Senate Bill S6050A

                                 BILL NUMBER:  S6050A

 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

 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.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends § 205(3) of the Vehicle and 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 12.7 percent of the
retention of gross receipts.

Section 2 is the effective date.

 EXISTING LAW :  Article 2 of the Vehicle and Traffic Law (VTL)
governs the Department of Motor Vehicles and the obligations of the
Department's Commissioner. Section 205 of the VTL designates county
              

clerks as agents of the commissioner and includes provisions of law
relating to their authority, responsibilities, and fees.

Subsection 1 of § 205 of the VTL provide, each county clerk, except
the counties of Rockland, Albany, Westchester, Suffolk, Nassau,
Onondaga, Bronx, Kings, Queens, Richmond, and New York, shall act as
the agent of the commissioner in the registration of motor vehicles,
motorcycles, and when directed by the commissioner, snowmobiles,
vessels and all terrain vehicles, and in the issuance of certificates
thereof and number plates therefor, in receiving documents relating to
certificates of titles, and unless and until the commissioner shall
otherwise direct in any county, in the issuance of non-driver
identification cards and drivers' license upon the certification of
inspectors, and motor vehicle enforcement transactions. Each such
agent all remit to the commissioner all fees collected by him for
registrations, licenses, identification cards and transfers or
relating to certificates of titles, except as hereinafter provided,
together with a compete record of such registrations, identifications
cards and licenses issues and transfers made, in accordance with the
procedure prescribed by the commissioner, and with all documents
relating to certificates of titles received and such record thereof as
the commissioner prescribes.

Subsection 3 of § 205 of the VTL provides, each county clerk, except
the counties of Rockland, Albany, Westchester, Suffolk, Nassau,
Onondaga, Bronx, Kings, Queens, Richmond, and New York, shall retain
from fees collected for any motor vehicle related service described in
subsection one of this section processed by such county clerk an
amount based on a percentage of gross receipts collected. The term
gross receipts shall include all fines, fees and penalties collect
pursuant to this chapter by a county clerk acting as agent of the
commissioner, but shall not include any state or local sales or
compensating use taxes imposed under or pursuant to the authority of
Articles 28 and 29 of the Tax Law and collected by such clerk on
behalf of the commissioner of Taxation and Finance. The retention
percentage shall be 12.7%.

Subsection 3-a of 3 of § 205 of the VTL relates to the fees retained
by the county collected by the commissioner through "enhanced internet
and electronic partner revenue." Enhanced internet and electronic
partner revenue shall mean the amount of gross receipts of each county
and by designated partners of the department of behalf of the
residents for the current calendar year that exceed the amount of such
revenue collected by the commissioner during the 2011 calendar year.
The commissioner shall certify the amounts to be retained by each
county clerk pursuant to this subdivision.

 JUSTIFICATION :  The increasing use of the DMV website by residents
to renew registrations and complete other services has decreased the
amount of fees paid directly at local DMV offices in counties
throughout the state. Nonetheless, counties still must support these
offices financially. In order to eliminate this increasingly unfunded
mandate, counties should receive the same 12.7% of gross receipts of
services rendered at the DMV website as they would if residents were
using the local DMV office, rather than a percentage determined by the
Commissioner.

This bill directs DMV to remit the 12.7% of processing fees to
respective counties from transactions through the DMV website,
according to the county of residence of the applicant or registrant.

 LEGISLATIVE HISTORY : 2015: Rules Committee

 FISCAL IMPLICATIONS : To be determined.

 EFFECTIVE DATE : This act shall take effect April 1, 2017; 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.