NY State Senate Bill 2023-S5522

Current 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 03, 2024	referred to transportation
Mar 07, 2023	referred to transportation

2023-S5522 (ACTIVE) - Details

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: S4964
2017-2018: S1908
2019-2020: S1371
2021-2022: S2710

2023-S5522 (ACTIVE) - Summary

Relates to increasing the retention percentage for certain motor vehicle service fees.

2023-S5522 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5522

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to increasing
the retention percentage collected for certain motor vehicle service
fees

 
PURPOSE:

To increase the retention percentage for certain motor vehicle service
fees.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law to increase the percentages
of fees collected for any motor vehicle service, pursuant to statute,
retained by the county clerk.

Section 2 provides the effective date.

 
JUSTIFICATION:

Fifty-one of the sixty-two counties in New York State are mandated by
the state to operate a local Department of Motor Vehicles (DMV) Office.
This local DMV operation is one of the many examples of shared services
that counties provide for the state. Local DMV offices process many no
fee transactions on behalf of the State and provide customer services.

However, under the current law, the State of New York takes 87.3% of all
fees collected from the work performed entirely by the county operated
DMV. In an effort to alleviate that inequity, this legislation increases
the percentages of revenue retained by the county clerk from fees gener-
ated by the administration of motor vehicle services. Increasing the
county DMV revenue sharing rate will not result in any increased cost or
fees to local residents or taxpayers and will provide counties with the
needed revenue to provide these necessary local government services.

It is patently unfair to require a county DMV to provide all services
related to motor vehicles, including overhead and staffing, in order to
fulfill state mandated operations and not share equitably in the gener-
ated revenue.

This bill requires that 25% of the revenue generated from the fees
collected for any motor vehicle related service shall be retained by the
county clerk. Currently county clerks retain just 12.7% of such fees.
Additionally, this bill requires county clerks retain 60% of the $30 fee
established for non-driver identification cards. This is an increase
from the current 30% retention percentage.

There is a clear inequity present when a county DMV provides all of the
services to fulfill the DMV needs for state residents, yet the state
takes 87.3% of the revenue generated from providing these services. This
bill balances that inequity and as such, its enactment is imperative.

 
LEGISLATIVE HISTORY:

2021-22 - S. 2710 - Transportation Committee.
 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S5522 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5522
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2023
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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  increasing
   the  retention  percentage collected for certain motor vehicle service
   fees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  3 and 3-a of section 205 of the vehicle and
 traffic law, subdivision 3 as amended by section 3 of part G of  chapter
 59 of the laws of 2008 and subdivision 3-a as added by section 1 of part
 F of chapter 58 of the laws of 2012, are amended to read as follows:
   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 compen-
 sating 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]  TWENTY-FIVE percent and shall take effect
 [April] JANUARY first, [nineteen hundred ninety-nine] TWO THOUSAND TWEN-
 TY-FOUR; provided, however, the retention percentage shall  be  [thirty]
 SIXTY  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]  EIGHT
 percent  of "enhanced internet and electronic partner revenue" collected
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10077-01-3

 S. 5522                             2
 
 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  thou-
 sand  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 thou-
 sand 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.]
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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Senate Bill S5522

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

2023-S5522 (ACTIVE) - Details

2023-S5522 (ACTIVE) - Summary

2023-S5522 (ACTIVE) - Sponsor Memo

2023-S5522 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5522

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Sponsored By

Joseph A. Griffo

Current Bill Status - In Senate Committee Transportation Committee

2023-S5522 (ACTIVE) - Details

2023-S5522 (ACTIVE) - Summary

2023-S5522 (ACTIVE) - Sponsor Memo

2023-S5522 (ACTIVE) - Bill Text download pdf

Comments