New York Laws
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.

* NB Effective until January 1, 2024

* 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.

* NB Effective January 1, 2024

* 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.

* NB Effective until January 1, 2024

* 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.

* NB Effective January 1, 2024

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.