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BILL NUMBER:S227

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.

Text

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