S T A T E O F N E W Y O R K
________________________________________________________________________
3640
2009-2010 Regular Sessions
I N S E N A T E
March 25, 2009
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Introduced by Sens. OPPENHEIMER, SERRANO, SCHNEIDERMAN -- (at request of
the State Education Department) -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
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
S. 3640 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
S. 3640 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.
