BILL NUMBER: S1490
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the civil practice law and rules and the administrative
code of the city of New York, in relation to updating the fee collected
by county clerks for deposit into the cultural education account
 
PURPOSE:
The purpose of this bill is to reinforce the Cultural Education Account,
which supports the State Museum, Archives, State Library, the Office of
Public Broadcasting and Educational Television, and other functions of
the Office of Cultural Education of the State Education Department, by
increasing the fee collected by county clerks and clerks for the city of
New York for the recording, entering, indexing, or endorsing certain
instruments from $15 to $25, and to increase the amount retained by the
county or city from $0.75 to $1.00.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends § 8018 of the Civil Practice Law and Rules to increase
the fee charged by the county clerk's office for assignment of an index
number to an action pending in a Supreme or County Court of such county
or for the recording, entering, indexing, and endorsing of a certificate
on any instrument relating to real property in such county and any
instrument required by statute to be recorded in such clerk's office,
from $15.00 to $25.00 and to increase the portion of such fee that coun-
ties are authorized to retain from seventy-five cents to $1.00. Section
2 amends subdivision a of § 7-604 of the Administrative Code of the City
of New York to similarly increase the fees charged in the City of New
York from $15 to $25 and to increase the amount to be retained by the
City from seventy-five cents to $1.00. Section 3 is the effective date.
 
JUSTIFICATION:
In 2002, the Cultural Education Account was established, and county
clerks were authorized to impose a $15.00 fee for the filing and record-
ing of various instruments to be deposited in the Cultural Education
Account. Since then, the Cultural Education Account has provided the
primary source of operational funding for the divisions of the Office of
cultural Education in the State Education Department including the State
Museum, the State Library, the State Archives, the Office of public
'Broadcasting and Educational Television, and the New York State Summer
School for the Arts. The dollar amount of the Cultural Education Account
fee has not changed since 2002, despite steady inflation that has eaten
away at the real value of the fee. This legislation would authorize a
$10 increase in the fee, which would provide an essential funding boost
to the Cultural Education Account.
The bill would also authorize county clerks to retain an additional
twenty-five cents per transaction to defray their costs in collecting
this additional surcharge.
 
LEGISLATIVE HISTORY:
2016 A6295 tourism, parks, arts, and sports development
2023-24 A8851
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The bill would take effect on the 60th day, after it becomes law.