N.Y. Veh. & Traf. Law § 205

§ 205. County clerks as agents of the commissioner; fees. 1. The clerk\nof each county, except the counties of Rockland, Albany, Westchester,\nSuffolk, Nassau, Onondaga, Bronx, Kings, Queens, Richmond and New York,\nshall act as the agent of the commissioner in the registration of motor\nvehicles, motorcycles, and when directed by the commissioner\nsnowmobiles, vessels and all terrain vehicles, and in the issuance of\ncertificates thereof and number plates therefor, in receiving documents\nrelating to certificates of title, and unless and until the commissioner\nshall otherwise direct in any county, in the issuance of non-driver\nidentification cards and drivers' licenses upon the certification of\ninspectors, and motor vehicle enforcement transactions. Each such agent\nshall remit to the commissioner all fees collected by him for\nregistrations, licenses, identification cards and transfers or relating\nto certificates of title, except as hereinafter provided, together with\na complete record of such registrations, identification cards and\nlicenses issued and transfers made, in accordance with the procedure\nprescribed by the commissioner, and with all documents relating to\ncertificates of title received and such record thereof as the\ncommissioner prescribes.\n 2. The commissioner may authorize such county clerk to establish one\nor more temporary branch offices within the county, when deemed\nnecessary, to issue certificates of registration, and number plates\ntherefor for motor vehicles, motorcycles, snowmobiles and vessels or the\nrenewal or issuance of non-driver identification cards and drivers'\nlicenses on certification of inspectors or to receive documents relating\nto certificates of title. The work in such temporary branch offices\nshall be performed by one or more employees of the clerk's office\ndesignated for the purpose without additional compensation. The expenses\nactually and necessarily incurred by the county clerk or such employees\nshall be a charge against the county.\n *3. Each such county clerk shall retain from fees collected for any\nmotor vehicle related service described in subdivision one of this\nsection processed by such county clerk an amount based on a percentage\nof gross receipts collected. For purposes of this section, the term\n"gross receipts" shall include all fines, fees and penalties collected\npursuant to this chapter by a county clerk acting as agent of the\ncommissioner, but shall not include any state or local sales or\ncompensating use taxes imposed under or pursuant to the authority of\narticles twenty-eight and twenty-nine of the tax law and collected by\nsuch clerk on behalf of the commissioner of taxation and finance. The\nretention percentage shall be 12.7 percent and shall take effect April\nfirst, nineteen hundred ninety-nine; provided, however, the retention\npercentage shall be thirty percent of the thirty dollar fee established\nin paragraph (e) of subdivision two of section four hundred ninety-one\nand paragraph f-one of subdivision two of section five hundred three of\nthis chapter.\n * NB Effective until January 1, 2024\n * 3. Each such county clerk shall retain from fees collected for any\nmotor vehicle related service described in subdivision one of this\nsection processed by such county clerk an amount based on a percentage\nof gross receipts collected. For purposes of this section, the term\n"gross receipts" shall include all fines, fees and penalties collected\npursuant to this chapter by a county clerk acting as agent of the\ncommissioner, but shall not include any state or local sales or\ncompensating use taxes imposed under or pursuant to the authority of\narticles twenty-eight and twenty-nine of the tax law and collected by\nsuch clerk on behalf of the commissioner of taxation and finance. The\nretention percentage shall be 10.75 percent.\n * NB Effective January 1, 2024\n * 3-a. In addition to the fees retained pursuant to subdivision three\nof this section, each county clerk acting as the agent of the\ncommissioner pursuant to subdivision one of this section shall retain\nfour percent of "enhanced internet and electronic partner revenue"\ncollected by the commissioner. For the purposes of this subdivision,\n"enhanced internet and electronic partner revenue" shall mean the amount\nof gross receipts attributable to all transactions conducted on the\ninternet by residents of such county and by designated partners of the\ndepartment on behalf of such residents for the current calendar year\nthat exceeds the amount of such revenue collected by the commissioner\nduring calendar year two thousand eleven. The commissioner shall certify\nthe amounts to be retained by each county clerk pursuant to this\nsubdivision. Provided, however, that if the aggregate amount of fees\nretained by county clerks pursuant to this subdivision in calendar years\ntwo thousand twelve and two thousand thirteen combined exceeds\neighty-eight million five hundred thousand dollars, then the percentage\nof fees to be retained thereafter shall be reduced to a percentage that,\nif applied to the fees collected during calendar years two thousand\ntwelve and two thousand thirteen combined, would have resulted in an\naggregate retention of eighty-eight million five hundred thousand\ndollars or 2.5 percent of enhanced internet and electronic partner\nrevenue, whichever is higher. If the aggregate amount of fees retained\nby county clerks pursuant to this subdivision in calendar years two\nthousand twelve and two thousand thirteen combined is less than\neighty-eight million five hundred thousand dollars, then the percentage\nof fees to be retained thereafter shall be increased to a percentage\nthat, if applied to the fees collected during calendar years two\nthousand twelve and two thousand thirteen combined, would have resulted\nin an aggregate retention of eighty-eight million five hundred thousand\ndollars, or six percent of enhanced internet and electronic partner\nrevenue, whichever is less. On and after April first, two thousand\nsixteen, the percent of enhanced internet and electronic partner revenue\nto be retained by county clerks shall be the average of the annual\npercentages that were in effect between April first, two thousand twelve\nand March thirty-first, two thousand sixteen.\n * NB Effective until January 1, 2024\n * 3-a. In addition to the fees retained pursuant to subdivision three\nof this section, each county clerk acting as the agent of the\ncommissioner pursuant to subdivision one of this section shall retain a\npercentage of "enhanced internet and electronic partner revenue"\ncollected by the commissioner. For the purposes of this subdivision,\n"enhanced internet and electronic partner revenue" shall mean the amount\nof gross receipts attributable to all transactions conducted on the\ninternet by residents of such county and by designated partners of the\ndepartment on behalf of such residents for the current calendar year.\nThe commissioner shall certify the amounts to be retained by each county\nclerk pursuant to this subdivision. The retention percentage shall be\n10.75 percent.\n * NB Effective January 1, 2024\n 4. The commissioner may prescribe minimum staff requirements to be\nmaintained by county clerks for the performance of their duties as\nagents of the commissioner. No such staff requirements shall require\nexpenditures in excess of the amount of the percentage of gross receipts\nretained by any county or county clerk pursuant to subdivision three of\nthis section.\n 5. For registration renewals pursuant to subdivision two of section\nfour hundred three of this chapter, the commissioner shall reimburse\neach county clerk the actual postage expense incurred by such clerk in\nmailing a number plate or plates to a registrant, provided that mailing\nof such number plate or plates has been done in a manner prescribed by\nthe commissioner.\n