427 - Disposition of registration fees.

§ 427. Disposition  of registration fees. 1. The commissioner of motor  vehicles shall deposit all fees collected under this chapter, except  as  otherwise provided in subdivision twenty-one of section four hundred one  of  this  chapter, in a responsible bank, banking house or trust company  in the city of Albany, which shall pay the highest rate of  interest  to  the  state for such deposit, to the credit of the comptroller on account  of the motor vehicle law.  Every  such  bank,  banking  house  or  trust  company  shall execute and file in the office of the department of audit  and control an undertaking to the state,  in  the  sum,  and  with  such  sureties,  as  are required and approved by the comptroller for the safe  keeping and prompt payment on legal demand therefor of all  such  moneys  held  by  or  on  deposit in such bank, banking house, or trust company,  with interest thereon on daily balances at such rate as the  comptroller  may  fix.  Every such undertaking shall have endorsed thereon or annexed  thereto the approval  of  the  attorney-general  as  to  its  form.  The  comptroller  shall on the first day of each month make a verified return  to the department of taxation and finance, of all fees received  by  him  under  this  chapter  during the preceding calendar months, stating from  what county received and by whom and when paid.    2. The comptroller, after reserving sufficient to provide at all times  a fund in his hands of five thousand dollars out of which he  shall  pay  any  refund under this chapter, approved by him and by the commissioner,  shall on or before the tenth day of each month pay to the department  of  taxation  and  finance  the  balance to his credit in such bank, banking  house or trust company, on account of fees collected under this  chapter  at the close of business on the last day of the preceding month and such  department  shall  pay  such  balance into the general fund of the state  treasury.    3. An amount equal to ninety per  centum  of  the  fees  specified  in  subdivision  two  of this section shall be appropriated and used for the  construction, reconstruction, maintenance and  repair  of  highways  and  bridges,  under  the  direction of the department of transportation; and  for inspection, regulation, and research in the control of motor vehicle  exhaust emissions under the direction of the department of environmental  conservation. The amount available for control of motor vehicle  exhaust  emissions  from  said  ninety  per centum of the fees collected shall be  computed at the rate of five cents per registration issued and shall  be  available  for  payment  to  the  state  purposes  fund for repayment of  advances made in the first instance from that fund for control of  motor  vehicle emissions.