Bill Text: NY S04069 | 2011-2012 | General Assembly | Introduced

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Bill Title: Allows the commissioner of motor vehicles to require an electronic transfer of vehicles and to establish separate fees for paper and electronic transfers.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S04069 Detail]

Download: New_York-2011-S04069-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4069
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 16, 2011
                                      ___________
       Introduced  by  Sen. FUSCHILLO -- (at request of the Department of Motor
         Vehicles) -- read twice and ordered printed, and when  printed  to  be
         committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to allowing the
         commissioner  to  require  an  electronic  transfer of vehicles and to
         establish separate fees for paper and electronic transfers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  6  of section 415 of the vehicle and traffic
    2  law, as amended by section 1-b of part A of chapter 63 of  the  laws  of
    3  2005, is amended to read as follows:
    4    6.  Fees.  Every  original application for registration as a dealer or
    5  transporter shall be accompanied by an application fee  of  thirty-seven
    6  dollars and fifty cents, which shall in no event be refunded. The annual
    7  fee  for  registration as a dealer or transporter or for renewal thereof
    8  shall be two hundred twenty-five dollars. The annual fee for  any  other
    9  registration  under  this  section  shall be fifty dollars. However, the
   10  commissioner may, in his discretion, issue a renewal of either registra-
   11  tion for a period of two years. The fee for a two-year renewal shall  be
   12  twice  the  annual  fee. The annual fee for dealer or transporter number
   13  plates shall be twenty dollars for each set. If the commissioner  issues
   14  to  dealers  a document which is required to be used by a dealer to sell
   15  or transfer a vehicle, the fee for the issuance of  each  such  document
   16  shall  be  five dollars.   IN LIEU OF ISSUING SUCH DOCUMENT, THE COMMIS-
   17  SIONER MAY, BY REGULATION, REQUIRE THAT  THE  INFORMATION  CONTAINED  ON
   18  SUCH  DOCUMENT  BE  TRANSMITTED  TO  THE COMMISSIONER ELECTRONICALLY AND
   19  STORED ELECTRONICALLY BY THE COMMISSIONER. THE FEE FOR TRANSMITTING SUCH
   20  INFORMATION ELECTRONICALLY SHALL BE FIVE DOLLARS. THE COMMISSIONER SHALL
   21  PROVIDE THAT SUCH ELECTRONIC TRANSMISSION BE WAIVED WHEN A DEALER  SHOWS
   22  GOOD  CAUSE  THAT  THE  DEALER CANNOT TRANSMIT THE INFORMATION ELECTRON-
   23  ICALLY. There shall be no refund of registration fee or fees for  number
   24  plates  in the event of suspension, revocation or voluntary cancellation
   25  of registration. The fee for any such transfer document  issued  by  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09736-01-1
       S. 4069                             2
    1  commissioner  shall be refunded only upon the surrender of such document
    2  upon voluntary cancellation of registration.
    3    S  2.  Subdivision 6 of section 415 of the vehicle and traffic law, as
    4  amended by chapter 7 of the laws of 2000, is amended to read as follows:
    5    6. Fees. Every original application for registration as  a  dealer  or
    6  transporter  shall  be  accompanied by an application fee of twenty-five
    7  dollars, which shall in no event be refunded. The annual fee for  regis-
    8  tration  as  a dealer or transporter or for renewal thereof shall be one
    9  hundred fifty dollars. The annual fee for any other  registration  under
   10  this  section  shall be fifty dollars. However, the commissioner may, in
   11  his discretion, issue a renewal of either registration for a  period  of
   12  two years. The fee for a two-year renewal shall be twice the annual fee.
   13  The  annual  fee for dealer or transporter number plates shall be twenty
   14  dollars for each set. If the commissioner issues to dealers  a  document
   15  which  is required to be used by a dealer to sell or transfer a vehicle,
   16  the fee for the issuance of each such document shall be one dollar.   IN
   17  LIEU  OF  ISSUING  SUCH  DOCUMENT,  THE COMMISSIONER MAY, BY REGULATION,
   18  REQUIRE THAT THE INFORMATION CONTAINED ON SUCH DOCUMENT  BE  TRANSMITTED
   19  TO  THE  COMMISSIONER  ELECTRONICALLY  AND  STORED ELECTRONICALLY BY THE
   20  COMMISSIONER. THE FEE FOR TRANSMITTING SUCH  INFORMATION  ELECTRONICALLY
   21  SHALL  BE  FIVE  DOLLARS. THE COMMISSIONER SHALL PROVIDE THAT SUCH ELEC-
   22  TRONIC TRANSMISSION BE WAIVED WHEN A DEALER SHOWS GOOD  CAUSE  THAT  THE
   23  DEALER CANNOT TRANSMIT THE INFORMATION ELECTRONICALLY. There shall be no
   24  refund  of  registration  fee  or fees for number plates in the event of
   25  suspension, revocation or voluntary cancellation  of  registration.  The
   26  fee  for  any such transfer document issued by the commissioner shall be
   27  refunded only upon the surrender of such document upon voluntary cancel-
   28  lation of registration.
   29    S 3. Paragraph (b) of subdivision 1 of section 429 of the vehicle  and
   30  traffic  law,  as amended by chapter 691 of the laws of 1979, is amended
   31  to read as follows:
   32    (b) By a vehicle dismantler. Whenever a person who  is  engaged  in  a
   33  business  requiring  him  to be registered as a vehicle dismantler or an
   34  itinerant vehicle collector acquires a motor vehicle which has been sold
   35  or otherwise disposed of as junk  or  for  salvage,  such  person  shall
   36  deliver  a  statement concerning such acquisition to the commissioner as
   37  provided in this section. Such person shall deliver the  certificate  of
   38  title  or  any  other ownership documents relating to such motor vehicle
   39  properly executed to transfer title by the  transferor  to  the  vehicle
   40  dismantler  or  itinerant  vehicle  collector  and notices of release of
   41  security interest from any lienholder whose lien has been  satisfied  to
   42  the  commissioner  with  the required statement of acquisition. However,
   43  the provisions of this subdivision shall not apply to  a  vehicle  which
   44  has  been  transferred  to a vehicle dismantler registered under section
   45  four hundred fifteen-a of this chapter by means  of  a  document  issued
   46  pursuant to this section. THE COMMISSIONER MAY, BY REGULATION, WAIVE THE
   47  REQUIREMENTS  OF  THIS SUBDIVISION WITH RESPECT TO THE DELIVERY OF DOCU-
   48  MENTS OR, IN THE ALTERNATIVE, ALLOW SUCH REQUIREMENTS TO BE SATISFIED BY
   49  AN ELECTRONIC FILING OF THE NECESSARY INFORMATION BY OR ON BEHALF OF THE
   50  PERSON TO WHOM SUCH REQUIREMENTS APPLY.
   51    S 4. This act shall take effect immediately provided that  the  amend-
   52  ments  to  subdivision  6  of section 415 of the vehicle and traffic law
   53  made by section one of this act shall be subject to the  expiration  and
   54  reversion  of  such  subdivision  pursuant  to section 13 of part U-1 of
   55  chapter 62 of the laws of 2003, as amended,  when  upon  such  date  the
   56  provisions of section two of this act shall take effect.