Bill Text: NY S04909 | 2009-2010 | General Assembly | Amended
Bill Title: Establishes a mandatory surcharge for traffic offenses and infractions in Suffolk and Nassau counties; funds received by the counties as a result of the surcharge pay for additional patroling by the state police on the Long Island expressway and portions of sunrise highway.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-11 - REPORTED AND COMMITTED TO FINANCE [S04909 Detail]
Download: New_York-2009-S04909-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4909--E
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sens. FOLEY, C. JOHNSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation --
reported favorably from said committee and committed to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Transportation in accordance with Senate Rule 6, sec. 8
-- reported favorably from said committee and committed to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the vehicle and traffic law and the state finance law,
in relation to a mandatory surcharge for traffic offenses and infrac-
tions in Suffolk and Nassau counties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1809-f to read as follows:
3 S 1809-F. MANDATORY SURCHARGE REQUIRED FOR TRAFFIC OFFENSES AND
4 INFRACTIONS IN SUFFOLK AND NASSAU COUNTIES. 1. WHENEVER PROCEEDINGS THAT
5 ARE ADJUDICATED IN A COURT OR IN AN ADMINISTRATIVE TRIBUNAL IN THE COUN-
6 TIES OF SUFFOLK OR NASSAU RESULT IN A CONVICTION FOR A CRIME UNDER THIS
7 CHAPTER OR A TRAFFIC INFRACTION UNDER THIS CHAPTER, OR A LOCAL LAW,
8 ORDINANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER, THERE
9 SHALL BE LEVIED A MANDATORY SURCHARGE, IN ADDITION TO ANY SENTENCE OR
10 SURCHARGE REQUIRED OR PERMITTED BY LAW, IN THE AMOUNT OF FIFTY DOLLARS.
11 2. THE ADDITIONAL SURCHARGES PROVIDED FOR IN SUBDIVISION ONE OF THIS
12 SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06131-25-0
S. 4909--E 2
1 NAL THAT RENDERED THE CONVICTION. WITHIN THE FIRST TEN DAYS OF THE MONTH
2 FOLLOWING COLLECTION OF SUCH SURCHARGES, THE COLLECTING AUTHORITY SHALL
3 PAY SUCH MONEY TO THE STATE COMPTROLLER TO BE DEPOSITED IN THE LONG
4 ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND ESTABLISHED BY SECTION
5 NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
6 3. THE PROVISIONS OF SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN,
7 SUBDIVISION THREE OF SECTION FIVE HUNDRED FOURTEEN AND SUBDIVISION THREE
8 OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER GOVERNING ACTIONS
9 WHICH MAY BE TAKEN FOR FAILURE TO PAY A FINE OR PENALTY SHALL BE APPLI-
10 CABLE TO THE ADDITIONAL SURCHARGE IMPOSED PURSUANT TO THIS SECTION.
11 S 2. The state finance law is amended by adding a new section 97-jjjj
12 to read as follows:
13 S 97-JJJJ. LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND. 1.
14 THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER, A SPECIAL
15 FUND TO BE KNOWN AS THE "LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY
16 PATROL FUND".
17 2. SUCH FUND SHALL CONSIST OF ALL MONIES RECEIVED BY THE STATE PURSU-
18 ANT TO SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC LAW
19 AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONIES APPROPRIATED, CREDITED OR
20 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
21 3. MONIES IN THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL
22 FUND SHALL BE KEPT SEPARATE AND APART AND SHALL NOT BE COMMINGLED WITH
23 ANY OTHER MONIES IN THE CUSTODY OF THE COMPTROLLER AND SHALL ONLY BE
24 EXPENDED HEREIN AND IN SUCH AMOUNTS AS REQUESTED BY ELIGIBLE MUNICI-
25 PALITIES AND AS APPROVED BY THE STATE COMPTROLLER. MUNICIPALITIES SHALL
26 ONLY BE ELIGIBLE FOR REIMBURSEMENT OF FUNDS EQUIVALENT TO SUCH MUNICI-
27 PALITY'S DEPOSITS INTO THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY
28 PATROL FUND.
29 4. THE MONIES RECEIVED BY SUCH FUND SHALL ONLY BE ALLOCATED TO OFFSET
30 THE COSTS OF MAINTAINING PATROL ON THE LONG ISLAND EXPRESSWAY AND
31 SUNRISE HIGHWAY BY THE NASSAU COUNTY POLICE DEPARTMENT AND TO OFFSET THE
32 COSTS OF RESTORING PATROL ON THE LONG ISLAND EXPRESSWAY AND SUNRISE
33 HIGHWAY BY THE SUFFOLK COUNTY POLICE DEPARTMENT. ANY TOWN, VILLAGE OR
34 CITY POLICE DEPARTMENT SHALL PATROL WHERE THEY PREVIOUSLY, OR CURRENTLY
35 PATROL ON THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY. IN THE COUN-
36 TIES OF SUFFOLK AND NASSAU, A PROPORTION OF SAID FUNDS SHALL BE DISTRIB-
37 UTED TO THE TOWNS, VILLAGES AND CITIES WITHIN SAID COUNTIES WHICH HAVE
38 ESTABLISHED POLICE DEPARTMENTS.
39 S 3. This act shall take effect immediately.
