2022 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.
* 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.