichever22is higher. If the aggregate amount of fees retained by county clerks23pursuant to this subdivision in calendar years two thousand twelve and24two thousand thirteen combined is less than eighty-eight million five25hundred thousand dollars, then the percentage of fees to be retained26thereafter shall be increased to a percentage that, if applied to the27fees collected during calendar years two thousand twelve and two thou-28sand thirteen combined, would have resulted in an aggregate retention of29eighty-eight million five hundred thousand dollars, or six percent of30enhanced internet and electronic partner revenue, whichever is less. On31and after April first, two thousand sixteen, the percent of enhanced32internet and electronic partner revenue to be retained by county clerks33shall be the average of the annual percentages that were in effect34between April first, two thousand twelve and March thirty-first, two35thousand sixteen.] 36 § 2. This act shall take effect on the first of January next succeed- 37 ing the date on which it shall have become a law.
