NY State Senate Bill S1371

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 14, 2019	referred to transportation

Co-Sponsors

S1371 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §205, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4964
2017-2018: S1908
2021-2022: S2710
2023-2024: S5522

S1371 (ACTIVE) - Summary

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

S1371 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1371

SPONSOR: RITCHIE
 
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 certif-
icates 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 iden-
tification 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 need-
ed 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 inequi-
ty and as such its enactment is imperative.

 
LEGISLATIVE HISTORY:

2017-2018: S.1908A/A.3397A

 
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.

S1371 (ACTIVE) - Bill Text download pdf


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

                                  1371

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 14, 2019
                               ___________

Introduced  by  Sens.  RITCHIE,  AKSHAR, O'MARA, ORTT, SERINO, 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 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 TWEN-
TY;  provided, however, the retention percentage shall be [thirty] SIXTY
percent of the thirty dollar fee established in paragraph (e) of  subdi-
vision  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

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

                                                           LBD03917-01-9

S. 1371                             2

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.

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The New York State Senate

senate Bill S1371

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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Co-Sponsors

S1371 (ACTIVE) - Details

S1371 (ACTIVE) - Summary

S1371 (ACTIVE) - Sponsor Memo

S1371 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1371

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

Co-Sponsors

S1371 (ACTIVE) - Details

S1371 (ACTIVE) - Summary

S1371 (ACTIVE) - Sponsor Memo

S1371 (ACTIVE) - Bill Text download pdf

Comments