Senate Bill S516A

2011-2012 Legislative Session

Authorizes county clerks to retain a portion of fees collected for motor vehicle related services

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2012	print number 516a
Jan 13, 2012	amend and recommit to transportation
Jan 04, 2012	referred to transportation
Jan 05, 2011	referred to transportation

Bill Amendments

co-Sponsors

2011-S516 - Details

See Assembly Version of this Bill:: A3368
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §205, V & T L
Versions Introduced in 2009-2010 Legislative Session:: S7338, A9919

2011-S516 - 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.

2011-S516 - Sponsor Memo

                                BILL NUMBER:S516

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:
S.7338/A.9919 of 2009/2010; Referred to Transportation

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:


This act shall take effect April 1, 2012; 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.

2011-S516 - Bill Text download pdf

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

                                   516

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ,  RANZENHOFER,  SEWARD  -- 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.

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

                                                           LBD01048-01-1

S. 516                              2

  (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, 2012; 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.

co-Sponsors

2011-S516A (ACTIVE) - Details

See Assembly Version of this Bill:: A3368
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §205, V & T L
Versions Introduced in 2009-2010 Legislative Session:: S7338, A9919

2011-S516A (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.

2011-S516A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S516A

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:
S.7338/A.9919 of 2009/2010; Referred to Transportation

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
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 effective date are authorized and directed to be made and
completed on or before such effective date.

2011-S516A (ACTIVE) - Bill Text download pdf

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

                                 516--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. MAZIARZ, LARKIN, RANZENHOFER, SEWARD -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Transportation -- recommitted to the Committee on Transportation in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

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

                                                           LBD01048-02-2

S. 516--A                           2

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.

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Senate Bill S516A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

co-Sponsors

2011-S516 - Details

2011-S516 - Summary

2011-S516 - Sponsor Memo

2011-S516 - Bill Text download pdf

co-Sponsors

2011-S516A (ACTIVE) - Details

2011-S516A (ACTIVE) - Summary

2011-S516A (ACTIVE) - Sponsor Memo

2011-S516A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S516A

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

co-Sponsors

William Larkin

Michael H. Ranzenhofer

James L. Seward

2011-S516 - Details

2011-S516 - Summary

2011-S516 - Sponsor Memo

2011-S516 - Bill Text download pdf

co-Sponsors

William Larkin

Michael H. Ranzenhofer

James L. Seward

2011-S516A (ACTIVE) - Details

2011-S516A (ACTIVE) - Summary

2011-S516A (ACTIVE) - Sponsor Memo

2011-S516A (ACTIVE) - Bill Text download pdf

Comments