Bill Text: NY A00909 | 2017-2018 | 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 (Democrat 2-0)
Status: (Introduced - Dead) 2018-03-08 - print number 909a [A00909 Detail]
Download: New_York-2017-A00909-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 909 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee 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- 23 ant to section 120.04 of the penal law; vehicular assault in the second EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02167-01-7A. 909 2 1 degree, pursuant to section 120.03 of the penal law; aggravated vehicu- 2 lar homicide, pursuant to section 125.14 of the penal law; vehicular 3 manslaughter in the first degree, pursuant to section 125.13 of the 4 penal law; and vehicular manslaughter in the second degree, pursuant to 5 section 125.12 of the penal law, as provided in section eighteen hundred 6 three of this chapter. Upon receipt of these moneys, the county shall 7 deposit them in a separate account entitled "special traffic options 8 program for driving while intoxicated," and they shall be under the 9 exclusive care, custody, and control of the chief fiscal officer of each 10 county participating in the program. 11 § 2. The opening paragraph of subdivision 9 of section 1803 of the 12 vehicle and traffic law, as amended by chapter 345 of the laws of 2007, 13 is amended to read as follows: 14 Where a county establishes a special traffic options program for driv- 15 ing while intoxicated, approved by the commissioner [of motor vehicles], 16 pursuant to section eleven hundred ninety-seven of this chapter, all 17 fines, penalties and forfeitures: (a) imposed and collected [from] for 18 violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivi- 19 sion two or subparagraph (i) of paragraph (a) of subdivision three of 20 section five hundred eleven[, all fines, penalties and forfeitures] of 21 this chapter; (b) imposed and collected in accordance with section elev- 22 en hundred ninety-three of this chapter [collected from] for violations 23 of section eleven hundred ninety-two of this chapter; [and any fines or24forfeitures] (c) imposed and collected for violations of paragraph (f) 25 of subdivision seven of section eleven hundred ninety-six of this chap- 26 ter or for violations of subdivision nine of section eleven hundred 27 ninety-eight of this chapter; (d) collected by any court, judge, magis- 28 trate or other officer imposed upon a conviction for: aggravated vehicu- 29 lar assault, pursuant to section 120.04-a of the penal law; vehicular 30 assault in the first degree, pursuant to section 120.04 of the penal 31 law; vehicular assault in the second degree, pursuant to section 120.03 32 of the penal law; aggravated vehicular homicide, pursuant to section 33 125.14 of the penal law; vehicular manslaughter in the first degree, 34 pursuant to section 125.13 of the penal law; and vehicular manslaughter 35 in the second degree, pursuant to section 125.12 of the penal law; and 36 (e) civil penalties imposed pursuant to subdivision two of section elev- 37 en hundred ninety-four-a of this chapter, shall be paid to such county. 38 § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic 39 law, as added by section 37 of part J of chapter 62 of the laws of 2003, 40 are amended to read as follows: 41 1. Notwithstanding any other provision of law, whenever proceedings in 42 a court of this state result in a conviction pursuant to: (a) section 43 eleven hundred ninety-two of this chapter; (b) subparagraphs (ii) and 44 (iii) of paragraph (a) of subdivision two or subparagraph (i) of para- 45 graph (a) of subdivision three of section five hundred eleven of this 46 chapter; (c) paragraph (f) of subdivision seven of section eleven 47 hundred ninety-six of this chapter; or (d) subdivision nine of section 48 eleven hundred ninety-eight of this chapter, there shall be levied, in 49 addition to any sentence or other surcharge required or permitted by 50 law, an additional surcharge of twenty-five dollars. 51 2. The additional surcharge provided for in subdivision one of this 52 section shall be paid to the clerk of the court that rendered the 53 conviction. Within the first ten days of the month following collection 54 of the surcharge the collecting authority shall determine the amount of 55 surcharge collected and it shall pay such money to the state comptroller 56 who shall deposit such money in the state treasury pursuant to sectionA. 909 3 1 one hundred twenty-one of the state finance law to the credit of the 2 general fund; provided, however, commencing on the first day of April, 3 two thousand eighteen and every fiscal year thereafter, the state comp- 4 troller shall deposit such money to the credit of the impaired driving 5 safety fund pursuant to section eighty-nine-i of the state finance law 6 and such money shall be distributed in accordance with the provisions of 7 such section. 8 § 4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e 9 of the vehicle and traffic law, as added by section 1 of part EE of 10 chapter 56 of the laws of 2008, are amended to read as follows: 11 b. Notwithstanding any other provision of law, whenever proceedings in 12 a court of this state result in a conviction pursuant to: (1) section 13 eleven hundred ninety-two of this chapter; (2) subparagraphs (ii) and 14 (iii) of paragraph (a) of subdivision two or subparagraph (i) of para- 15 graph (a) of subdivision three of section five hundred eleven of this 16 chapter; (3) paragraph (f) of subdivision seven of section eleven 17 hundred ninety-six of this chapter; or (4) subdivision nine of section 18 eleven hundred ninety-eight of this chapter, there shall be levied, in 19 addition to any sentence or other surcharge required or permitted by 20 law, an additional surcharge of one hundred seventy dollars. 21 2. The additional surcharges provided for in subdivision one of this 22 section shall be paid to the clerk of the court or administrative tribu- 23 nal that rendered the conviction. Within the first ten days of the month 24 following collection of such surcharges, the collecting authority shall 25 pay such money to the state comptroller to be deposited to the general 26 fund; provided, however, commencing on the first day of April, two thou- 27 sand eighteen and every fiscal year thereafter, the state comptroller 28 shall deposit such money to the credit of the impaired driving safety 29 fund pursuant to section eighty-nine-i of the state finance law and such 30 money shall be distributed in accordance with the provisions of such 31 section. 32 § 5. The state finance law is amended by adding a new section 89-i to 33 read as follows: 34 § 89-i. Impaired driving safety fund. 1. There is hereby established 35 in the custody of the comptroller, a special fund to be known as the 36 "impaired driving safety fund". 37 2. Such fund shall consist of all moneys received by the state for the 38 collection of surcharges imposed pursuant to sections eighteen hundred 39 nine-c and eighteen hundred nine-e of the vehicle and traffic law and 40 all other grants, bequests or other moneys appropriated, credited or 41 transferred thereto from any other fund or source pursuant to law. 42 3. Moneys in the impaired driving safety fund shall be made available 43 to the department of motor vehicles only for the costs associated with 44 monitoring persons subject to the ignition interlock program as set 45 forth in section eleven hundred ninety-eight of the vehicle and traffic 46 law, and for the distribution of annual grants to eligible programs 47 established pursuant to section eleven hundred ninety-seven of the vehi- 48 cle and traffic law exclusively for the purposes, functions and duties 49 set forth in section eleven hundred ninety-seven of the vehicle and 50 traffic law. 51 4. The moneys of the fund shall be paid out on the audit and warrant 52 of the comptroller on vouchers certified or approved by the commissioner 53 of motor vehicles, including advance of funds, if necessary, for costs 54 incurred by a county for monitoring persons subject to the ignition 55 interlock program. At the end of each year any moneys remaining in the 56 fund shall be retained in the fund exclusively for the purposes setA. 909 4 1 forth herein and shall not revert to the general fund. The interest and 2 income earned on moneys in the fund after deducting applicable charges 3 shall be credited to the fund. 4 § 6. This act shall take effect on the first of November next succeed- 5 ing the date on which it shall have become a law.
