The New York State Senate

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

                                 3397--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2017
                               ___________

Introduced  by  M. of A. BRINDISI, BARCLAY, BARRETT, BLANKENBUSH, FINCH,
  GIGLIO, GOODELL,  HAWLEY,  LIFTON,  LUPARDO,  MAGEE,  McDONALD,  OAKS,
  PALMESANO,  SKARTADOS,  STECK,  WOERNER,  JONES,  JOHNS,  LAWRENCE  --
  Multi-Sponsored by -- M. of A. CROUCH, JENNE, SIMON, STEC -- read once
  and referred 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  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 NINE-
TEEN; 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.

                                                           LBD02057-03-8

A. 3397--A                          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.]
  § 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.