What's happening
This bill allows county clerks to retain a portion of motor vehicle fees collected through the DMV website.
Why it matters
Directs more DMV website fee revenue to local governments. By allowing county clerks to retain a share of fees from online transactions, the bill shifts some state-collected revenue to counties, potentially boosting local budgets.
Addresses loss of local funding from digital DMV services. As more residents use the DMV website instead of visiting local offices, counties risk losing out on fees they previously collected; this bill helps offset that loss.
Creates an incentive for counties to support digital modernization. With a share of online fees, counties may be more supportive of efforts to improve and promote digital DMV services, which can improve efficiency for residents.
May impact state vs. local fiscal balance. The bill could modestly reduce state general fund revenue while increasing county funds, affecting how public services are financed and who controls those resources.
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Who cares
Headline styles
Let Clerks Keep DMV Fees
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Clerks Keep DMV Fees
In Assembly Committee · Transportation · Sponsor Monica P. Wallace
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1374
2019-2020 Regular Sessions
IN SENATE
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 Assembly, 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 effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (792 words)
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.