Bill Text: NY A10074 | 2019-2020 | General Assembly | Amended
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
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. LBD15285-02-0A. 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-18cles], 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-23tures] 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; [and26any 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 specialA. 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.