§ 205 — County clerks as agents of the commissioner; fees

§ 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 10.75 percent.\n 3-a. In addition to the fees retained pursuant to subdivision three of\nthis section, each county clerk acting as the agent of the commissioner\npursuant to subdivision one of this section shall retain a percentage of\n"enhanced internet and electronic partner revenue" collected by the\ncommissioner. For the purposes of this subdivision, "enhanced internet\nand electronic partner revenue" shall mean the amount of gross receipts\nattributable to all transactions conducted on the internet by residents\nof such county and by designated partners of the department on behalf of\nsuch residents for the current calendar year. The commissioner shall\ncertify the amounts to be retained by each county clerk pursuant to this\nsubdivision. The retention percentage shall be 10.75 percent.\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