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Assembly Bill A3446

2009-2010 Legislative Session

Authorizes secretary of state and other filing offices to refund fees collected for certain filings

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2009-A3446 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง96-a, Exec L

2009-A3446 (ACTIVE) - Summary

Permits the secretary of state to refund processing fees for services rendered pursuant to the uniform commercial code and provisions of the lien law relating to United States tax liens; requires such fees to be collected unless the documents are not accepted for filing, in which instance the fee shall be returned to the filer.

2009-A3446 (ACTIVE) - Bill Text download pdf 

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

                                  3446

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. EDDINGTON, DESTITO -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to fees and  expenses  of
  the department of state and other filing offices for certain filings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 96-a  of  the  executive  law,  as
amended  by  chapter  309  of  the  laws  of 1996, is amended to read as
follows:
  2. The secretary of state shall determine the type and amount  of  all
fees to be collected by the department of state and other filing offices
for  services  rendered  by  said  department  or office pursuant to the
provisions of the uniform commercial code and article ten-A of the  lien
law. Such fees, referred to as processing fees, shall be [non-refundable
fees]  paid  to the department of state or office at the time that docu-
ments are presented to the department of state or office for filing, and
will be [paid whether or not the] COLLECTED UNLESS  SUCH  documents  are
NOT accepted for filing, IN WHICH CASE SUCH FEE SHALL BE RETURNED TO THE
FILER ALONG WITH THE UNACCEPTED DOCUMENT.  Such fees shall be subject to
the  approval  of the director of the budget and shall be promulgated in
the official rules and regulations of the department of state in accord-
ance with the provisions of  the  state  administrative  procedure  act.
Nothing  contained  in  this subdivision shall preclude the secretary of
state from periodically changing such fees, subject to the  approval  of
the  director of the budget, and from periodically amending the official
rules and regulations of the department of state in accordance with  the
provisions of the state administrative procedure act.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04611-01-9

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