Bill Text: NY S05522 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to increasing the retention percentage for certain motor vehicle service fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S05522 Detail]

Download: New_York-2023-S05522-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5522

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 7, 2023
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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  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 twen-
    17  ty-four; 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.
    21    3-a. In addition to the fees retained pursuant to subdivision three of
    22  this  section, each county clerk acting as the agent of the commissioner
    23  pursuant to subdivision one of this section shall  retain  [four]  eight
    24  percent  of "enhanced internet and electronic partner revenue" collected

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10077-01-3
        S. 5522                             2

     1  by the commissioner. For the purposes  of  this  subdivision,  "enhanced
     2  internet  and electronic partner revenue" shall mean the amount of gross
     3  receipts attributable to all transactions conducted on the  internet  by
     4  residents of such county and by designated partners of the department on
     5  behalf  of such residents for the current calendar year that exceeds the
     6  amount of such revenue collected by  the  commissioner  during  calendar
     7  year  two thousand eleven. The commissioner shall certify the amounts to
     8  be  retained  by  each  county  clerk  pursuant  to  this   subdivision.
     9  [Provided,  however,  that  if  the aggregate amount of fees retained by
    10  county clerks pursuant to this subdivision in calendar years  two  thou-
    11  sand  twelve  and  two  thousand  thirteen combined exceeds eighty-eight
    12  million five hundred thousand dollars, then the percentage of fees to be
    13  retained thereafter shall be reduced to a percentage that, if applied to
    14  the fees collected during calendar years two  thousand  twelve  and  two
    15  thousand   thirteen  combined,  would  have  resulted  in  an  aggregate
    16  retention of eighty-eight million five hundred thousand dollars  or  2.5
    17  percent  of  enhanced internet and electronic partner revenue, whichever
    18  is higher. If the aggregate amount of fees  retained  by  county  clerks
    19  pursuant  to  this subdivision in calendar years two thousand twelve and
    20  two thousand thirteen combined is less than  eighty-eight  million  five
    21  hundred  thousand  dollars,  then  the percentage of fees to be retained
    22  thereafter shall be increased to a percentage that, if  applied  to  the
    23  fees  collected  during calendar years two thousand twelve and two thou-
    24  sand thirteen combined, would have resulted in an aggregate retention of
    25  eighty-eight million five hundred thousand dollars, or  six  percent  of
    26  enhanced  internet and electronic partner revenue, whichever is less. On
    27  and after April first, two thousand sixteen,  the  percent  of  enhanced
    28  internet  and electronic partner revenue to be retained by county clerks
    29  shall be the average of the  annual  percentages  that  were  in  effect
    30  between  April  first,  two  thousand twelve and March thirty-first, two
    31  thousand sixteen.]
    32    § 2. This act shall take effect on the first of January next  succeed-
    33  ing the date on which it shall have become a law.