NY State Senate Bill 2015-S4964B

Archive: Last Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to transportation delivered to assembly passed senate
Jun 08, 2016	ordered to third reading cal.1549
Jun 07, 2016	reported and committed to rules
Apr 12, 2016	reported and committed to finance
Feb 22, 2016	print number 4964b
Feb 22, 2016	amend and recommit to transportation
Jan 06, 2016	referred to transportation returned to senate died in assembly
Jun 16, 2015	referred to transportation delivered to assembly passed senate ordered to third reading cal.1667 committee discharged and committed to rules
Jun 10, 2015	print number 4964a
Jun 10, 2015	amend and recommit to transportation
Apr 24, 2015	referred to transportation

Votes

- Jun 14, 2016 - Floor Vote
  S4964B
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (2)
      
      Dilan
      
      Krueger
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 16, 2015 - Floor Vote
  S4964B
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Dilan
  Apr 12, 2016 - Transportation Committee Vote
  S4964B
  
  16
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Apr 12, 2016
      
      aye (16)
      
      Avella
      
      Diaz
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (1)
      
      Dilan
      
      aye wr (1)
      
      Squadron
      
      excused (1)
      
      Nozzolio
  Jun 8, 2016 - Rules Committee Vote
  S4964B
  
  22
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2016
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Dilan
      
      Krueger
      
      excused (1)
      
      Espaillat
  Jun 16, 2015 - Rules Committee Vote
  S4964B
  
  22
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2015
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (1)
      
      Dilan
      
      aye wr (2)
      
      Gianaris
      
      Perkins
  Jun 7, 2016 - Finance Committee Vote
  S4964B
  
  33
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 7, 2016
      
      aye (33)
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Espaillat
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Kaminsky
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (2)
      
      Dilan
      
      Krueger
      
      aye wr (1)
      
      Squadron
      
      excused (1)
      
      Diaz

Bill Amendments

Original

B (Active)

2015-S4964 - Details

See Assembly Version of this Bill:: A8201
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §205, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1908, A3397
2019-2020: S1371
2021-2022: S2710
2023-2024: S5522

2015-S4964 - Summary

Relates to increasing the retention percentage for certain motor vehicle service fees.

2015-S4964 - Sponsor Memo

                                BILL NUMBER:S4964

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to increasing the retention percentage collected for certain
motor vehicle service fees

PURPOSE:

To increase the retention percentage for certain motor vehicle service
fees.

SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law to increase the
percentages of fees collected for any motor vehicle service, pursuant
to statute, retained by the county clerk.

Section 2 provides the effective date.

EXISTING LAW:

Pursuant to § 205(1) of the Vehicle and Traffic Law, the clerk of each
county, 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 title, and unless and until the
commissioner shall otherwise direct in any county, in the issuance of
non-driver identification cards and drivers' licenses upon the
certification of inspectors, and motor vehicle enforcement
transactions. Each such agent shall remit to the commissioner all fees
collected by him for registrations, licenses, identification cards and
transfers or relating to certificates of title, except as hereinafter
provided, together with a complete record of such registrations,
identification cards and licenses issued and transfers made, in
accordance with the procedure prescribed by the commissioner, and with
all documents relating to certificates of title received and such
record thereof as the commissioner prescribes.

Pursuant to § 205(3) of the Vehicle and Traffic Law such county clerks
shall retain 12.7% of the fees collected for any motor vehicle related
service described in subdivision one of this section. The retention
percentage shall be 30% of the $30 fee established for non-driver
identification cards.

JUSTIFICATION:

Fifty-one of the sixty-two counties in New York State are mandated by
the state to operate a local Department of Motor Vehicles (DMV)
Office. This local DMV operation is one of the many examples of shared
services that counties provide for the state.  Local DMV offices
process many no fee transactions on behalf of the State and provide
customer services. However, under the current law, the State of New
York takes 87.3% of all fees collected from the work performed
entirely by the county operated DMV.


In an effort to alleviate that inequity, this legislation increases
the percentages of revenue retained by the county clerk from fees
generated by the administration of motor vehicle services. Increasing
the county DMV revenue sharing rate will not result in any increased
cost or fees to local residents or taxpayers and will provide counties
with the needed revenue to provide these necessary local government
services. It is patently unfair to require a county DMV to provide all
services related to motor vehicles, including overhead and staffing,
in order to fulfill state mandated operations and not share equitably
in the generated revenue.

This bill requires that 25% of the revenue generated from the fees
collected for any motor vehicle related service shall be retained by
the county clerk. Currently county clerks retain just 12.7% of such
fees. Additionally, this bill requires county clerks retain 60% of the
$30 fee established for non-driver identification cards. This is an
increase from the current 30% retention percentage. There is a clear
inequity present when a county DMV provides all of the services to
fulfill the DMV needs for state residents, yet the state takes 87.3%
of the revenue generated from providing these services. This bill
balances that inequity and as such its enactment is imperative.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the 1st of January after it shall have
become a law.

2015-S4964 - Bill Text download pdf

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

                                  4964

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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  increasing
  the  retention  percentage collected for certain motor vehicle service
  fees

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

  Section  1.  Subdivisions  3 and 3-a of section 205 of the vehicle and
traffic law, subdivision 3 as amended by section 3 of part G of  chapter
59 of the laws of 2008 and subdivision 3-a as added by section 1 of part
F of chapter 58 of the laws of 2012, are amended to read as follows:
  3.  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,  but shall not include any state or local sales or compen-
sating 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
on behalf of the commissioner of taxation  and  finance.  The  retention
percentage  shall  be  [12.7]  TWENTY-FIVE percent and shall take effect
April  first,  nineteen  hundred  ninety-nine;  provided,  however,  the
retention  percentage  shall  be  [thirty]  SIXTY  percent of the thirty
dollar fee established in paragraph (e) of subdivision  two  of  section
four  hundred  ninety-one  and  paragraph  f-one  of  subdivision two of
section five hundred three of this chapter.
  3-a. In addition to the fees retained pursuant to subdivision three of
this section, each county clerk acting as the agent of the  commissioner
pursuant  to  subdivision  one of this section shall retain [four] EIGHT
percent of "enhanced internet and electronic partner revenue"  collected

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10317-01-5

S. 4964                             2

by  the  commissioner.  For  the purposes of this subdivision, "enhanced
internet and electronic partner revenue" shall mean the amount of  gross
receipts  attributable  to all transactions conducted on the internet by
residents of such county and by designated partners of the department on
behalf  of such residents for the current calendar year that exceeds the
amount of such revenue collected by  the  commissioner  during  calendar
year  two thousand eleven. The commissioner shall certify the amounts to
be  retained  by  each  county  clerk  pursuant  to  this   subdivision.
[Provided,  however,  that  if  the aggregate amount of fees retained by
county clerks pursuant to this subdivision in calendar years  two  thou-
sand  twelve  and  two  thousand  thirteen combined exceeds eighty-eight
million five hundred thousand dollars, then the percentage of fees to be
retained thereafter shall be reduced to a percentage that, if applied to
the fees collected during calendar years two  thousand  twelve  and  two
thousand   thirteen  combined,  would  have  resulted  in  an  aggregate
retention of eighty-eight million five hundred thousand dollars  or  2.5
percent  of  enhanced internet and electronic partner revenue, whichever
is higher. If the aggregate amount of fees  retained  by  county  clerks
pursuant  to  this subdivision in calendar years two thousand twelve and
two thousand thirteen combined is less than  eighty-eight  million  five
hundred  thousand  dollars,  then  the percentage of fees to be retained
thereafter shall be increased to a percentage that, if  applied  to  the
fees  collected  during calendar years two thousand twelve and two thou-
sand thirteen combined, would have resulted in an aggregate retention of
eighty-eight million five hundred thousand dollars, or  six  percent  of
enhanced  internet and electronic partner revenue, whichever is less. On
and after April first, two thousand sixteen,  the  percent  of  enhanced
internet  and electronic partner revenue to be retained by county clerks
shall be the average of the  annual  percentages  that  were  in  effect
between  April  first,  two  thousand twelve and March thirty-first, two
thousand sixteen.]
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

co-Sponsors

2015-S4964A - Details

See Assembly Version of this Bill:: A8201
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §205, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1908, A3397
2019-2020: S1371
2021-2022: S2710
2023-2024: S5522

2015-S4964A - Summary

Relates to increasing the retention percentage for certain motor vehicle service fees.

2015-S4964A - Sponsor Memo

                                BILL NUMBER:S4964A

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to increasing the retention percentage collected for certain
motor vehicle service fees

PURPOSE:

To increase the retention percentage for certain motor vehicle service
fees.

SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law to increase the
percentages of fees collected for any motor vehicle service, pursuant
to statute, retained by the county clerk.

Section 2 provides the effective date.

EXISTING LAW:

Pursuant to § 205(1) of the Vehicle and Traffic Law, the clerk of each
county, 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 title, and unless and until the
commissioner shall otherwise direct in any county, in the issuance of
non-driver identification cards and drivers' licenses upon the
certification of inspectors, and motor vehicle enforcement
transactions. Each such agent shall remit to the commissioner all fees
collected by him for registrations, licenses, identification cards and
transfers or relating to certificates of title, except as hereinafter
provided, together with a complete record of such registrations,
identification cards and licenses issued and transfers made, in
accordance with the procedure prescribed by the commissioner, and with
all documents relating to certificates of title received and such
record thereof as the commissioner prescribes.

Pursuant to § 205(3) of the Vehicle and Traffic Law such county clerks
shall retain 12.7% of the fees collected for any motor vehicle related
service described in subdivision one of this section  The retention
percentage shall be 30% of the $30 fee established for non-driver
identification cards.

JUSTIFICATION:

Fifty-one of the sixty-two counties in New York State are mandated by
the state to operate a local Department of Motor Vehicles (DMV)
Office. This local DMV operation is one of the many examples of shared
services that counties provide for the state.  Local DMV offices
process many no fee transactions on behalf of the State and provide
customer services. However, under the current law, the State of New
York takes 87.3% of all fees collected from the work performed
entirely by the county operated DMV.


In an effort to alleviate that inequity, this legislation increases
the percentages of revenue retained by the county clerk from fees
generated by the administration of motor vehicle services.  Increasing
the county DMV revenue sharing rate will not result in any increased
cost or fees to local residents or taxpayers and will provide counties
with the needed revenue to provide these necessary local government
services. It is patently unfair to require a county DMV to provide all
services related to motor vehicles, including overhead and staffing,
in order to fulfill state mandated operations and not share equitably
in the generated revenue.

This bill requires that 25% of the revenue generated from the fees
collected for any motor vehicle related service shall be retained by
the county clerk Currently county clerks retain just 12.7% of such
fees. Additionally, this bill requires county clerks retain 60% of the
$30 fee established for non-driver identification cards. This is an
increase from the current 30% retention percentage. There is a clear
inequity present when a county DMV provides all of the services to
fulfill the DMV needs for state residents, yet the state takes 87.3%
of the revenue generated from providing these services. This bill
balances that inequity and as such its enactment is imperative.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the 1st of January after it shall have
become a law.

2015-S4964A - Bill Text download pdf

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

                                 4964--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, in relation  to  increasing
  the  retention  percentage collected for certain motor vehicle service
  fees

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

  Section  1.  Subdivisions  3 and 3-a of section 205 of the vehicle and
traffic law, subdivision 3 as amended by section 3 of part G of  chapter
59 of the laws of 2008 and subdivision 3-a as added by section 1 of part
F of chapter 58 of the laws of 2012, are amended to read as follows:
  3.  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,  but shall not include any state or local sales or compen-
sating 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
on behalf of the commissioner of taxation  and  finance.  The  retention
percentage  shall  be  [12.7]  TWENTY-FIVE percent and shall take effect
[April] JANUARY  first,  [nineteen  hundred  ninety-nine]  TWO  THOUSAND
SIXTEEN;  provided,  however, the retention percentage shall be [thirty]
SIXTY percent of the thirty dollar fee established in paragraph  (e)  of
subdivision  two  of section four hundred ninety-one and paragraph f-one
of subdivision two of section five hundred three of this chapter.
  3-a. In addition to the fees retained pursuant to subdivision three of
this section, each county clerk acting as the agent of the  commissioner

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10317-02-5

S. 4964--A                          2

pursuant  to  subdivision  one of this section shall retain [four] EIGHT
percent of "enhanced internet and electronic partner revenue"  collected
by  the  commissioner.  For  the purposes of this subdivision, "enhanced
internet  and electronic partner revenue" shall mean the amount of gross
receipts attributable to all transactions conducted on the  internet  by
residents of such county and by designated partners of the department on
behalf  of such residents for the current calendar year that exceeds the
amount of such revenue collected by  the  commissioner  during  calendar
year  two thousand eleven. The commissioner shall certify the amounts to
be  retained  by  each  county  clerk  pursuant  to  this   subdivision.
[Provided,  however,  that  if  the aggregate amount of fees retained by
county clerks pursuant to this subdivision in calendar years  two  thou-
sand  twelve  and  two  thousand  thirteen combined exceeds eighty-eight
million five hundred thousand dollars, then the percentage of fees to be
retained thereafter shall be reduced to a percentage that, if applied to
the fees collected during calendar years two  thousand  twelve  and  two
thousand   thirteen  combined,  would  have  resulted  in  an  aggregate
retention of eighty-eight million five hundred thousand dollars  or  2.5
percent  of  enhanced internet and electronic partner revenue, whichever
is higher. If the aggregate amount of fees  retained  by  county  clerks
pursuant  to  this subdivision in calendar years two thousand twelve and
two thousand thirteen combined is less than  eighty-eight  million  five
hundred  thousand  dollars,  then  the percentage of fees to be retained
thereafter shall be increased to a percentage that, if  applied  to  the
fees  collected  during calendar years two thousand twelve and two thou-
sand thirteen combined, would have resulted in an aggregate retention of
eighty-eight million five hundred thousand dollars, or  six  percent  of
enhanced  internet and electronic partner revenue, whichever is less. On
and after April first, two thousand sixteen,  the  percent  of  enhanced
internet  and electronic partner revenue to be retained by county clerks
shall be the average of the  annual  percentages  that  were  in  effect
between  April  first,  two  thousand twelve and March thirty-first, two
thousand sixteen.]
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S4964B (ACTIVE) - Details

See Assembly Version of this Bill:: A8201
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §205, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1908, A3397
2019-2020: S1371
2021-2022: S2710
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2015-S4964B (ACTIVE) - Summary

Relates to increasing the retention percentage for certain motor vehicle service fees.

2015-S4964B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4964B

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to increasing
the retention percentage collected for certain motor vehicle service
fees

 PURPOSE :

To increase the retention percentage for certain motor vehicle service
fees.

 SUMMARY OF PROVISIONS :

Section 1 amends the vehicle and traffic law to increase the
percentages of fees collected for any motor vehicle service, pursuant
to statute, retained by the county clerk.

Section 2 provides the effective date.

 EXISTING LAW :

Pursuant to § 205(1) of the Vehicle and Traffic Law, the clerk of each
county, 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 title, and unless and until the
commissioner shall otherwise direct in any county, in the issuance of
non-driver identification cards and drivers' licenses upon the
certification of inspectors, and motor vehicle enforcement
transactions. Each such agent shall remit to the commissioner all fees
collected by him for registrations, licenses, identification cards and
transfers or relating to certificates of title, except as hereinafter
provided, together with a complete record of such registrations,
identification cards and licenses issued and transfers made, in
accordance with the procedure prescribed by the commissioner, and with
all documents relating to certificates of title received and such
record thereof as the commissioner prescribes.

Pursuant to § 205(3) of the Vehicle and Traffic Law such county clerks
shall retain 12.7% of the fees collected for any motor vehicle related
service described in subdivision one of this section. The retention
percentage shall be 30% of the $30 fee established for non-driver
identification cards.

 JUSTIFICATION :

Fifty-one of the sixty-two counties in New York State are mandated by
the state to operate a local Department of Motor Vehicles (DMV)
Office. This local DMV operation is one of the many examples of shared
services that counties provide for the state.  Local DMV offices
process many no fee transactions on behalf of the State and provide
customer services. However, under the current law, the State of New
York takes 87.3% of all fees collected from the work performed
entirely by the county operated DMV.

In an effort to alleviate that inequity, this legislation increases
the percentages of revenue retained by the county clerk from fees
generated by the administration of motor vehicle services. Increasing
the county DMV revenue sharing rate will not result in any increased
cost or fees to local residents or taxpayers and will provide counties
with the needed revenue to provide these necessary local government
services. It is patently unfair to require a county DMV to provide all
services related to motor vehicles, including overhead and staffing,
in order to fulfill state mandated operations and not share equitably
in the generated revenue.

This bill requires that 25% of the revenue generated from the fees
collected for any motor vehicle related service shall be retained by
the county clerk. Currently county clerks retain just 12.7% of such
fees. Additionally, this bill requires county clerks retain 60% of the
$30 fee established for non-driver identification cards. This is an
increase from the current 30% retention percentage. There is a clear
inequity present when a county DMV provides all of the services to
fulfill the DMV needs for state residents, yet the state takes 87.3%
of the revenue generated from providing these services. This bill
balances that inequity and as such its enactment is imperative.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S4964B (ACTIVE) - Bill Text download pdf

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

                                 4964--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sens. RITCHIE, MARCHIONE, ORTT, SERINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation   --   committee   discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee --  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 committee

AN  ACT  to amend the vehicle and traffic law, in relation to increasing
  the retention percentage collected for certain motor  vehicle  service
  fees

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

  Section 1. Subdivisions 3 and 3-a of section 205 of  the  vehicle  and
traffic  law, subdivision 3 as amended by section 3 of part G of chapter
59 of the laws of 2008 and subdivision 3-a as added by section 1 of part
F of chapter 58 of the laws of 2012, are amended to read as follows:
  3. 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, but shall not include any state or local sales or  compen-
sating  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
on  behalf  of  the  commissioner of taxation and finance. The retention
percentage shall be [12.7] TWENTY-FIVE percent  and  shall  take  effect
[April]  JANUARY  first,  [nineteen  hundred  ninety-nine]  TWO THOUSAND
SEVENTEEN; provided, however, the retention percentage shall be [thirty]
SIXTY percent of the thirty dollar fee established in paragraph  (e)  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10317-04-6

S. 4964--B                          2

subdivision  two  of section four hundred ninety-one and paragraph f-one
of subdivision two of section five hundred three of this chapter.
  3-a. In addition to the fees retained pursuant to subdivision three of
this  section, each county clerk acting as the agent of the commissioner
pursuant to subdivision one of this section shall  retain  [four]  EIGHT
percent  of "enhanced internet and electronic partner revenue" collected
by the commissioner. For the purposes  of  this  subdivision,  "enhanced
internet  and electronic partner revenue" shall mean the amount of gross
receipts attributable to all transactions conducted on the  internet  by
residents of such county and by designated partners of the department on
behalf  of such residents for the current calendar year that exceeds the
amount of such revenue collected by  the  commissioner  during  calendar
year  two thousand eleven. The commissioner shall certify the amounts to
be  retained  by  each  county  clerk  pursuant  to  this   subdivision.
[Provided,  however,  that  if  the aggregate amount of fees retained by
county clerks pursuant to this subdivision in calendar years  two  thou-
sand  twelve  and  two  thousand  thirteen combined exceeds eighty-eight
million five hundred thousand dollars, then the percentage of fees to be
retained thereafter shall be reduced to a percentage that, if applied to
the fees collected during calendar years two  thousand  twelve  and  two
thousand   thirteen  combined,  would  have  resulted  in  an  aggregate
retention of eighty-eight million five hundred thousand dollars  or  2.5
percent  of  enhanced internet and electronic partner revenue, whichever
is higher. If the aggregate amount of fees  retained  by  county  clerks
pursuant  to  this subdivision in calendar years two thousand twelve and
two thousand thirteen combined is less than  eighty-eight  million  five
hundred  thousand  dollars,  then  the percentage of fees to be retained
thereafter shall be increased to a percentage that, if  applied  to  the
fees  collected  during calendar years two thousand twelve and two thou-
sand thirteen combined, would have resulted in an aggregate retention of
eighty-eight million five hundred thousand dollars, or  six  percent  of
enhanced  internet and electronic partner revenue, whichever is less. On
and after April first, two thousand sixteen,  the  percent  of  enhanced
internet  and electronic partner revenue to be retained by county clerks
shall be the average of the  annual  percentages  that  were  in  effect
between  April  first,  two  thousand twelve and March thirty-first, two
thousand sixteen.]
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S4964B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 14, 2016 - Floor Vote

Floor Vote: Jun 14, 2016

Jun 16, 2015 - Floor Vote

Floor Vote: Jun 16, 2015

Apr 12, 2016 - Transportation Committee Vote

Transportation Committee Vote: Apr 12, 2016

Jun 8, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 16, 2015 - Rules Committee Vote

Rules Committee Vote: Jun 16, 2015

Jun 7, 2016 - Finance Committee Vote

Finance Committee Vote: Jun 7, 2016

Bill Amendments

2015-S4964 - Details

2015-S4964 - Summary

2015-S4964 - Sponsor Memo

2015-S4964 - Bill Text download pdf

co-Sponsors

2015-S4964A - Details

2015-S4964A - Summary

2015-S4964A - Sponsor Memo

2015-S4964A - Bill Text download pdf

co-Sponsors

2015-S4964B (ACTIVE) - Details

2015-S4964B (ACTIVE) - Summary

2015-S4964B (ACTIVE) - Sponsor Memo

2015-S4964B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4964B

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-S4964 - Details

2015-S4964 - Summary

2015-S4964 - Sponsor Memo

2015-S4964 - Bill Text download pdf

co-Sponsors

2015-S4964A - Details

2015-S4964A - Summary

2015-S4964A - Sponsor Memo

2015-S4964A - Bill Text download pdf

co-Sponsors

2015-S4964B (ACTIVE) - Details

2015-S4964B (ACTIVE) - Summary

2015-S4964B (ACTIVE) - Sponsor Memo

2015-S4964B (ACTIVE) - Bill Text download pdf

Comments