Bill Text: NY S00567 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions; establishes an impaired driving safety fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00567 Detail]

Download: New_York-2019-S00567-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           567
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to distribution
          of certain mandatory surcharges imposed  for  alcohol-related  traffic
          convictions; and to amend the state finance law, in relation to estab-
          lishing an impaired driving safety fund
          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, paragraph
    14  (f) of subdivision seven of section eleven hundred ninety-six,  subdivi-
    15  sion  nine  of  section eleven hundred ninety-eight, and civil penalties
    16  imposed pursuant to subdivision two of section  eleven  hundred  ninety-
    17  four-a  of this article, including, where appropriate, a hearing officer
    18  acting on behalf of the commissioner, from violations of sections eleven
    19  hundred ninety-two, eleven hundred ninety-two-a and findings made  under
    20  section  eleven  hundred  ninety-four-a of this article; and (3) imposed
    21  upon a conviction for: aggravated vehicular assault, pursuant to section
    22  120.04-a of the penal law; vehicular assault in the first degree, pursu-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05490-02-9

        S. 567                              2
     1  ant to section 120.04 of the penal law; vehicular assault in the  second
     2  degree,  pursuant to section 120.03 of the penal law; aggravated vehicu-
     3  lar homicide, pursuant to section 125.14 of  the  penal  law;  vehicular
     4  manslaughter  in  the  first  degree,  pursuant to section 125.13 of the
     5  penal law; and vehicular manslaughter in the second degree, pursuant  to
     6  section 125.12 of the penal law, as provided in section eighteen hundred
     7  three  of  this  chapter. Upon receipt of these moneys, the county shall
     8  deposit them in a separate account  entitled  "special  traffic  options
     9  program  for  driving  while  intoxicated,"  and they shall be under the
    10  exclusive care, custody, and control of the chief fiscal officer of each
    11  county participating in the program.
    12    § 2. The opening paragraph of subdivision 9 of  section  1803  of  the
    13  vehicle  and traffic law, as amended by chapter 345 of the laws of 2007,
    14  is amended to read as follows:
    15    Where a county establishes a special traffic options program for driv-
    16  ing while intoxicated, approved by the commissioner [of motor vehicles],
    17  pursuant to section eleven hundred ninety-seven  of  this  chapter,  all
    18  fines,  penalties  and forfeitures: (a) imposed and collected [from] for
    19  violations of subparagraphs (ii) and (iii) of paragraph (a) of  subdivi-
    20  sion  two  or  subparagraph (i) of paragraph (a) of subdivision three of
    21  section five hundred eleven[, all fines, penalties and  forfeitures]  of
    22  this chapter; (b) imposed and collected in accordance with section elev-
    23  en  hundred ninety-three of this chapter [collected from] for violations
    24  of section eleven hundred ninety-two of this chapter; [and any fines  or
    25  forfeitures]  (c)  imposed and collected for violations of paragraph (f)
    26  of subdivision seven of section eleven hundred ninety-six of this  chap-
    27  ter  or  for  violations  of  subdivision nine of section eleven hundred
    28  ninety-eight of this chapter; (d) collected by any court, judge,  magis-
    29  trate or other officer imposed upon a conviction for: aggravated vehicu-
    30  lar  assault,  pursuant  to section 120.04-a of the penal law; vehicular
    31  assault in the first degree, pursuant to section  120.04  of  the  penal
    32  law;  vehicular assault in the second degree, pursuant to section 120.03
    33  of the penal law; aggravated vehicular  homicide,  pursuant  to  section
    34  125.14  of  the  penal  law; vehicular manslaughter in the first degree,
    35  pursuant to section 125.13 of the penal law; and vehicular  manslaughter
    36  in  the  second degree, pursuant to section 125.12 of the penal law; and
    37  (e) civil penalties imposed pursuant to subdivision two of section elev-
    38  en hundred ninety-four-a of this chapter, shall be paid to such county.
    39    § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
    40  law, as added by section 37 of part J of chapter 62 of the laws of 2003,
    41  are amended to read as follows:
    42    1. Notwithstanding any other provision of law, whenever proceedings in
    43  a court of this state result in a conviction pursuant to:   (a)  section
    44  eleven  hundred  ninety-two  of this chapter; (b) subparagraphs (ii) and
    45  (iii) of paragraph (a) of subdivision two or subparagraph (i)  of  para-
    46  graph  (a)  of  subdivision three of section five hundred eleven of this
    47  chapter; (c) paragraph  (f)  of  subdivision  seven  of  section  eleven
    48  hundred  ninety-six  of this chapter; or (d) subdivision nine of section
    49  eleven hundred ninety-eight of this chapter, there shall be  levied,  in
    50  addition  to  any  sentence  or other surcharge required or permitted by
    51  law, an additional surcharge of twenty-five dollars.
    52    2. The additional surcharge provided for in subdivision  one  of  this
    53  section  shall  be  paid  to  the  clerk  of the court that rendered the
    54  conviction. Within the first ten days of the month following  collection
    55  of  the surcharge the collecting authority shall determine the amount of
    56  surcharge collected and it shall pay such money to the state comptroller

        S. 567                              3
     1  who shall deposit such money in the state treasury pursuant  to  section
     2  one  hundred  twenty-one  of  the state finance law to the credit of the
     3  general fund; provided, however, commencing on the first day  of  April,
     4  two  thousand  twenty, the state comptroller shall deposit fifty percent
     5  of such money to the credit of the impaired driving safety fund pursuant
     6  to section eighty-nine-j of the state finance law and such  money  shall
     7  be  distributed  in  accordance with the provisions of such section; and
     8  commencing on the first day of April, two thousand twenty-one and  every
     9  fiscal  year  thereafter,  the  state comptroller shall deposit all such
    10  money to the credit of the impaired  driving  safety  fund  pursuant  to
    11  section  eighty-nine-j  of the state finance law and such money shall be
    12  distributed in accordance with the provisions of such section.
    13    § 4. Paragraph b of subdivision 1 and subdivision 2 of section  1809-e
    14  of  the  vehicle  and  traffic  law, as added by section 1 of part EE of
    15  chapter 56 of the laws of 2008, are amended to read as follows:
    16    b. Notwithstanding any other provision of law, whenever proceedings in
    17  a court of this state result in a conviction pursuant  to:  (1)  section
    18  eleven  hundred  ninety-two  of this chapter; (2) subparagraphs (ii) and
    19  (iii) of paragraph (a) of subdivision two or subparagraph (i)  of  para-
    20  graph  (a)  of  subdivision three of section five hundred eleven of this
    21  chapter; (3) paragraph  (f)  of  subdivision  seven  of  section  eleven
    22  hundred  ninety-six  of this chapter; or (4) subdivision nine of section
    23  eleven hundred ninety-eight of this chapter, there shall be  levied,  in
    24  addition  to  any  sentence  or other surcharge required or permitted by
    25  law, an additional surcharge of one hundred seventy dollars.
    26    2. The additional surcharges provided for in subdivision one  of  this
    27  section shall be paid to the clerk of the court or administrative tribu-
    28  nal that rendered the conviction. Within the first ten days of the month
    29  following  collection of such surcharges, the collecting authority shall
    30  pay such money to the state comptroller to be deposited to  the  general
    31  fund; provided, however, commencing on the first day of April, two thou-
    32  sand  twenty,  the state comptroller shall deposit fifty percent of such
    33  money to the credit of the impaired  driving  safety  fund  pursuant  to
    34  section  eighty-nine-j  of the state finance law and such money shall be
    35  distributed in accordance with  the  provisions  of  such  section;  and
    36  commencing  on the first day of April, two thousand twenty-one and every
    37  fiscal year thereafter, the state comptroller  shall  deposit  all  such
    38  money  to  the  credit  of  the impaired driving safety fund pursuant to
    39  section eighty-nine-j of the state finance law and such money  shall  be
    40  distributed in accordance with the provisions of such section.
    41    §  5. The state finance law is amended by adding a new section 89-j to
    42  read as follows:
    43    § 89-j. Impaired driving safety fund. 1. There is  hereby  established
    44  in  the  custody  of  the comptroller, a special fund to be known as the
    45  "impaired driving safety fund".
    46    2. Such fund shall consist of all moneys received by the state for the
    47  collection of surcharges imposed pursuant to sections  eighteen  hundred
    48  nine-c  and  eighteen  hundred nine-e of the vehicle and traffic law and
    49  all other grants, bequests or other  moneys  appropriated,  credited  or
    50  transferred thereto from any other fund or source pursuant to law.
    51    3.    Thirty-three percent, but not more than three million dollars of
    52  moneys in the impaired driving safety fund shall be  made  available  to
    53  the  office  of  probation  and  correctional alternatives for the costs
    54  associated with monitoring persons subject  to  the  ignition  interlock
    55  program as set forth in section eleven hundred ninety-eight of the vehi-
    56  cle  and traffic law, and sixty-seven percent of such money in such fund

        S. 567                              4
     1  shall be made available to the department of motor vehicles for distrib-
     2  ution for services  and  expenses  related  to  county  special  traffic
     3  options programs for driving while intoxicated pursuant to section elev-
     4  en  hundred  ninety-seven  of  the vehicle and traffic law, and an allo-
     5  cation plan subject to the approval of the director of  the  budget.  In
     6  the  event  that  the  thirty-three percent of such moneys exceeds three
     7  million dollars, the remainder shall accrue to the department  of  motor
     8  vehicles for distribution to county special traffic options programs for
     9  driving  while  intoxicated  in  accordance  with the provisions of this
    10  subdivision.
    11    4. The moneys of the fund shall be paid out on the audit  and  warrant
    12  of the comptroller on vouchers certified or approved by the commissioner
    13  of  the  division  of  criminal  justice services or the commissioner of
    14  motor vehicles, as applicable, including advance of funds, if necessary,
    15  for costs incurred by a county for monitoring  persons  subject  to  the
    16  ignition interlock program. At the end of each year any moneys remaining
    17  in  the  fund shall be retained in the fund exclusively for the purposes
    18  set forth herein and shall not revert to the general fund. The  interest
    19  and  income  earned  on  moneys  in  the fund after deducting applicable
    20  charges shall be credited to the fund.
    21    § 6. This act shall take effect on the first of November next succeed-
    22  ing the date on which it shall have become a law.
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