N.Y. VAT. LAW § 205 : NY Code - Section 205: County clerks as agents of the commissioner; fees

Search N.Y. VAT. LAW § 205 : NY Code - Section 205: County clerks as agents of the commissioner; fees

1. The clerk
  of  each  county,  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 title, and unless and until the commissioner
  shall  otherwise  direct  in  any  county, in the issuance of non-driver
  identification cards and drivers' licenses  upon  the  certification  of
  inspectors,  and motor vehicle enforcement transactions. Each such agent
  shall  remit  to  the  commissioner  all  fees  collected  by  him   for
  registrations,  licenses, identification cards and transfers or relating
  to certificates of title, except as hereinafter provided, together  with
  a  complete  record  of  such  registrations,  identification  cards and
  licenses issued and transfers made, in  accordance  with  the  procedure
  prescribed  by  the  commissioner,  and  with  all documents relating to
  certificates  of  title  received  and  such  record  thereof   as   the
  commissioner prescribes.
    2.  The  commissioner may authorize such county clerk to establish one
  or  more  temporary  branch  offices  within  the  county,  when  deemed
  necessary,  to  issue  certificates  of  registration, and number plates
  therefor for motor vehicles, motorcycles, snowmobiles and vessels or the
  renewal or issuance of  non-driver  identification  cards  and  drivers'
  licenses on certification of inspectors or to receive documents relating
  to  certificates  of  title.  The  work in such temporary branch offices
  shall be performed by one  or  more  employees  of  the  clerk's  office
  designated for the purpose without additional compensation. The expenses
  actually  and necessarily incurred by the county clerk or such employees
  shall be a charge against the county.
    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
  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  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 of subdivision two of section five hundred three  of
  this chapter.
    4.  The  commissioner  may  prescribe minimum staff requirements to be
  maintained by county clerks for  the  performance  of  their  duties  as
  agents  of  the  commissioner.  No such staff requirements shall require
  expenditures in excess of the amount of the percentage of gross receipts
  retained by any county or county clerk pursuant to subdivision three  of
  this section.
    5.  For  registration  renewals pursuant to subdivision two of section
  four hundred three of this chapter,  the  commissioner  shall  reimburse
  each  county  clerk the actual postage expense incurred by such clerk in
  mailing a number plate or plates to a registrant, provided that  mailing
  of  such  number plate or plates has been done in a manner prescribed by
  the commissioner.


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