New York S 1371: Relates to increasing the retention percentage for certain motor vehicle service fees

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          1371
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced  by  Sens.  RITCHIE,  AKSHAR, O'MARA, ORTT, SERINO, SEWARD --
          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:
     1    Section 1. Subdivisions 3 and 3-a of section 205 of  the  vehicle  and
     2  traffic  law, subdivision 3 as amended by section 3 of part G of chapter
     3  59 of the laws of 2008 and subdivision 3-a as added by section 1 of part
     4  F of chapter 58 of the laws of 2012, are amended to read as follows:
     5    3. Each such county clerk shall retain from  fees  collected  for  any
     6  motor  vehicle  related  service  described  in  subdivision one of this
     7  section processed by such county clerk an amount based on  a  percentage
     8  of  gross  receipts  collected.  For  purposes of this section, the term
     9  "gross receipts" shall include all fines, fees and  penalties  collected
    10  pursuant  to  this  chapter  by  a  county  clerk acting as agent of the
    11  commissioner, but shall not include any state or local sales or  compen-
    12  sating  use taxes imposed under or pursuant to the authority of articles
    13  twenty-eight and twenty-nine of the tax law and collected by such  clerk
    14  on  behalf  of  the  commissioner of taxation and finance. The retention
    15  percentage shall be []  percent  and  shall  take  effect12.7twenty-five
    16  []  first, [] AprilJanuarynineteen hundred ninety-ninetwo thousand twen-
    17  ;  provided, however, the retention percentage shall be [] tythirtysixty
    18  percent of the thirty dollar fee established in paragraph (e) of  subdi-
    19  vision  two  of  section  four hundred ninety-one and paragraph f-one of
    20  subdivision two of section five hundred three of this chapter.
    21    3-a. In addition to the fees retained pursuant to subdivision three of
    22  this section, each county clerk acting as the agent of the  commissioner
    23  pursuant  to  subdivision  one of this section shall retain [] foureight
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD03917-01-9

        S. 1371                             2
     1  percent of "enhanced internet and electronic partner revenue"  collected
     2  by  the  commissioner.  For  the purposes of this subdivision, "enhanced
     3  internet and electronic partner revenue" shall mean the amount of  gross
     4  receipts  attributable  to all transactions conducted on the internet by
     5  residents of such county and by designated partners of the department on
     6  behalf of such residents for the current calendar year that exceeds  the
     7  amount  of  such  revenue  collected by the commissioner during calendar
     8  year two thousand eleven. The commissioner shall certify the amounts  to
     9  be   retained  by  each  county  clerk  pursuant  to  this  subdivision.
    10  [Provided, however, that if the aggregate amount  of  fees  retained  by
    11  county  clerks  pursuant to this subdivision in calendar years two thou-
    12  sand twelve and two  thousand  thirteen  combined  exceeds  eighty-eight
    13  million five hundred thousand dollars, then the percentage of fees to be
    14  retained thereafter shall be reduced to a percentage that, if applied to
    15  the  fees  collected  during  calendar years two thousand twelve and two
    16  thousand  thirteen  combined,  would  have  resulted  in  an   aggregate
    17  retention  of  eighty-eight million five hundred thousand dollars or 2.5
    18  percent of enhanced internet and electronic partner  revenue,  whichever
    19  is  higher.  If  the  aggregate amount of fees retained by county clerks
    20  pursuant to this subdivision in calendar years two thousand  twelve  and
    21  two  thousand  thirteen  combined is less than eighty-eight million five
    22  hundred thousand dollars, then the percentage of  fees  to  be  retained
    23  thereafter  shall  be  increased to a percentage that, if applied to the
    24  fees collected during calendar years two thousand twelve and  two  thou-
    25  sand thirteen combined, would have resulted in an aggregate retention of
    26  eighty-eight  m