N.Y. Vehicle & Traffic Law § 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 10.75 percent.

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 a percentage 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. The commissioner shall

certify the amounts to be retained by each county clerk pursuant to this

subdivision. The retention percentage shall be 10.75 percent.

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.