NY State Assembly Bill 2009-A9919

Assembly Bill A9919

2009-2010 Legislative Session

Authorizes county clerks to retain a portion of fees collected for motor vehicle related services through a department of motor vehicles' website or processing center

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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
Feb 11, 2010	referred to governmental employees

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multi-Sponsors

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2009-A9919 (ACTIVE) - Details

See Senate Version of this Bill:: S7338
Current Committee:: Assembly Governmental Employees
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §205, V & T L
Versions Introduced in 2011-2012 Legislative Session:: A3368, S516

2009-A9919 (ACTIVE) - Summary

Authorizes county clerks to retain a portion of fees collected for motor vehicle related services through a department of motor vehicles' website or the Utica processing center.

2009-A9919 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9919

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to  allowing  county  clerks  to retain fees collected for motor vehicle
related services through a department  of  motor  vehicles'  website  or
processing center

PURPOSE  OR GENERAL IDEA OF BILL:  An act to amend the vehicle and traf-
fic law, in relation to allowing county clerks to retain fees  collected
for  motor  vehicle related services through a department of motor vehi-
cles' website or processing center.

SUMMARY OF SPECIFIC PROVISIONS:   Section one amends  subdivision  3  of
section  205  of the vehicle traffic law by adding that the commissioner
shall remit on a quarterly basis to each such  county  clerk  from  fees
collected for any motor vehicle related service described in subdivision
one  of  this section that are processed through the department of motor
vehicles' website or the department of motor vehicles' Utica  processing
center 12.7 percent of the retention of gross receipts.

Section two sets the effective date.

JUSTIFICATION:  The current mailings sent to residents for renewals fail
to  mention that the transactions can be processed in local DMV offices,
where the Counties would receive 12.7% of every  transaction,  residents
then  don't  realize  that  by dealing with the DMV electronically or by

mail is causing their county to lose revenue-.

Since the State opened the state Department of Motor  Vehicles  process-
ing-center in Utica, counties have been excluded from receiving 12.7% of
various  motor  vehicle fees, including registration fees. Counties have
lost millions of dollars in revenue  and  have  launched  campaigns  and
websites  to alert residents to bypass the state processing center, even
asking them to scratch off the processing center address and remit their
registrations to their respective county. In addition, counties are  not
receiving  the  12.7%  of  processing  fees  from transactions completed
through the DMV website.

This bill directs DMV to remit the 12.7% of processing fees  to  respec-
tive  counties  from  transactions mailed to the state processing center
and through the DMV website, according to the county of residence of the
applicant or registrant.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect  April  1,  2011;  provided,
however,  that  effective  immediately,  the  addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on  its effective date are authorized and directed to be made
and completed on or before such effective date.

2009-A9919 (ACTIVE) - Bill Text download pdf

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

                                  9919

                          I N  A S S E M B L Y

                            February 11, 2010
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT to amend the vehicle and traffic law,  in  relation  to  allowing
  county  clerks  to  retain  fees  collected  for motor vehicle related
  services through a department of motor vehicles' website or processing
  center

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

  Section  1.  Subdivision  3  of section 205 of the vehicle and traffic
law, as amended by section 3 of part G of chapter  59  of  the  laws  of
2008, is amended to read as follows:
  3. (A) Each such county clerk shall retain from fees collected for any
motor  vehicle  related  service  described  in  subdivision one of this
section processed by such county clerk an amount based on  a  percentage
of  gross  receipts  collected.  For  purposes of this section, the term
"gross receipts" shall include all fines, fees and  penalties  collected
pursuant  to  this  chapter  by  a  county  clerk acting as agent of the
commissioner OR DEPARTMENT OF MOTOR VEHICLES' WEBSITE OR  DEPARTMENT  OF
MOTOR VEHICLES' UTICA PROCESSING CENTER, but shall not include any state
or  local  sales  or compensating use taxes imposed under or pursuant to
the authority of articles twenty-eight and twenty-nine of  the  tax  law
and  collected by such clerk OR DEPARTMENT OF MOTOR VEHICLES' WEBSITE OR
DEPARTMENT OF MOTOR VEHICLES' UTICA PROCESSING CENTER on behalf  of  the
commissioner  of taxation and finance. The retention percentage shall be
12.7 percent and shall take effect April first, nineteen  hundred  nine-
ty-nine;  provided,  however,  the  retention percentage shall be thirty
percent of the thirty dollar fee established in paragraph (e) of  subdi-
vision  two  of  section  four  hundred ninety-one and paragraph [f-one]
(F-1) of subdivision two of section five hundred three of this chapter.
  (B) THE COMMISSIONER SHALL REMIT ON A QUARTERLY  BASIS  TO  EACH  SUCH
COUNTY  CLERK  FROM FEES COLLECTED FOR ANY MOTOR VEHICLE RELATED SERVICE
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION THAT ARE PROCESSED  THROUGH
THE  DEPARTMENT  OF MOTOR VEHICLES' WEBSITE OR DEPARTMENT OF MOTOR VEHI-
CLES' UTICA PROCESSING CENTER THE RETENTION PERCENTAGE OF GROSS RECEIPTS

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

                                                           LBD15491-03-0

A. 9919                             2

COLLECTED, AS SUCH RETENTION PERCENTAGE IS DESCRIBED IN PARAGRAPH (A) OF
THIS SUBDIVISION WHICH SUCH COUNTY CLERK WOULD  HAVE  BEEN  ENTITLED  TO
RETAIN  PURSUANT  TO THIS SUBDIVISION IF SUCH FEES HAD BEEN PROCESSED IN
THE COUNTY OF RECORD OF THE REGISTRANT.
  S 2. This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

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Assembly Bill A9919

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Sponsored By

RUSSELL

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Timothy P. Gordon

Mark J.F. Schroeder

Francine DelMonte

Ginny Fields

multi-Sponsors

George Amedore

James Bacalles

William A. Barclay

Nancy Calhoun

2009-A9919 (ACTIVE) - Details

2009-A9919 (ACTIVE) - Summary

2009-A9919 (ACTIVE) - Sponsor Memo

2009-A9919 (ACTIVE) - Bill Text download pdf

Comments