NY State Senate Bill 2009-S7338

Senate Bill S7338

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 Senate Committee Transportation 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
Mar 30, 2010	referred to transportation

co-Sponsors

2009-S7338 (ACTIVE) - Details

See Assembly Version of this Bill:: A9919
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §205, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S516, A3368

2009-S7338 (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-S7338 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7338

 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 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.

 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
processing-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
respective 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-S7338 (ACTIVE) - Bill Text download pdf

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

                                  7338

                            I N  S E N A T E

                             March 30, 2010
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  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

S. 7338                             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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Senate Bill S7338

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Sponsored By

George D. Maziarz