Bill Text: NY S01374 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes county clerks to retain a portion of fees collected for motor vehicle related service fees and requires the commissioner to remit such fees to the county clerks on a quarterly basis.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2019-01-14 - REFERRED TO TRANSPORTATION [S01374 Detail]

Download: New_York-2019-S01374-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1374
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced by Sens. RITCHIE, GALLIVAN, HELMING, O'MARA -- 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  allowing
          county  clerks  to  retain  fees  collected  for motor vehicle related
          services through a department of motor vehicles' website
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3  of section 205 of the vehicle and traffic
     2  law, as amended by section 3 of part G of chapter  59  of  the  laws  of
     3  2008, is amended to read as follows:
     4    3. (a) Each such county clerk shall retain from fees collected for any
     5  motor  vehicle  related  service  described  in  subdivision one of this
     6  section processed by such county clerk an amount based on  a  percentage
     7  of  gross  receipts  collected.  For  purposes of this section, the term
     8  "gross receipts" shall include all fines, fees and  penalties  collected
     9  pursuant  to  this  chapter  by  a  county  clerk acting as agent of the
    10  commissioner or department of motor vehicles'  website,  but  shall  not
    11  include any state or local sales or compensating use taxes imposed under
    12  or pursuant to the authority of articles twenty-eight and twenty-nine of
    13  the tax law and collected by such clerk or department of motor vehicles'
    14  website  on  behalf  of  the  commissioner  of taxation and finance. The
    15  retention percentage shall be 12.7 percent and shall take  effect  April
    16  first,  nineteen  hundred  ninety-nine; provided, however, the retention
    17  percentage shall be thirty percent of the thirty dollar fee  established
    18  in  paragraph  (e) of subdivision two of section four hundred ninety-one
    19  and paragraph [f-one] (f-1) of subdivision two of section  five  hundred
    20  three of this chapter.
    21    (b)  The  commissioner  shall  remit on a quarterly basis to each such
    22  county clerk from fees collected for any motor vehicle  related  service
    23  described  in subdivision one of this section that are processed through
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03924-01-9

        S. 1374                             2
     1  the department of motor vehicles' website the  retention  percentage  of
     2  gross  receipts  collected, as such retention percentage is described in
     3  paragraph (a) of this subdivision which such  county  clerk  would  have
     4  been  entitled  to  retain pursuant to this subdivision if such fees had
     5  been processed in the county of record of the registrant.
     6    § 2. This act shall take effect April 1, 2020; provided, however, that
     7  effective immediately, the addition, amendment and/or repeal of any rule
     8  or regulation necessary for the implementation of this act on its effec-
     9  tive date are authorized and directed to be made  and  completed  on  or
    10  before such effective date.
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