S T A T E   O F   N E W   Y O R K
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                                   1445
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A. JENNE, WOERNER, HOOPER, SCHIMMINGER, SKOUFIS,
   KEARNS, CROUCH, BLAKE, JAFFEE, McLAUGHLIN, GRAF, PALMESANO, MURRAY  --
   Multi-Sponsored  by  --  M.  of  A.  BARCLAY, BRABENEC, GIGLIO, LOPEZ,
   LUPARDO, OAKS, SKARTADOS, THIELE -- read  once  and  referred  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:
 
   Section 1. Subdivision 3 of section 205 of  the  vehicle  and  traffic
 law,  as  amended  by  section  3 of part G of chapter 59 of the laws of
 2008, is amended to read as follows:
   3. (A) 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  OR  DEPARTMENT  OF  MOTOR VEHICLES' WEBSITE, 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 OR DEPARTMENT OF MOTOR VEHICLES'
 WEBSITE on behalf of the  commissioner  of  taxation  and  finance.  The
 retention  percentage  shall  be  [12.7]  FIFTEEN 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] TWO THOUSAND EIGHTEEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02547-01-7
              

 A. 1445                             2
 
   (B) THE COMMISSIONER SHALL REMIT ON A QUARTERLY  BASIS  TO  EACH  SUCH
 COUNTY  CLERK  FROM FEES COLLECTED FOR ANY MOTOR VEHICLE RELATED SERVICE
 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION THAT ARE PROCESSED  THROUGH
 THE  DEPARTMENT  OF  MOTOR VEHICLES' WEBSITE THE RETENTION PERCENTAGE OF
 GROSS  RECEIPTS  COLLECTED, AS SUCH RETENTION PERCENTAGE IS DESCRIBED IN
 PARAGRAPH (A) OF THIS SUBDIVISION WHICH SUCH  COUNTY  CLERK  WOULD  HAVE
 BEEN  ENTITLED  TO  RETAIN PURSUANT TO THIS SUBDIVISION IF SUCH FEES HAD
 BEEN PROCESSED IN THE COUNTY OF RECORD OF THE REGISTRANT.
   § 2. This act shall take effect April 1, 2018; provided, however, that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.