NY Veh & Traf L § 205 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2 - Department of Motor Vehicles; Commissioner 205 - County Clerks as Agents of the Commissioner; Fees.

§ 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.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 percent of   "enhanced internet and electronic  partner  revenue"  collected  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 thousand 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  thousand   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.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.