S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4285
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee 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 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] (F-1) of subdivision two of section  five  hundred
 three of this chapter.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03924-01-9

 A. 4285                             2
 
 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, 2020; 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.