S T A T E O F N E W Y O R K
________________________________________________________________________
3368--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. RUSSELL, GUNTHER, JAFFEE, CASTRO, MAGEE, GABRYS-
ZAK -- Multi-Sponsored by -- M. of A. AMEDORE, BARCLAY, CALHOUN,
CROUCH, FINCH, GIGLIO, HAWLEY, HOOPER, KOLB, LIFTON, P. LOPEZ, LUPAR-
DO, MONTESANO, OAKS, REILICH, SAYWARD, SCHIMMINGER -- read once and
referred to the Committee on Governmental Employees -- reference
changed to the Committee on Transportation -- recommitted to the
Committee on Transportation 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01048-03-2
A. 3368--A 2
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
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, 2013; 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.