NY State Senate Bill 2019-S1374

Senate Bill S1374

2019-2020 Legislative Session

Authorizes county clerks to retain a portion of fees collected for motor vehicle related services through a department of motor vehicles' website

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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

co-Sponsors

2019-S1374 (ACTIVE) - Details

See Assembly Version of this Bill:: A4285
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: S6050, A8386
2017-2018: S2101, A1445
2021-2022: S2713

2019-S1374 (ACTIVE) - Summary

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.

2019-S1374 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1374

SPONSOR: RITCHIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 205(3) of the Vehicle and Traffic Law by adding that
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 12.7 percent of the retention
of gross receipts.

Section 2 is the effective date.

 
EXISTING LAW:

Article 2 of the Vehicle and Traffic Law (VTL) governs the Department of
Motor Vehicles and the obligations of the Department's Commissioner.
Section 205 of the VTL designates county clerks as agents of the commis-
sioner and includes provisions of law relating to their authority,
responsibilities, and fees.

Subsection 1 of § 205 of the VTL provide, each county clerk, 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 titles, and
unless and until the commissioner shall otherwise direct in any county,
in the issuance of non-driver identification cards and drivers' license
upon the certification of inspectors, and motor vehicle enforcement
transactions. Each such agent all remit to the commissioner all fees
collected by him for registrations, licenses, identification cards and
transfers or relating to certificates of titles, except as hereinafter
provided, together with a compete record of such registrations, iden-
tifications cards and licenses issues and transfers made, in accordance
with the procedure prescribed by the commissioner, and with all docu-
ments relating to certificates of titles received and such record there-
of as the commissioner prescribes.

Subsection 3 of § 205 of the VTL provides, each county clerk, except the
counties of Rockland, Albany, Westchester, Suffolk, Nassau, Onondaga,
Bronx, Kings, Queens, Richmond, and New York, shall retain from fees
collected for any motor vehicle related service described in subsection
one of this section processed by such county clerk an amount based on a
percentage of gross receipts collected. The term gross receipts shall
include all fines, fees and penalties collect 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 28 and 29 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%.

Subsection 3-a of 3 of § 205 of the VTL relates to the fees retained by
the county collected by the commissioner through "enhanced internet and
electronic partner revenue." Enhanced internet and electronic partner
revenue shall mean the amount of gross receipts of each county and by
designated partners of the department of behalf of the residents for the
current calendar year that exceed the amount of such revenue collected
by the commissioner during the 2011 calendar year. The commissioner
shall certify the amounts to be retained by each county clerk pursuant
to this subdivision.

 
JUSTIFICATION:

The increasing use of the DMV website by residents to renew registra-
tions and complete other services has decreased the amount of fees paid
directly at local DMV offices in counties throughout the state. Nonethe-
less, counties still must support these offices financially. In order to
eliminate this increasingly unfunded mandate, counties should receive
the same 12.7% of gross receipts of services rendered at the DMV website
as they would if residents were using the local DMV office, rather than
a percentage determined by the Commissioner.

This bill directs DMV to remit the 12.7% of processing fees to respec-
tive counties from transactions through the DMV website, according to
the county of residence of the applicant or registrant.

 
LEGISLATIVE HISTORY:

2017-2018: S.2101-A

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect April 1, 2019; provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.

2019-S1374 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1374
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03924-01-9

 S. 1374                             2
 
 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, 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.

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Senate Bill S1374

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Sponsored By

Patty Ritchie