NY State Assembly Bill 2009-A6783

Assembly Bill A6783

2009-2010 Legislative Session

Relates to stabilizing the cultural education account and the local government records management improvement fund

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2010	held for consideration in ways and means
Jun 03, 2010	print number 6783b
Jun 03, 2010	amend and recommit to ways and means reported referred to ways and means
Jan 06, 2010	referred to tourism, arts and sports development
Jun 17, 2009	print number 6783a
Jun 17, 2009	amend and recommit to ways and means
Mar 25, 2009	reported referred to ways and means
Mar 12, 2009	referred to tourism, arts and sports development

Bill Amendments

Original

B (Active)

2009-A6783 - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §8021, CPLR; amd §57.35, Arts & Cul L; amd §7-604, NYC Ad Cd; amd §97-zzz, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4187
2013-2014: A4756
2015-2016: A6295

2009-A6783 - Summary

Relates to stabilizing the cultural education account and the local government records management improvement fund.

2009-A6783 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6783

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL -- (at request of the State
  Education Department) -- read once and referred to  the  Committee  on
  Tourism, 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:

  Section 1. Paragraph 3 of subdivision (a) of section 8018 of the civil
practice  law and rules, as amended by section 1 of part B of chapter 83
of the laws of 2002, is amended to read as follows:
  3. In addition, a county clerk is entitled, for the assignment  of  an
index  number  to  an  action  pending  in a court of which he or she is
clerk, to the following fee: an  additional  [five]  SEVEN  dollars  AND
FIFTY  CENTS, to be paid monthly by the county clerk to the commissioner
of education, after deducting twenty-five cents, for  deposit  into  the
New  York state local government records management improvement fund and
an additional  [fifteen]  TWENTY-TWO  dollars  AND  FIFTY  CENTS,  after
deducting  [seventy-five  cents] ONE DOLLAR, for deposit to the cultural
education account.
  S 2. Subparagraph b of paragraph 4 of subdivision (a) and subparagraph
b of paragraph 11 of subdivision (b) of section 8021 of the civil  prac-
tice  law and rules, subparagraph b of paragraph 4 of subdivision (a) as
amended by section 2 of part B of chapter 83 of the  laws  of  2002  and
subparagraph  b of paragraph 11 of subdivision (b) as amended by section
3 of part B of chapter 83 of the laws of 2002, are amended  to  read  as
follows:
  b.  For  recording,  entering, indexing and endorsing a certificate on
any instrument, an additional fee of  [five]  SEVEN  dollars  AND  FIFTY
CENTS  to be paid monthly by county clerks to the commissioner of educa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08124-01-9

A. 6783                             2

tion, after deducting twenty-five cents, for deposit into the  New  York
state  local government records management improvement fund and an addi-
tional [fifteen] TWENTY-TWO dollars AND  FIFTY  CENTS,  after  deducting
[seventy-five  cents]  ONE DOLLAR, for deposit to the cultural education
account.
  b. For recording any instrument required by statute to be recorded, an
additional fee of [five] SEVEN dollars AND FIFTY CENTS to be paid month-
ly by county clerks to the commissioner of  education,  after  deducting
twenty-five  cents, for deposit into the New York state local government
records management improvement fund and an additional [fifteen]  TWENTY-
TWO  dollars  AND  FIFTY CENTS, after deducting [seventy-five cents] ONE
DOLLAR, for deposit to the cultural education account.
  S 3. Section 57.35 of the arts and cultural affairs law is amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  IN ADDITION TO THE GRANTS AUTHORIZED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, IN EACH STATE FISCAL YEAR THE  COMMISSIONER  OF  EDUCA-
TION,  SUBJECT TO AN APPROPRIATION FOR SUCH PURPOSE, SHALL BE AUTHORIZED
TO AWARD FORMULA GRANTS FOR RECORDS MANAGEMENT IMPROVEMENT  PURSUANT  TO
THIS  SUBDIVISION  TO COUNTY CLERKS AND, IN THE CITY OF NEW YORK, TO THE
NEW YORK REGISTER OR OTHER OFFICER OR  AGENCY  HAVING  CUSTODY  OF  REAL
PROPERTY  RECORDS  AND  ANY  OFFICER OR AGENCY HAVING CUSTODY OF SUPREME
COURT RECORDS. THE AMOUNT OF EACH GRANT AWARD SHALL EQUAL THE PRODUCT OF
SEVENTY-FIVE CENTS AND THE NUMBER OF TRANSACTIONS ON WHICH  A  SURCHARGE
WAS  IMPOSED BY THE PUBLIC OFFICER OR AGENCY APPLYING FOR A GRANT IN THE
PRIOR CALENDAR YEAR FOR DEPOSIT TO THE NEW YORK STATE  LOCAL  GOVERNMENT
RECORDS  MANAGEMENT  IMPROVEMENT  FUND  PURSUANT  TO  PARAGRAPH THREE OF
SUBDIVISION (A) OF SECTION EIGHT THOUSAND EIGHTEEN,  SUBPARAGRAPH  B  OF
PARAGRAPH  FOUR  OF SUBDIVISION (A) OF SECTION EIGHT THOUSAND TWENTY-ONE
AND SUBPARAGRAPH B OF PARAGRAPH ELEVEN OF  SUBDIVISION  (B)  OF  SECTION
EIGHT  THOUSAND  TWENTY-ONE  OF  THE  CIVIL  PRACTICE LAW AND RULES, AND
SUBDIVISION A OF SECTION 7-604 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.  THE COMMISSIONER OF EDUCATION  SHALL  PROMULGATE  REGULATIONS
PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION TO PRESCRIBE THE CRITERIA
AND PROCEDURES FOR AWARD OF SUCH FORMULA GRANTS.
  S 4. Subdivision 3 of section 57.35 of the arts and  cultural  affairs
law,  as  added by chapter 78 of the laws of 1989, is amended to read as
follows:
  3. All monies received by the  commissioner  of  education  under  the
provisions  of  [the  third undesignated] paragraph THREE of subdivision
(a) of section eight thousand eighteen, subparagraph b of paragraph four
of subdivision (a) of section eight thousand twenty-one and subparagraph
b of paragraph eleven of subdivision (b) of section eight thousand twen-
ty-one of the civil practice law and rules, and subdivision a of section
7-604 of the administrative code of the  city  of  New  York,  shall  be
deposited by the commissioner of education to the credit of the New York
state  local  government records management improvement fund established
pursuant to section ninety-seven-i of the state finance law by the tenth
day of the month following receipt of such monies.
  S 5. Subdivision a of section 7-604 of the administrative code of  the
city of New York, as amended by section 4 of part B of chapter 83 of the
laws of 2002, is amended to read as follows:
  a.  The  register shall be paid a salary to be fixed by the mayor. All
fees shall be the property of the city. All sums so  received  shall  be
paid  to  the  commissioner  of  finance  monthly without deduction. The
FOLLOWING additional [fee of twenty  dollars]  FEES  for  recording  any
instrument required by New York state statute to be recorded pursuant to

A. 6783                             3

subdivision one of section 7-614 of this code shall be [used as follows]
COLLECTED:    [five]  SEVEN  dollars AND FIFTY CENTS paid monthly by the
commissioner of finance to the New York state commissioner of education,
after  deducting  twenty-five cents, for deposit into the New York state
local government records management improvement fund and [fifteen] TWEN-
TY-TWO dollars AND FIFTY CENTS, after deducting [seventy-five cents] ONE
DOLLAR, for deposit to the cultural education account.
  S 6. Subdivision 2 of section 97-zzz of  the  state  finance  law,  as
added  by  section  3-a  of part B of chapter 83 of the laws of 2002, is
amended to read as follows:
  2. The comptroller is authorized and directed to receive  for  deposit
to  the credit of the cultural education account revenues designated for
such deposit by law including those derived from the  surcharge  author-
ized  by  [the third undesignated] paragraph THREE of subdivision (a) of
section eight thousand eighteen of the civil practice and law and rules,
subparagraph b of paragraph four of subdivision  (a)  of  section  eight
thousand  twenty-one  of such law, subparagraph b of paragraph eleven of
subdivision (b) of section eight thousand twenty-one of such law,  [and]
subdivision  a of section 7-604[,] AND subdivision 1 of section 7-614 of
the administrative code of the city of New York.
  S 7. This act shall take effect April 1, 2009; provided  that  in  the
event  it shall become a law after such date, this act shall take effect
immediately.

co-Sponsors

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multi-Sponsors

2009-A6783A - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §8021, CPLR; amd §57.35, Arts & Cul L; amd §7-604, NYC Ad Cd; amd §97-zzz, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4187
2013-2014: A4756
2015-2016: A6295

2009-A6783A - Summary

Relates to stabilizing the cultural education account and the local government records management improvement fund.

2009-A6783A - Sponsor Memo

                                BILL NUMBER:A6783A

TITLE  OF  BILL:   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

Purpose  of  the  Bill:    The  purpose of this bill is to stabilize the
Cultural Education (CE) Account in order to maintain funding to  support
the  State  Museum, Archives, State Library, the Office of Public Broad-
casting and Educational Television and other functions of the Office  of
Cultural  Education  of the State Education Department, and to stabilize
the Local Government Records Management Improvement  Fund  (LGRMIF)  and
provide  additional  funding  for  local  government  records management
grants, by increasing the surcharge imposed by the county clerk for  the
recording,  entering,  indexing  or  endorsing  of  a certificate of any
instrument relating to real property  and  required  by  statute  to  be
required in such county clerk's office.

Summary  of  the Provisions of the Bill:  Section 1 would amend subpara-
graph b of paragraph 4 of subdivision a and subparagraph b of  paragraph
11  of  subdivision  b  of  §8021 of the Civil Practice Law and Rules to
increase the LGRMIF and CE Account fees charged by  the  county  clerk's
office for the recording, entering, indexing, and endorsing of a certif-
icate on any instrument relating to real property in such county and any

instrument  required  by  statute to be recorded in such clerk's office.
Currently, the clerk's office imposes a surcharge of $5.00  for  deposit
to  the  LGRMIF and a $15.00 surcharge for deposit in the CE Account. Of
the $5.00 surcharge, counties retain twenty-five cents (.25), and of the
$15.00 surcharge, counties retain seventy-five cents  (.75).  Section  1
would  increase  the  LGRMIF  fee  by  $2.50,  from  $5.00 to $7.50, and
increase the CE Account fee $7.50, from  $15.00  to  $22.50.  Section  1
would  also  increase  the  amount  of  the  CE  Account fee that may be
retained by counties by twenty-five cents (.25), from $.75 to $1.00.

Section 2 would add a new subdivision 1-a to  §57.35  to  the  Arts  and
Cultural Affairs Law to authorize the Commissioner of Education to award
formula  grants  for  local government records management improvement to
county clerks and in New York City, to the New York  register  or  other
officer  or agency having custody of real property records and any offi-
cer or agency having custody of Supreme Court  records.  The  amount  of
each grant award shall equal the product of seventy-five cents (.75) and
the  number  of  transactions  on  which  a surcharge was imposed by the
public officer or agency applying for a grant in the prior calendar year
for deposit to LGRMIF as set forth in §§8018 and 8021 of Civil  Practice
Law  and Rules, and §7-604 of the Administrative Code of the City of New
York.

Sections 3 and 5 would make technical amendments  to  subdivision  3  of
§57.35 of the Arts and Cultural Affairs Law and subdivision 2 of §97-zzz
of  the  State Finance Law to correct cross-references to paragraph 3 of

subdivision a of §8018 of  the  Civil  Practice  Law  and  Rules,  which
contains the Cultural Education Account and LGRMIF fees.

Section 4 would amend subdivision a of §7-604 of the Administrative Code
of  the  City  of  New  York to similarly increase the LGRMIF and the CE
Account fees charged in the City of New York by $2.50 and $7.50  respec-
tively,  and  to increase the amount to be retained by the City from the
CE Account fee to $1.00.

Section 7 is the effective date.

Statement in Support of the Bill:  In 2002, Chapter 83 of  the  Laws  of
2002  amended  §§8018  and  8021 of the Civil Practice Law and Rules and
§§7-604 and 7-614 of the Administrative Code of the City  of  New  York,
and  added §97-zzz to the State Finance Law, to establish the CE Account
and authorize the imposition of a $15.00 surcharge by county  clerks  on
the  filing  and recording of various instruments to be deposited in the
Cultural Education Account. The funds deposited in the  Cultural  Educa-
tion  Account were made available to support the administrative costs of
the State Education Department's Office of Cultural Education previously
supported by appropriations from the  State's  general  fund.    The  CE
Account  provides a major share of the operational funding for the State
Museum, State Archives, State Library, and Office of Public Broadcasting
and Educational Television. The fund also provides annual support of  $1
Million  to  the  General  Fund; $1 Million to the Summer School for the
Arts program; up to $650,000 for the Empire State Performing Arts Center
programs; and up to an approximate $3.272 Million  for  New  York  State
Theater Institute programs.

As  a result of this shift from funding through the State's general fund
to funding through fees collected by county clerks, the continued  func-
tioning of the State Education Department's Office of Cultural Education
became  dependent upon the availability of sufficient revenues generated
by the fee surcharges to  support  operations.  Presently,  the  account
balance  of the Cultural Education Account is fully depleted as a result
of severe declines in revenue and annual and special transfers of  funds
to  support other state purposes. The annual fee revenue has declined by
more than 38% from the historically highest levels in  the  years  imme-
diately  following  establishment  of  the  CE  Account.  Because of the
current economic downturn, which is expected to  reduce  the  number  of
real  estate  transactions  and  other  transactions that generate these
fees, we anticipate that this decline in revenues will continue  in  the
next few years. It is anticipated that an annual deficit of approximate-
ly  $15  Million  in  2009-2010  will  likely  result in a negative cash
balance of more than $20 Million by the end of next fiscal year.  There-
fore, it is crucial to the existence of this Account and  the  continued
funding  it  provides  to our State Museum, Library and Office of Public
Broadcasting and Educational Television to increase the surcharge.  This
bill  would provide for a $7.50 increase in the surcharge payable to the
Cultural Education Account for the recording of an  instrument  relating
to  real  property and any instrument required by statue to be recorded,
in order to eliminate the projected  deficit  and  provide  the  funding

needed  to  support the Office of Cultural Education and its many impor-
tant functions. The bill would also authorize county clerks to retain an
additional twenty-five cents per transaction to defray  their  costs  in
collecting this additional surcharge.

In  1989,  the  Local  Government  Records  Management  Improvement Fund
(LGRMIF) was created to (1)  support  grants  to  local  governments  to
improve  records  and  local  archives  administration,  (2) establish a
regionally-based program of technical assistance and  advisory  services
to  local  governments for records management, and (3) support the State
Archives administration and oversight of these  programs  (amounting  to
56%  of  the  operational  funding for the State Archives), The LGRMIF's
generates its revenue from the county  clerks'  imposition  of  a  $5.00
surcharge  on  the  recording,  entering,  indexing,  and endorsing of a
certificate of any instrument relating to real property in  such  county
and required by statute to be recorded in such county clerk's office and
on  the  assignment of an index number on an action pending in a Supreme
or County Court of  such  county.  The  $5.00  surcharge  has  not  been
increased since 1989.

Since  the LGRMIF imposes a fee on the recording of instruments required
to be recorded by statute  and  relating  to  real  property,  its  cash
balance  primarily  depends  on  the  housing market and fluctuates with
state and national economic conditions of such market.   Currently,  the
housing  market  is depressed. The LGRMIF's revenue has decreased and is
anticipated to  continue  to  diminish.  While  the  surcharge  has  not
increased  since  1989,  the  average project costs for local government
records management projects has increased by 65% since 2004, due to  the
need  to transition to more complex and costly electronic record-keeping
systems.

The current fees do not provide sufficient funding to meet the demand by
local  governments  for  local  government  records  management  grants.
Requests  for  grant  funding  have increased by 104% since 2004, and in
2008, only 40% of the requests for grants could be funded. At  the  same
time,  the  operational costs of the program have been increasing.  This
bill would provide for a fee increase of $2.50 on the fee charged by the
county clerk's office for the recording of  an  instrument  relating  to
real  property  and  any instrument required by statue to be recorded in
such clerk's office, which would be used  to  stabilize  the  LGRMIF  by
providing  sufficient  funding  to  support  existing  local  government
records management activities, which benefit all local governments. This
bill would also authorize the Commissioner of Education to use a portion
of this fee increase for formula grants  to  county  clerks  to  support
their  local  government  records management activities. The new formula
grants would generate funds on a per transaction basis and  help  assure
that county clerk records are preserved for the benefit of the public.

Budgetary Implications of the Bill:  This bill will not impose any addi-
tional  costs  on  the  State. We estimate that this bill would generate
approximately $12 to $14 Million annually in additional revenues for the
Cultural Education Account and approximately $4 to $5  Million  for  the

LGRMIF.  This  bill  is necessary for the continued funding of our State
Museum, Archives, Library and Office of Public Broadcasting  and  Educa-
tional  Television  and  other  essential  functions  of  the  Office of
Cultural  Education, The CE Account's annual revenue has declined to the
point that for the first time in 2008-2009, it will  be  less  than  the
cost  of  operation  of  Cultural  Education's programs alone, excluding
transfers of funds. An annual operating deficit of almost  $7.5  Million
is  projected  for  Office  of Cultural Education programs in the fiscal
year 2008-2009. The current cash balance of  such  account  is  negative
$5.3  Million when outstanding and projected obligations are considered.
By the close of 2009-2010, the deficit in the cash balance will be  more
than  $20 Million, barring any significant changes in the economy. Simi-
larly, the LGRMIF is on a steady decline and projected  to  continue  to
decrease in revenue.

Prior Legislative History:  This is a new bill.

Effective Date:  The bill would take effect immediately.

2009-A6783A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6783--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL, BING, ROSENTHAL, PAULIN --
  Multi-Sponsored by -- M. of A. McENENY, WEISENBERG -- (at  request  of
  the  State  Education  Department)  --  read  once and referred to the
  Committee on Tourism, Arts and  Sports  Development  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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:

  Section  1.  Subparagraph  b  of  paragraph  4  of subdivision (a) and
subparagraph b of paragraph 11 of subdivision (b) of section 8021 of the
civil practice law and rules, subparagraph b of paragraph 4 of  subdivi-
sion  (a) as amended by section 2 of part B of chapter 83 of the laws of
2002 and subparagraph b of paragraph 11 of subdivision (b) as amended by
section 3 of part B of chapter 83 of the laws of 2002,  are  amended  to
read as follows:
  b.  For  recording,  entering, indexing and endorsing a certificate on
any instrument, an additional fee of  [five]  SEVEN  dollars  AND  FIFTY
CENTS  to be paid monthly by county clerks to the commissioner of educa-
tion, after deducting twenty-five cents, for deposit into the  New  York
state  local government records management improvement fund and an addi-
tional [fifteen] TWENTY-TWO dollars AND  FIFTY  CENTS,  after  deducting
[seventy-five  cents]  ONE DOLLAR, for deposit to the cultural education
account.
  b. For recording any instrument required by statute to be recorded, an
additional fee of [five] SEVEN dollars AND FIFTY CENTS to be paid month-
ly by county clerks to the commissioner of  education,  after  deducting

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08124-04-9

A. 6783--A                          2

twenty-five  cents, for deposit into the New York state local government
records management improvement fund and an additional [fifteen]  TWENTY-
TWO  dollars  AND  FIFTY CENTS, after deducting [seventy-five cents] ONE
DOLLAR, for deposit to the cultural education account.
  S  2. Section 57.35 of the arts and cultural affairs law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. IN ADDITION TO THE GRANTS AUTHORIZED PURSUANT TO SUBDIVISION  ONE
OF  THIS  SECTION,  IN EACH STATE FISCAL YEAR THE COMMISSIONER OF EDUCA-
TION, SUBJECT TO AN APPROPRIATION FOR SUCH PURPOSE, SHALL BE  AUTHORIZED
TO  AWARD  FORMULA GRANTS FOR RECORDS MANAGEMENT IMPROVEMENT PURSUANT TO
THIS SUBDIVISION TO COUNTY CLERKS AND, IN THE CITY OF NEW YORK,  TO  THE
NEW  YORK  REGISTER  OR  OTHER  OFFICER OR AGENCY HAVING CUSTODY OF REAL
PROPERTY RECORDS AND ANY OFFICER OR AGENCY  HAVING  CUSTODY  OF  SUPREME
COURT RECORDS. THE AMOUNT OF EACH GRANT AWARD SHALL EQUAL THE PRODUCT OF
SEVENTY-FIVE  CENTS  AND THE NUMBER OF TRANSACTIONS ON WHICH A SURCHARGE
WAS IMPOSED BY THE PUBLIC OFFICER OR AGENCY APPLYING FOR A GRANT IN  THE
PRIOR  CALENDAR  YEAR FOR DEPOSIT TO THE NEW YORK STATE LOCAL GOVERNMENT
RECORDS MANAGEMENT IMPROVEMENT  FUND  PURSUANT  TO  PARAGRAPH  THREE  OF
SUBDIVISION  (A)  OF  SECTION EIGHT THOUSAND EIGHTEEN, SUBPARAGRAPH B OF
PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHT  THOUSAND  TWENTY-ONE
AND  SUBPARAGRAPH  B  OF  PARAGRAPH ELEVEN OF SUBDIVISION (B) OF SECTION
EIGHT THOUSAND TWENTY-ONE OF THE  CIVIL  PRACTICE  LAW  AND  RULES,  AND
SUBDIVISION A OF SECTION 7-604 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
  S  3.  Subdivision 3 of section 57.35 of the arts and cultural affairs
law, as added by chapter 78 of the laws of 1989, is amended to  read  as
follows:
  3.  All  monies  received  by  the commissioner of education under the
provisions of [the third undesignated] paragraph  THREE  of  subdivision
(a) of section eight thousand eighteen, subparagraph b of paragraph four
of subdivision (a) of section eight thousand twenty-one and subparagraph
b of paragraph eleven of subdivision (b) of section eight thousand twen-
ty-one of the civil practice law and rules, and subdivision a of section
7-604  of  the  administrative  code  of  the city of New York, shall be
deposited by the commissioner of education to the credit of the New York
state local government records management improvement  fund  established
pursuant to section ninety-seven-i of the state finance law by the tenth
day of the month following receipt of such monies.
  S  4. Subdivision a of section 7-604 of the administrative code of the
city of New York, as amended by section 4 of part B of chapter 83 of the
laws of 2002, is amended to read as follows:
  a. The register shall be paid a salary to be fixed by the  mayor.  All
fees  shall  be  the property of the city. All sums so received shall be
paid to the commissioner  of  finance  monthly  without  deduction.  The
FOLLOWING  additional  [fee  of  twenty  dollars] FEES for recording any
instrument required by New York state statute to be recorded pursuant to
subdivision one of section 7-614 of this code shall be [used as follows]
COLLECTED:  [five] SEVEN dollars AND FIFTY CENTS  paid  monthly  by  the
commissioner of finance to the New York state commissioner of education,
after  deducting  twenty-five cents, for deposit into the New York state
local government records management improvement fund and [fifteen] TWEN-
TY-TWO dollars AND FIFTY CENTS, after deducting [seventy-five cents] ONE
DOLLAR, for deposit to the cultural education account.
  S 5. Subdivision 2 of section 97-zzz of  the  state  finance  law,  as
added  by  section  3-a  of part B of chapter 83 of the laws of 2002, is
amended to read as follows:

A. 6783--A                          3

  2. The comptroller is authorized and directed to receive  for  deposit
to  the credit of the cultural education account revenues designated for
such deposit by law including those derived from the  surcharge  author-
ized  by  [the third undesignated] paragraph THREE of subdivision (a) of
section eight thousand eighteen of the civil practice and law and rules,
subparagraph  b  of  paragraph  four of subdivision (a) of section eight
thousand twenty-one of such law, subparagraph b of paragraph  eleven  of
subdivision  (b) of section eight thousand twenty-one of such law, [and]
subdivision a of section 7-604[,] AND subdivision 1 of section 7-614  of
the administrative code of the city of New York.
  S 6. This act shall take effect immediately.

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2009-A6783B (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §8021, CPLR; amd §57.35, Arts & Cul L; amd §7-604, NYC Ad Cd; amd §97-zzz, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4187
2013-2014: A4756
2015-2016: A6295

2009-A6783B (ACTIVE) - Summary

Relates to stabilizing the cultural education account and the local government records management improvement fund.

2009-A6783B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6783--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, SCHIMEL, BING, ROSENTHAL, PAULIN,
  JAFFEE, STIRPE, PERRY -- Multi-Sponsored by -- M. of A. McENENY, WEIS-
  ENBERG -- (at request of the State Education Department) -- read  once
  and  referred to the Committee on Tourism, Arts and Sports Development
  -- reported and referred to the Committee on Ways and Means -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said committee -- recommitted to the Committee on Tourism,
  Parks, Arts and Sports Development in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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:

  Section  1.  Subparagraph  b  of  paragraph  4  of subdivision (a) and
subparagraph b of paragraph 11 of subdivision (b) of section 8021 of the
civil practice law and rules, subparagraph b of paragraph 4 of  subdivi-
sion  (a) as amended by section 2 of part B of chapter 83 of the laws of
2002 and subparagraph b of paragraph 11 of subdivision (b) as amended by
section 3 of part B of chapter 83 of the laws of 2002,  are  amended  to
read as follows:
  b.  For  recording,  entering, indexing and endorsing a certificate on
any instrument, an additional fee of  [five]  SEVEN  dollars  AND  FIFTY
CENTS  to be paid monthly by county clerks to the commissioner of educa-
tion, after deducting twenty-five cents, for deposit into the  New  York
state  local government records management improvement fund and an addi-
tional [fifteen] TWENTY-TWO dollars AND  FIFTY  CENTS,  after  deducting
[seventy-five  cents]  ONE DOLLAR, for deposit to the cultural education
account.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08124-05-0

A. 6783--B                          2

  b. For recording any instrument required by statute to be recorded, an
additional fee of [five] SEVEN dollars AND FIFTY CENTS to be paid month-
ly by county clerks to the commissioner of  education,  after  deducting
twenty-five  cents, for deposit into the New York state local government
records  management improvement fund and an additional [fifteen] TWENTY-
TWO dollars AND FIFTY CENTS, after deducting  [seventy-five  cents]  ONE
DOLLAR, for deposit to the cultural education account.
  S  2. Section 57.35 of the arts and cultural affairs law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. IN ADDITION TO THE GRANTS AUTHORIZED PURSUANT TO SUBDIVISION  ONE
OF  THIS  SECTION,  IN EACH STATE FISCAL YEAR THE COMMISSIONER OF EDUCA-
TION, SUBJECT TO AN APPROPRIATION FOR SUCH PURPOSE, SHALL BE  AUTHORIZED
TO  AWARD  FORMULA GRANTS FOR RECORDS MANAGEMENT IMPROVEMENT PURSUANT TO
THIS SUBDIVISION TO COUNTY CLERKS AND, IN THE CITY OF NEW YORK,  TO  THE
NEW  YORK  REGISTER  OR  OTHER  OFFICER OR AGENCY HAVING CUSTODY OF REAL
PROPERTY RECORDS AND ANY OFFICER OR AGENCY  HAVING  CUSTODY  OF  SUPREME
COURT RECORDS. THE AMOUNT OF EACH GRANT AWARD SHALL EQUAL THE PRODUCT OF
SEVENTY-FIVE  CENTS  AND THE NUMBER OF TRANSACTIONS ON WHICH A SURCHARGE
WAS IMPOSED BY THE PUBLIC OFFICER OR AGENCY APPLYING FOR A GRANT IN  THE
PRIOR  CALENDAR  YEAR FOR DEPOSIT TO THE NEW YORK STATE LOCAL GOVERNMENT
RECORDS MANAGEMENT IMPROVEMENT  FUND  PURSUANT  TO  PARAGRAPH  THREE  OF
SUBDIVISION  (A)  OF  SECTION EIGHT THOUSAND EIGHTEEN, SUBPARAGRAPH B OF
PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHT  THOUSAND  TWENTY-ONE
AND  SUBPARAGRAPH  B  OF  PARAGRAPH ELEVEN OF SUBDIVISION (B) OF SECTION
EIGHT THOUSAND TWENTY-ONE OF THE  CIVIL  PRACTICE  LAW  AND  RULES,  AND
SUBDIVISION A OF SECTION 7-604 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
  S  3.  Subdivision 3 of section 57.35 of the arts and cultural affairs
law, as added by chapter 78 of the laws of 1989, is amended to  read  as
follows:
  3.  All  monies  received  by  the commissioner of education under the
provisions of [the third undesignated] paragraph  THREE  of  subdivision
(a) of section eight thousand eighteen, subparagraph b of paragraph four
of subdivision (a) of section eight thousand twenty-one and subparagraph
b of paragraph eleven of subdivision (b) of section eight thousand twen-
ty-one of the civil practice law and rules, and subdivision a of section
7-604  of  the  administrative  code  of  the city of New York, shall be
deposited by the commissioner of education to the credit of the New York
state local government records management improvement  fund  established
pursuant to section ninety-seven-i of the state finance law by the tenth
day of the month following receipt of such monies.
  S  4. Subdivision a of section 7-604 of the administrative code of the
city of New York, as amended by section 4 of part B of chapter 83 of the
laws of 2002, is amended to read as follows:
  a. The register shall be paid a salary to be fixed by the  mayor.  All
fees  shall  be  the property of the city. All sums so received shall be
paid to the commissioner  of  finance  monthly  without  deduction.  The
FOLLOWING  additional  [fee  of  twenty  dollars] FEES for recording any
instrument required by New York state statute to be recorded pursuant to
subdivision one of section 7-614 of this code shall be [used as follows]
COLLECTED:  [five] SEVEN dollars AND FIFTY CENTS  paid  monthly  by  the
commissioner of finance to the New York state commissioner of education,
after  deducting  twenty-five cents, for deposit into the New York state
local government records management improvement fund and [fifteen] TWEN-
TY-TWO dollars AND FIFTY CENTS, after deducting [seventy-five cents] ONE
DOLLAR, for deposit to the cultural education account.

A. 6783--B                          3

  S 5. Subdivision 2 of section 97-zzz of  the  state  finance  law,  as
added  by  section  3-a  of part B of chapter 83 of the laws of 2002, is
amended to read as follows:
  2.  The  comptroller is authorized and directed to receive for deposit
to the credit of the cultural education account revenues designated  for
such  deposit  by law including those derived from the surcharge author-
ized by [the third undesignated] paragraph THREE of subdivision  (a)  of
section eight thousand eighteen of the civil practice and law and rules,
subparagraph  b  of  paragraph  four of subdivision (a) of section eight
thousand twenty-one of such law, subparagraph b of paragraph  eleven  of
subdivision  (b) of section eight thousand twenty-one of such law, [and]
subdivision a of section 7-604[,] AND subdivision 1 of section 7-614  of
the administrative code of the city of New York.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Assembly Bill A6783

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A6783 - Details

2009-A6783 - Summary

2009-A6783 - Bill Text download pdf

co-Sponsors

Michelle Schimel

Jonathan Bing

Linda Rosenthal

Amy Paulin

multi-Sponsors

John McEneny

Harvey Weisenberg

2009-A6783A - Details

2009-A6783A - Summary

2009-A6783A - Sponsor Memo

2009-A6783A - Bill Text download pdf

co-Sponsors

Michelle Schimel

Jonathan Bing

Linda Rosenthal

Amy Paulin

multi-Sponsors

Donna Lupardo

John McEneny

Audrey Pheffer

Robert Sweeney

2009-A6783B (ACTIVE) - Details

2009-A6783B (ACTIVE) - Summary

2009-A6783B (ACTIVE) - Bill Text download pdf

Comments