Bill Text: NY A10074 | 2019-2020 | General Assembly | Amended

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Bill Title: Pays drug-impaired driving surcharges to counties for programs and initiatives to reduce drug-impaired driving incidences.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-07-09 - print number 10074a [A10074 Detail]

Download: New_York-2019-A10074-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10074--A

                   IN ASSEMBLY

                                      March 6, 2020
                                       ___________

        Introduced  by M. of A. LUPARDO, JAFFEE, McDONALD, SAYEGH, SIMON, ASHBY,
          CROUCH, GIGLIO, B. MILLER, FINCH, BUTTENSCHON, GRIFFIN --  Multi-Spon-
          sored  by  -- M. of A. HAWLEY, HEVESI -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law, in relation to paying drug-
          impaired  driving surcharges to counties to reduce drug-impaired driv-
          ing incidences

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
     2  cle  and  traffic  law, as separately amended by chapters 196 and 688 of
     3  the laws of 1996 and subparagraph 3 as amended by  chapter  345  of  the
     4  laws of 2007, is amended to read as follows:
     5    (a)  Where  a county establishes a special traffic options program for
     6  driving while intoxicated, pursuant to this section,  it  shall  receive
     7  fines and forfeitures collected by any court, judge, magistrate or other
     8  officer  within  that  county,  including,  where appropriate, a hearing
     9  officer acting  on  behalf  of  the  commissioner[,]:  (1)  imposed  for
    10  violations  of subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
    11  sion two or subparagraph (i) of paragraph (a) of  subdivision  three  of
    12  section  five  hundred eleven of this chapter; (2) imposed in accordance
    13  with the provisions of section eleven  hundred  ninety-three  and  civil
    14  penalties  imposed pursuant to subdivision two of section eleven hundred
    15  ninety-four-a of this article, including, where appropriate,  a  hearing
    16  officer  acting  on  behalf  of  the  commissioner,  from  violations of
    17  sections eleven hundred  ninety-two,  eleven  hundred  ninety-two-a  and
    18  findings  made  under section eleven hundred ninety-four-a of this arti-
    19  cle; and  (3)  imposed  upon  a  conviction  for:  aggravated  vehicular
    20  assault,  pursuant  to  section  120.04-a  of  the  penal law; vehicular
    21  assault in the first degree, pursuant to section  120.04  of  the  penal
    22  law;  vehicular assault in the second degree, pursuant to section 120.03
    23  of the penal law; aggravated vehicular  homicide,  pursuant  to  section
    24  125.14  of  the  penal  law; vehicular manslaughter in the first degree,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15285-02-0
        A. 10074--A                         2

     1  pursuant to section 125.13 of the penal law; and vehicular  manslaughter
     2  in  the  second  degree, pursuant to section 125.12 of the penal law, as
     3  provided in section eighteen hundred three of this chapter. In addition,
     4  any  surcharges imposed pursuant to sections eighteen hundred nine-c and
     5  eighteen hundred nine-e of this chapter shall be paid to such county  in
     6  such manner and for such purposes as provided for in such sections. Upon
     7  receipt  of  these  moneys,  the county shall deposit them in a separate
     8  account entitled "special traffic  options  program  for  driving  while
     9  intoxicated"  and  they  shall  be under the exclusive care, custody and
    10  control of the chief fiscal officer of each county participating in  the
    11  program.
    12    §  2. Subdivision 9 of section 1803 of the vehicle and traffic law, as
    13  amended by chapter 196 of the laws of 1996 and the opening paragraph  as
    14  amended  by  chapter  345  of  the  laws  of 2007, is amended to read as
    15  follows:
    16    9. Where a county establishes a special traffic  options  program  for
    17  driving  while intoxicated, approved by the commissioner [of motor vehi-
    18  cles], pursuant to section eleven hundred ninety-seven of this  chapter,
    19  all  fines,  penalties and forfeitures: (a) imposed and collected [from]
    20  for violations of subparagraphs (ii)  and  (iii)  of  paragraph  (a)  of
    21  subdivision  two  or  subparagraph  (i)  of paragraph (a) of subdivision
    22  three of section five hundred eleven[, all fines, penalties and  forfei-
    23  tures]  of  this  chapter;  (b) imposed and collected in accordance with
    24  section eleven hundred ninety-three of this chapter [collected from] for
    25  violations of section eleven hundred ninety-two of  this  chapter;  [and
    26  any  fines or forfeitures] (c) collected by any court, judge, magistrate
    27  or other officer imposed upon a  conviction  for:  aggravated  vehicular
    28  assault,  pursuant  to  section  120.04-a  of  the  penal law; vehicular
    29  assault in the first degree, pursuant to section  120.04  of  the  penal
    30  law;  vehicular assault in the second degree, pursuant to section 120.03
    31  of the penal law; aggravated vehicular  homicide,  pursuant  to  section
    32  125.14  of  the  penal  law; vehicular manslaughter in the first degree,
    33  pursuant to section 125.13 of the penal law; and vehicular  manslaughter
    34  in  the  second degree, pursuant to section 125.12 of the penal law; and
    35  (d) civil penalties imposed pursuant to subdivision two of section elev-
    36  en hundred ninety-four-a of this chapter, shall be paid to such  county.
    37  In  addition,  any  surcharges  imposed  pursuant  to  sections eighteen
    38  hundred nine-c and eighteen hundred nine-e of this chapter shall be paid
    39  to such county in such manner and for such purposes as provided  for  in
    40  such sections.
    41    [(a)]  (e)  Any  such  fine,  penalty,  or forfeiture collected by any
    42  court, judge, magistrate or other officer referred to in subdivision one
    43  of section thirty-nine of the  judiciary  law,  establishing  a  unified
    44  court  budget, shall be paid to that county within the first ten days of
    45  the month following collection.
    46    [(b)] (f) Any such fine, penalty, or forfeiture collected by any other
    47  court, judge, magistrate or other officer, including, where appropriate,
    48  a hearing officer acting on behalf of the commissioner, shall be paid to
    49  the state comptroller within the first ten days of the  month  following
    50  collection.  Every  such payment to the comptroller shall be accompanied
    51  by a statement in such form and detail as the comptroller shall provide.
    52  The comptroller shall pay  these  funds  to  the  county  in  which  the
    53  violation occurs.
    54    [(c)]  (g) Upon receipt of any monies referred to in this section, the
    55  county shall deposit them in a separate account entitled "special  traf-
    56  fic options program for driving while intoxicated".
        A. 10074--A                         3

     1    § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
     2  law, as added by section 37 of part J of chapter 62 of the laws of 2003,
     3  are amended to read as follows:
     4    1. Notwithstanding any other provision of law, whenever proceedings in
     5  a  court of this state result in a conviction pursuant to section eleven
     6  hundred ninety-two of this chapter or subparagraphs (ii)  and  (iii)  of
     7  paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
     8  subdivision  three of section five hundred eleven of this chapter, there
     9  shall be levied, in addition to any sentence or other surcharge required
    10  or permitted by law, an additional surcharge of twenty-five dollars.
    11    2. The additional surcharge provided for in subdivision  one  of  this
    12  section  shall  be  paid  to  the  clerk  of the court that rendered the
    13  conviction. Within the first ten days of the month following  collection
    14  of  the surcharge the collecting authority shall determine the amount of
    15  surcharge collected and it shall pay such money to the state comptroller
    16  who shall deposit such money in the state treasury pursuant  to  section
    17  one  hundred  twenty-one  of  the state finance law to the credit of the
    18  general fund; provided, however, commencing on April first, two thousand
    19  twenty-one, all such moneys shall be paid to counties pursuant to subdi-
    20  vision one of section eleven hundred ninety-seven of  this  chapter  and
    21  shall  be  used by each such county for programs and initiatives specif-
    22  ically designed and established to reduce the incidence of drug-impaired
    23  driving.
    24    § 4. Paragraph b of subdivision 1 and subdivision 2 of section  1809-e
    25  of  the  vehicle  and  traffic  law, as added by section 1 of part EE of
    26  chapter 56 of the laws of 2008, are amended to read as follows:
    27    b. Notwithstanding any other provision of law, whenever proceedings in
    28  a court of this state result in a conviction pursuant to section  eleven
    29  hundred  ninety-two  of  this chapter or subparagraphs (ii) and (iii) of
    30  paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
    31  subdivision three of section five hundred eleven of this chapter,  there
    32  shall be levied, in addition to any sentence or other surcharge required
    33  or  permitted  by  law,  an  additional surcharge of one hundred seventy
    34  dollars.
    35    2. The additional surcharges provided for in subdivision one  of  this
    36  section shall be paid to the clerk of the court or administrative tribu-
    37  nal that rendered the conviction. Within the first ten days of the month
    38  following  collection of such surcharges, the collecting authority shall
    39  pay such money to the state comptroller to be deposited to  the  general
    40  fund;  provided,  however, commencing on April first, two thousand twen-
    41  ty-two, fifty percent of such surcharge shall be paid to the state comp-
    42  troller to be deposited to the general fund and fifty  percent  of  such
    43  surcharge  shall  be  paid  to  counties  pursuant to subdivision one of
    44  section eleven hundred ninety-seven of this chapter and shall be used by
    45  each such county for programs and initiatives specifically designed  and
    46  established  to  reduce  the  incidence  of  drug-impaired  driving; and
    47  provided further, commencing April first, two thousand twenty-three  and
    48  every  fiscal  year  thereafter,  one  hundred percent of such surcharge
    49  shall be paid to counties pursuant to subdivision one of section  eleven
    50  hundred  ninety-seven  of  this  chapter  and shall be used by each such
    51  county for programs and initiatives  specifically  designed  and  estab-
    52  lished to reduce the incidence of drug-impaired driving.
    53    §  5. The commissioner of motor vehicles shall annually certify to the
    54  division of the budget that  all  program  plans  eligible  for  funding
    55  pursuant  to  this  act  are  in  full compliance with the provisions of
    56  section 1197 of the vehicle and traffic  law  establishing  the  special
        A. 10074--A                         4

     1  traffic options program for driving while intoxicated, the rules promul-
     2  gated  pursuant  to  15  NYCRR  172  relating  to  such  program and the
     3  provisions of this act.
     4    § 6. This act shall take effect April 1, 2021.