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This entry was published on 2014-09-22
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SECTION 205
County clerks as agents of the commissioner; fees
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 2, ARTICLE 2
§ 205. County clerks as agents of the commissioner; fees. 1. 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.

2. The commissioner may authorize such county clerk to establish one
or more temporary branch offices within the county, when deemed
necessary, to issue certificates of registration, and number plates
therefor for motor vehicles, motorcycles, snowmobiles and vessels or the
renewal or issuance of non-driver identification cards and drivers'
licenses on certification of inspectors or to receive documents relating
to certificates of title. The work in such temporary branch offices
shall be performed by one or more employees of the clerk's office
designated for the purpose without additional compensation. The expenses
actually and necessarily incurred by the county clerk or such employees
shall be a charge against the county.

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
compensating 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 percent and shall take effect April
first, nineteen hundred ninety-nine; provided, however, the retention
percentage shall be thirty 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 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 thousand 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 thousand
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.

4. The commissioner may prescribe minimum staff requirements to be
maintained by county clerks for the performance of their duties as
agents of the commissioner. No such staff requirements shall require
expenditures in excess of the amount of the percentage of gross receipts
retained by any county or county clerk pursuant to subdivision three of
this section.

5. For registration renewals pursuant to subdivision two of section
four hundred three of this chapter, the commissioner shall reimburse
each county clerk the actual postage expense incurred by such clerk in
mailing a number plate or plates to a registrant, provided that mailing
of such number plate or plates has been done in a manner prescribed by
the commissioner.