S T A T E   O F   N E W   Y O R K
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                                  4756

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL, ROSENTHAL, PAULIN, JAFFEE,
  PERRY -- Multi-Sponsored by -- M. of A. LUPARDO,  SWEENEY,  WEISENBERG
  -- read once and referred to the Committee on Tourism, Parks, Arts and
  Sports Development

AN  ACT to amend the civil practice law and rules, the arts and cultural
  affairs law, the administrative code of the city of New York  and  the
  state  finance  law, in relation to stabilizing the cultural education
  account and the local government records management improvement fund

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

  Section  1.  Subparagraph  b  of  paragraph  4  of subdivision (a) and
subparagraph b of paragraph 11 of subdivision (b) of section 8021 of the
civil practice law and rules, subparagraph b of paragraph 4 of  subdivi-
sion  (a) as amended by section 2 of part B of chapter 83 of the laws of
2002 and subparagraph b of paragraph 11 of subdivision (b) as amended by
section 3 of part B of chapter 83 of the laws of 2002,  are  amended  to
read as follows:
  b.  For  recording,  entering, indexing and endorsing a certificate on
any instrument, an additional fee of  [five]  SEVEN  dollars  AND  FIFTY
CENTS  to be paid monthly by county clerks to the commissioner of educa-
tion, after deducting twenty-five cents, for deposit into the  New  York
state  local government records management improvement fund and an addi-
tional [fifteen] TWENTY-TWO dollars AND  FIFTY  CENTS,  after  deducting
[seventy-five  cents]  ONE DOLLAR, for deposit to the cultural education
account.
  b. For recording any instrument required by statute to be recorded, an
additional fee of [five] SEVEN dollars AND FIFTY CENTS to be paid month-
ly by county clerks to the commissioner of  education,  after  deducting
twenty-five  cents, for deposit into the New York state local government
records management improvement fund and an additional [fifteen]  TWENTY-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08794-01-3

              

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TWO  dollars  AND  FIFTY CENTS, after deducting [seventy-five cents] ONE
DOLLAR, for deposit to the cultural education account.
  S  2. Section 57.35 of the arts and cultural affairs law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. IN ADDITION TO THE GRANTS AUTHORIZED PURSUANT TO SUBDIVISION  ONE
OF  THIS  SECTION,  IN EACH STATE FISCAL YEAR THE COMMISSIONER OF EDUCA-
TION, SUBJECT TO AN APPROPRIATION FOR SUCH PURPOSE, SHALL BE  AUTHORIZED
TO  AWARD  FORMULA GRANTS FOR RECORDS MANAGEMENT IMPROVEMENT PURSUANT TO
THIS SUBDIVISION TO COUNTY CLERKS AND, IN THE CITY OF NEW YORK,  TO  THE
NEW  YORK  REGISTER  OR  OTHER  OFFICER OR AGENCY HAVING CUSTODY OF REAL
PROPERTY RECORDS AND ANY OFFICER OR AGENCY  HAVING  CUSTODY  OF  SUPREME
COURT RECORDS. THE AMOUNT OF EACH GRANT AWARD SHALL EQUAL THE PRODUCT OF
SEVENTY-FIVE  CENTS  AND THE NUMBER OF TRANSACTIONS ON WHICH A SURCHARGE
WAS IMPOSED BY THE PUBLIC OFFICER OR AGENCY APPLYING FOR A GRANT IN  THE
PRIOR  CALENDAR  YEAR FOR DEPOSIT TO THE NEW YORK STATE LOCAL GOVERNMENT
RECORDS MANAGEMENT IMPROVEMENT  FUND  PURSUANT  TO  PARAGRAPH  THREE  OF
SUBDIVISION  (A)  OF  SECTION EIGHT THOUSAND EIGHTEEN, SUBPARAGRAPH B OF
PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHT  THOUSAND  TWENTY-ONE
AND  SUBPARAGRAPH  B  OF  PARAGRAPH ELEVEN OF SUBDIVISION (B) OF SECTION
EIGHT THOUSAND TWENTY-ONE OF THE  CIVIL  PRACTICE  LAW  AND  RULES,  AND
SUBDIVISION A OF SECTION 7-604 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
  S  3.  Subdivision 3 of section 57.35 of the arts and cultural affairs
law, as added by chapter 78 of the laws of 1989, is amended to  read  as
follows:
  3.  All  monies  received  by  the commissioner of education under the
provisions of [the third undesignated] paragraph  THREE  of  subdivision
(a) of section eight thousand eighteen, subparagraph b of paragraph four
of subdivision (a) of section eight thousand twenty-one and subparagraph
b of paragraph eleven of subdivision (b) of section eight thousand twen-
ty-one of the civil practice law and rules, and subdivision a of section
7-604  of  the  administrative  code  of  the city of New York, shall be
deposited by the commissioner of education to the credit of the New York
state local government records management improvement  fund  established
pursuant to section ninety-seven-i of the state finance law by the tenth
day of the month following receipt of such monies.
  S  4. Subdivision a of section 7-604 of the administrative code of the
city of New York, as amended by section 4 of part B of chapter 83 of the
laws of 2002, is amended to read as follows:
  a. The register shall be paid a salary to be fixed by the  mayor.  All
fees  shall  be  the property of the city. All sums so received shall be
paid to the commissioner  of  finance  monthly  without  deduction.  The
FOLLOWING  additional  [fee  of  twenty  dollars] FEES for recording any
instrument required by New York state statute to be recorded pursuant to
subdivision one of section 7-614 of this code shall be [used as follows]
COLLECTED:  [five] SEVEN dollars AND FIFTY CENTS  paid  monthly  by  the
commissioner of finance to the New York state commissioner of education,
after  deducting  twenty-five cents, for deposit into the New York state
local government records management improvement fund and [fifteen] TWEN-
TY-TWO dollars AND FIFTY CENTS, after deducting [seventy-five cents] ONE
DOLLAR, for deposit to the cultural education account.
  S 5. Subdivision 2 of section 97-zzz of  the  state  finance  law,  as
added  by  section  3-a  of part B of chapter 83 of the laws of 2002, is
amended to read as follows:
  2. The comptroller is authorized and directed to receive  for  deposit
to  the credit of the cultural education account revenues designated for

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such deposit by law including those derived from the  surcharge  author-
ized  by  [the third undesignated] paragraph THREE of subdivision (a) of
section eight thousand eighteen of the civil practice and law and rules,
subparagraph  b  of  paragraph  four of subdivision (a) of section eight
thousand twenty-one of such law, subparagraph b of paragraph  eleven  of
subdivision  (b) of section eight thousand twenty-one of such law, [and]
subdivision a of section 7-604[,] AND subdivision 1 of section 7-614  of
the administrative code of the city of New York.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law.