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.
LBD02167-01-7
A. 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 or
24 forfeitures] (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 section
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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 set
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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.