Bill Text: NY S03640 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to stabilizing the cultural education account and the local government records management improvement fund.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-06-15 - REPORTED AND COMMITTED TO RULES [S03640 Detail]
Download: New_York-2009-S03640-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3640--B
2009-2010 Regular Sessions
I N S E N A T E
March 25, 2009
___________
Introduced by Sens. OPPENHEIMER, SERRANO, SCHNEIDERMAN, DIAZ,
STEWART-COUSINS -- (at request of the State Education Department) --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee and committed to the Committee
on Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, the arts and cultural
affairs law, the administrative code of the city of New York and the
state finance law, in relation to stabilizing the cultural education
account and the local government records management improvement fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph b of paragraph 4 of subdivision (a) and
2 subparagraph b of paragraph 11 of subdivision (b) of section 8021 of the
3 civil practice law and rules, subparagraph b of paragraph 4 of subdivi-
4 sion (a) as amended by section 2 of part B of chapter 83 of the laws of
5 2002 and subparagraph b of paragraph 11 of subdivision (b) as amended by
6 section 3 of part B of chapter 83 of the laws of 2002, are amended to
7 read as follows:
8 b. For recording, entering, indexing and endorsing a certificate on
9 any instrument, an additional fee of [five] SEVEN dollars AND FIFTY
10 CENTS to be paid monthly by county clerks to the commissioner of educa-
11 tion, after deducting twenty-five cents, for deposit into the New York
12 state local government records management improvement fund and an addi-
13 tional [fifteen] TWENTY-TWO dollars AND FIFTY CENTS, after deducting
14 [seventy-five cents] ONE DOLLAR, for deposit to the cultural education
15 account.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08124-06-0
S. 3640--B 2
1 b. For recording any instrument required by statute to be recorded, an
2 additional fee of [five] SEVEN dollars AND FIFTY CENTS to be paid month-
3 ly by county clerks to the commissioner of education, after deducting
4 twenty-five cents, for deposit into the New York state local government
5 records management improvement fund and an additional [fifteen] TWENTY-
6 TWO dollars AND FIFTY CENTS, after deducting [seventy-five cents] ONE
7 DOLLAR, for deposit to the cultural education account.
8 S 2. Section 57.35 of the arts and cultural affairs law is amended by
9 adding a new subdivision 1-a to read as follows:
10 1-A. IN ADDITION TO THE GRANTS AUTHORIZED PURSUANT TO SUBDIVISION ONE
11 OF THIS SECTION, IN EACH STATE FISCAL YEAR THE COMMISSIONER OF EDUCA-
12 TION, SUBJECT TO AN APPROPRIATION FOR SUCH PURPOSE, SHALL BE AUTHORIZED
13 TO AWARD FORMULA GRANTS FOR RECORDS MANAGEMENT IMPROVEMENT PURSUANT TO
14 THIS SUBDIVISION TO COUNTY CLERKS AND, IN THE CITY OF NEW YORK, TO THE
15 NEW YORK REGISTER OR OTHER OFFICER OR AGENCY HAVING CUSTODY OF REAL
16 PROPERTY RECORDS AND ANY OFFICER OR AGENCY HAVING CUSTODY OF SUPREME
17 COURT RECORDS. THE AMOUNT OF EACH GRANT AWARD SHALL EQUAL THE PRODUCT OF
18 SEVENTY-FIVE CENTS AND THE NUMBER OF TRANSACTIONS ON WHICH A SURCHARGE
19 WAS IMPOSED BY THE PUBLIC OFFICER OR AGENCY APPLYING FOR A GRANT IN THE
20 PRIOR CALENDAR YEAR FOR DEPOSIT TO THE NEW YORK STATE LOCAL GOVERNMENT
21 RECORDS MANAGEMENT IMPROVEMENT FUND PURSUANT TO PARAGRAPH THREE OF
22 SUBDIVISION (A) OF SECTION EIGHT THOUSAND EIGHTEEN, SUBPARAGRAPH B OF
23 PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHT THOUSAND TWENTY-ONE
24 AND SUBPARAGRAPH B OF PARAGRAPH ELEVEN OF SUBDIVISION (B) OF SECTION
25 EIGHT THOUSAND TWENTY-ONE OF THE CIVIL PRACTICE LAW AND RULES, AND
26 SUBDIVISION A OF SECTION 7-604 OF THE ADMINISTRATIVE CODE OF THE CITY OF
27 NEW YORK.
28 S 3. Subdivision 3 of section 57.35 of the arts and cultural affairs
29 law, as added by chapter 78 of the laws of 1989, is amended to read as
30 follows:
31 3. All monies received by the commissioner of education under the
32 provisions of [the third undesignated] paragraph THREE of subdivision
33 (a) of section eight thousand eighteen, subparagraph b of paragraph four
34 of subdivision (a) of section eight thousand twenty-one and subparagraph
35 b of paragraph eleven of subdivision (b) of section eight thousand twen-
36 ty-one of the civil practice law and rules, and subdivision a of section
37 7-604 of the administrative code of the city of New York, shall be
38 deposited by the commissioner of education to the credit of the New York
39 state local government records management improvement fund established
40 pursuant to section ninety-seven-i of the state finance law by the tenth
41 day of the month following receipt of such monies.
42 S 4. Subdivision a of section 7-604 of the administrative code of the
43 city of New York, as amended by section 4 of part B of chapter 83 of the
44 laws of 2002, is amended to read as follows:
45 a. The register shall be paid a salary to be fixed by the mayor. All
46 fees shall be the property of the city. All sums so received shall be
47 paid to the commissioner of finance monthly without deduction. The
48 FOLLOWING additional [fee of twenty dollars] FEES for recording any
49 instrument required by New York state statute to be recorded pursuant to
50 subdivision one of section 7-614 of this code shall be [used as follows]
51 COLLECTED: [five] SEVEN dollars AND FIFTY CENTS paid monthly by the
52 commissioner of finance to the New York state commissioner of education,
53 after deducting twenty-five cents, for deposit into the New York state
54 local government records management improvement fund and [fifteen] TWEN-
55 TY-TWO dollars AND FIFTY CENTS, after deducting [seventy-five cents] ONE
56 DOLLAR, for deposit to the cultural education account.
S. 3640--B 3
1 S 5. Subdivision 2 of section 97-zzz of the state finance law, as
2 added by section 3-a of part B of chapter 83 of the laws of 2002, is
3 amended to read as follows:
4 2. The comptroller is authorized and directed to receive for deposit
5 to the credit of the cultural education account revenues designated for
6 such deposit by law including those derived from the surcharge author-
7 ized by [the third undesignated] paragraph THREE of subdivision (a) of
8 section eight thousand eighteen of the civil practice and law and rules,
9 subparagraph b of paragraph four of subdivision (a) of section eight
10 thousand twenty-one of such law, subparagraph b of paragraph eleven of
11 subdivision (b) of section eight thousand twenty-one of such law, [and]
12 subdivision a of section 7-604[,] AND subdivision 1 of section 7-614 of
13 the administrative code of the city of New York.
14 S 6. This act shall take effect on the sixtieth day after it shall
15 have become a law.
