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L o c a l L a w F i l i n g NEWYORKSTATEDEPARTMENTOFSTATE Q 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) ^^Of Text of law should be given as amended. Do not include matier being eliminaled and do not ilalics or underlining to indicate new matter. of -C.Qr.tl&.n d \ w ' I I I County ^^^^Q2ats Local Law No. -QL ofthe year 2a-0.3- ^^-^OpfOS A local iaw Imp.o.dng..a..&p.e_Qial-io_QLQr...Yfihiale.-U3.e__£fia.ijj-.C.Qr^^^ (Inien Title) Cpuntj and,auLho^^^ yahiclfia_j3n..beJialf._oi-C.oxtland..CQunty Be it enacted by the Lagislalura ofthe (Name of Legitlative Body/ County of asfoiiows: Jown- Villagft DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) ---PAGE BREAK--- (Complete the certification In the paragraph that applies to the filing ofthis local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body oniy.) I hereby certify that the local law annexed herelo, designated as local law No. ...01 of 20----Q3 of the (County)(€4t^)(^©wi)(A4i;»^ of —-Contland was duly passed by the ...Lagislatune.. on-OXLZZ 20---Q?in accordance with the applicable provisions oflaw. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective ChiefExecutive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 ofthe (County)(City)(Town)(Village) of - - was duly passed by the on 20 — , and was (approved)(nol approved)(repassed after (Name of Legislative Body) disapproval) by the - and was deemed duly adopted on 20—, lElective Chief Executive Officer*) in accordance with the applicable provisions oflaw. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designaied as local law No. r — of 20 of the (County)(Cily)(Town)(Village) of - was duly passed by the - - on 20— , and was (approved)(not approved)(repassed after iName of Legislalive Body) disapproval) by the - on 20 Such local law was submitted (Elective Chief Executive Officer') to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon al the (general)(special)(annual) eleciion held on 20-— , in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designaied as local law No. — - of 20 of the (County)(City)(Town)(Village) of - - was duly passed by the — - — on 20— , and was (approved)(not approved)(repassed after (Name of Legislative Bodyi disapproval) by the on Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer ofa county elected on a county- wide basis or, ifthere be none, the chairpei^on ofthe county legislative body, the mayor ofa city or village, or the supervisor ofa town where such officer is vested with the power to approve or veto local laws or ordinances. ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the iocal law annexed hereto, designated as local law No. of 20 of the City of - having been submitted to referendum pursuant to the provisions of section (36)(37) oflhe Municipal Home Rule Law, and having received the affirmative vole ofa majority ofthe qualified electors of such city voting thereon at the (special)(general) election held on 20—, became operalive. 6. (County local law concerning adoption ofCharter.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 2 0 — , pursuant to subdivisions 5 and 7 ofsection 33 of the Municipal Home Rule Law, and having received the affirmative vole ofa majority ofthe qualified electors ofthe cit- ies of said county as a unit and a majoriiy of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form offinai adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph 3 , above. Clerk of the County legislative body, City, Town or Villag^Icrk or officer designated by local legislative body (Seal) pat^- January 27, 2003 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney oflocality.) STATE OF NEW YORK COUNTY OF Cortland I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or laken for the enactment ofthe Iocai law annexed hereto. County Attorney Titl County ^ ^ l . ^ of Cortland Village Date: January 27th. 2003 ---PAGE BREAK--- LocalLawNo. 1 of the Year 2003 A local law imposing a special motor vehicle use fee in Cortland County and authorizing the collection of said fee by the Commissioner of the New York State Department of Motor Vehicles on behalf of Cortland County Be it enacted by the Legislature ofthe County of Cortland as follows: SECTION 1. LEGISLATIVE INTENT The Cortland County Legislature hereby fmds and determines that the New York State Tax Laws allow the Commissioner of the New York State Department of Motor Vehicles to collect a special Motor Vehicle Use Fee imposed by the County. The Cortland County Legislature further finds and determines that imposing a local fee on the vehicles registered in Cortland County will generate additional revenues for the County. Therefore, the purpose ofthis law is to impose a special Motor Vehicle Use Fee on vehicle registration and authorize the collection of said fee by the New York State Department of Motor Vehicles. SECTION 2, DEFINITIONS A. "Passenger Motor Vehicle" - Any motor vehicle subject to the registration fee as provided for in Section 401 subdivision six of the Vehicle and Traffic Law, as amended. B. "Buses" - The term buses shall have the same meaning as defmed in Section 104 of the Vehicle and Traffic Law, as amended. C. "Truck" - The term truck shall have the same meaning as defined in Section 158 of the Vehicle and Traffic Law, as amended. ---PAGE BREAK--- SECTION 3. IMPOSITION OF USE FEE A. Pursuant to the Vehicle and Traffic Law and Section 1202(c) of the Tax Law, a special Motor Vehicle Use Fee on vehicle registrations is hereby imposed on motor vehicles registered within Cortland County. Such fee shall be charged in accordance with the following schedule: 1. A fee of five dollars ($5.00) per year for passenger motor vehicles of a type commonly used for non-commercial purposes ovmed by residents of Cortland County, and weighing thirty-five hundred pounds or less. 2. A fee of ten dollars 10.00) per year for passenger motor vehicles of a type commonly used for non-commercial purposes owned by residents of Cortland County, and weighing more than thirty-five hundred pounds. 3. A fee of ten dollars ($10.00) per year for trucks, buses, and other such commercial motor vehicles used principally in cormection with business carried on within Cortland County, except when owned and used in connection with the operation of a farm by the owner or tenant thereof. B. The fee shall be paid for all registrations and renewals of registrations for which the registration fee is established in Section 401(6) or 401(7) of the Vehicle and Traffic Law. 1. The fee shall be applicable to an original or renewal registration transaction only, and not to a re-registration transaction. If a fee for a registration transaction is due, no County Motor Vehicle Use Fee shall be due on that transaction. ---PAGE BREAK--- 2. The applicability of such fee shall be determined based upon the information on the application for registration, as well as any additional documentation required by the Commissioner of Motor Vehicles. 3. The receipt for payment ofsuch fee may be the registration certificate, whether or not it indicates the amount of the fee paid. SECTION 4. EXEMPTIONS A. A fee imposed by this local law shall not be imposed upon any vehicle exempt from the registration fee pursuant to the Vehicle and Traffic Law. B. The fee imposed by this local law shall not be imposed upon not-for-profit, religious, charitable or educational organizations qualified for exemption with the New York State Department of Taxation and Finance. SECTION 5. ADMINISTRATION AND COLLECTION OF FEE BY COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES A. As authorized under Tax Law Section 1202(c), the Motor Vehicle Use Fee shall be administered and collected on behalf of Cortland County by the Commissioner of the New York State Department of Motor Vehicles or his agent. B. Pursuant to Tax Law Section 1202 the New York State Commissioner of Motor Vehicles is authorized, on behalf of Cortland County, to make the payment of such fee a condition precedent to the registration or registration renewal of any vehicle subject to the fee imposed by this local law. C. The Chairperson of the Cortland County Legislature is hereby authorized and ---PAGE BREAK--- directed to negotiate and enter into an agreement with the Commissioner of the New York State Department of Motor Vehicles for the implementation of this local law, and such agreement shall provide for the exclusive method of collection, custody and remittal ofthe proceeds of any such fee and for the payment by the County of the reasonable expenses incurred by the New York State Department of Motor Vehicles in connection with the collection and administration of said fee. Such agreement shall also provide that the Cortland County Treasurer, upon request, not more frequently than once in each calendar year, at a time agreed upon by the State Comptroller, shall audit the accuracy ofthe payments, distributions and remittances to Cortland County pursuant to this local law. D. The said agreement shall set forth, in detail, policies and procedures for collection, for underpayment, and for refunds. Such agreements shall also set forth procedures for deposit and retention of fimds and indemnification. SECTION 6. JUDICIAL REVIEW Any determination made hereunder by the County of Cortland shall be reviewable pursuant to Article 78 ofthe Civil Practice Law and Rules. SECTION?. RECOVERY OF FEE Whenever any person fails to pay the fee due hereunder, proceedings to recover such fees, as well as any applicable penalties and/or interest, shall be the responsibility of Cortland County, as set forth in the agreement. A final penalty schedule shall be subject to the approval of the Cortland County Legislature. SECTIONS. SEVERABILITY ---PAGE BREAK--- If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order of judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part ofthis law, or in its application to the person, mdividual, corporation, firm, partnership, entity, or circumstance, directly involved in the controversy in which suchjudgment or order shall be rendered. SECTION 9. EFFECTIVEDATE This local law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully and it has been duly filed as provided by the Municipal Home Rule Law. ---PAGE BREAK--- ON MOTION OF MR. DWYER RESOLUTION NO. 40-03 ADOPT LOCAL LAW NO 1 FOR THE YEAR 2003 SPECLVL MOTOR VEHICLE USE FEE WHEREAS, proposed Local Law No. 1 for the 2003 imposes a special motor vehicle use fee in Cortland County and authorizes the collection of said fee by the Commissioner ofthe New York State Department of Motor Vehicles on behalf of Cortland County, AND WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof required by law, NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 1 for the year 2003 shall take effect upon filing as required by law. STATE OF NEW YORK } SS: COUNTY OF CORTLAND } This is to certify that I, the undersigned, Clerk of the Cortland County Legislature of the County of Cortland have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Cortland County Legislature of said county on the 22nd day of January 2003 and that the sanne is a correct and true transcript of such original resolution and of the whole thereof. IN WITNESS WHEREOF t have hereunto set nny hand and the offtciat seal of fhe CORTLAND COUNTY LEGISLATURE, mis _22n.d^ay of _j^unry 20Q3 ^ Clerk of the