Entitles a county clerk to a non-refundable fee of ten dollars for any document submitted for recording that requires a cover page, payable in advance; provides that no fee shall be charged for a cover page in any county clerk's office that a cover page is not authorized or required.
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to a standardized cover page fee to be charged by county clerks
PURPOSE: This bill would establish a standardized fee often dollars per cover page for any document submitted for recording in the county clerk's office in which such a fee is authorized or required.
SUMMARY OF PROVISIONS: Adds a new section 8018-a to the civil practice law and rules to authorize payment of a ten dollar cover page fee to the county clerk for any document submitted for recording that requires a cover page. No fee shall be charged for a cover page in any county clerk's office in which a cover page is not authorized or required.
JUSTIFICATION: This legislation would eliminate the confusion that currently exists as a result of different county clerk offices charging varying fees when they attach a cover page to recorded documents Equally as important, the provision of a statewide uniform cover page fee would provide revenue to enable county clerks to invest in new technologies, such as updating computers, for their offices and offset recent state actions that have reduced county clerk revenues, County clerk offices that are not authorized or required to impose a cover page fee would be exempt from the provisions of this act.
LEGISLATIVE HISTORY: S.1054 of 2009/2010; Referred to Senate Codes Committee S.50/A.3247 of 2007/2008; Referred to Senate Codes Committee S.202-A/A.2680-A of 2005/2006; Referred to Senate Codes Committee S.4966/A.9059 of 2001/2002; Referred to Senate Codes Committee S.1515/A.1909 of 2003/2004; Referred to Senate Codes Committee
FISCAL IMPLICATIONS: Additional revenue to county clerk offices.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 227 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MAZIARZ, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to a standardized cover page fee to be charged by county clerks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 8018-a to read as follows: S 8018-A. COVER PAGE FEES OF COUNTY CLERKS. (A) AMOUNT OF FEE. A COUN- TY CLERK IS ENTITLED, FOR ANY DOCUMENT SUBMITTED FOR RECORDING THAT REQUIRES A COVER PAGE, TO A NON-REFUNDABLE FEE OF TEN DOLLARS, PAYABLE IN ADVANCE. (B) EXEMPTION FROM COVER PAGE FEE. NO FEE SHALL BE CHARGED FOR A COVER PAGE IN ANY COUNTY CLERK'S OFFICE THAT A COVER PAGE IS NOT AUTHORIZED OR REQUIRED. (C) ERIE COUNTY. SUBDIVISION (A) OF THIS SECTION SHALL NOT APPLY TO THE COUNTY OF ERIE, WHERE THE COUNTY CLERK IS ENTITLED, FOR ANY DOCUMENT SUBMITTED FOR RECORDING THAT REQUIRES A COVER PAGE, TO A NON-REFUNDABLE FEE OF FIFTEEN DOLLARS, PAYABLE IN ADVANCE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01581-01-1