Bill Text: NY S07810 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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) 2020-07-13 - PRINT NUMBER 7810A [S07810 Detail]

Download: New_York-2019-S07810-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7810

                    IN SENATE

                                    February 24, 2020
                                       ___________

        Introduced  by  Sen. KENNEDY -- 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 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,
    25  pursuant  to section 125.13 of the penal law; and vehicular manslaughter
    26  in the second degree, pursuant to section 125.12 of the  penal  law,  as
    27  provided in section eighteen hundred three of this chapter. In addition,
    28  any  surcharges imposed pursuant to sections eighteen hundred nine-c and
    29  eighteen hundred nine-e of this chapter shall be paid to such county  in
    30  such manner and for such purposes as provided for in such sections. Upon

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15285-01-0
        S. 7810                             2

     1  receipt  of  these  moneys,  the county shall deposit them in a separate
     2  account entitled "special traffic  options  program  for  driving  while
     3  intoxicated"  and  they  shall  be under the exclusive care, custody and
     4  control  of the chief fiscal officer of each county participating in the
     5  program.
     6    § 2. Subdivision 9 of section 1803 of the vehicle and traffic law,  as
     7  amended  by chapter 196 of the laws of 1996 and the opening paragraph as
     8  amended by chapter 345 of the laws  of  2007,  is  amended  to  read  as
     9  follows:
    10    9.  Where  a  county establishes a special traffic options program for
    11  driving while intoxicated, approved by the commissioner [of motor  vehi-
    12  cles],  pursuant to section eleven hundred ninety-seven of this chapter,
    13  all fines, penalties and forfeitures: (a) imposed and  collected  [from]
    14  for  violations  of  subparagraphs  (ii)  and  (iii) of paragraph (a) of
    15  subdivision two or subparagraph (i)  of  paragraph  (a)  of  subdivision
    16  three  of section five hundred eleven[, all fines, penalties and forfei-
    17  tures] of this chapter; (b) imposed and  collected  in  accordance  with
    18  section eleven hundred ninety-three of this chapter [collected from] for
    19  violations  of  section  eleven hundred ninety-two of this chapter; [and
    20  any fines or forfeitures] (c) collected by any court, judge,  magistrate
    21  or  other  officer  imposed  upon a conviction for: aggravated vehicular
    22  assault, pursuant to  section  120.04-a  of  the  penal  law;  vehicular
    23  assault  in  the  first  degree, pursuant to section 120.04 of the penal
    24  law; vehicular assault in the second degree, pursuant to section  120.03
    25  of  the  penal  law;  aggravated vehicular homicide, pursuant to section
    26  125.14 of the penal law; vehicular manslaughter  in  the  first  degree,
    27  pursuant  to section 125.13 of the penal law; and vehicular manslaughter
    28  in the second degree, pursuant to section 125.12 of the penal  law;  and
    29  (d) civil penalties imposed pursuant to subdivision two of section elev-
    30  en  hundred ninety-four-a of this chapter, shall be paid to such county.
    31  In addition,  any  surcharges  imposed  pursuant  to  sections  eighteen
    32  hundred nine-c and eighteen hundred nine-e of this chapter shall be paid
    33  to  such  county in such manner and for such purposes as provided for in
    34  such sections.
    35    [(a)] (e) Any such fine,  penalty,  or  forfeiture  collected  by  any
    36  court, judge, magistrate or other officer referred to in subdivision one
    37  of  section  thirty-nine  of  the  judiciary law, establishing a unified
    38  court budget, shall be paid to that county within the first ten days  of
    39  the month following collection.
    40    [(b)] (f) Any such fine, penalty, or forfeiture collected by any other
    41  court, judge, magistrate or other officer, including, where appropriate,
    42  a hearing officer acting on behalf of the commissioner, shall be paid to
    43  the  state  comptroller within the first ten days of the month following
    44  collection. Every such payment to the comptroller shall  be  accompanied
    45  by a statement in such form and detail as the comptroller shall provide.
    46  The  comptroller  shall  pay  these  funds  to  the  county in which the
    47  violation occurs.
    48    [(c)] (g) Upon receipt of any monies referred to in this section,  the
    49  county  shall deposit them in a separate account entitled "special traf-
    50  fic options program for driving while intoxicated".
    51    § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
    52  law, as added by section 37 of part J of chapter 62 of the laws of 2003,
    53  are amended to read as follows:
    54    1. Notwithstanding any other provision of law, whenever proceedings in
    55  a court of this state result in a conviction pursuant to section  eleven
    56  hundred  ninety-two  of  this chapter or subparagraphs (ii) and (iii) of
        S. 7810                             3

     1  paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
     2  subdivision three of section five hundred eleven of this chapter,  there
     3  shall be levied, in addition to any sentence or other surcharge required
     4  or permitted by law, an additional surcharge of twenty-five dollars.
     5    2.  The  additional  surcharge provided for in subdivision one of this
     6  section shall be paid to the  clerk  of  the  court  that  rendered  the
     7  conviction.  Within the first ten days of the month following collection
     8  of the surcharge the collecting authority shall determine the amount  of
     9  surcharge collected and it shall pay such money to the state comptroller
    10  who  shall  deposit such money in the state treasury pursuant to section
    11  one hundred twenty-one of the state finance law to  the  credit  of  the
    12  general fund; provided, however, commencing on April first, two thousand
    13  twenty,  all  such moneys shall be paid to counties pursuant to subdivi-
    14  sion one of section eleven hundred  ninety-seven  of  this  chapter  and
    15  shall  be  used by each such county for programs and initiatives specif-
    16  ically designed and established to reduce the incidence of drug-impaired
    17  driving.
    18    § 4. Paragraph b of subdivision 1 and subdivision 2 of section  1809-e
    19  of  the  vehicle  and  traffic  law, as added by section 1 of part EE of
    20  chapter 56 of the laws of 2008, are amended to read as follows:
    21    b. Notwithstanding any other provision of law, whenever proceedings in
    22  a court of this state result in a conviction pursuant to section  eleven
    23  hundred  ninety-two  of  this chapter or subparagraphs (ii) and (iii) of
    24  paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
    25  subdivision three of section five hundred eleven of this chapter,  there
    26  shall be levied, in addition to any sentence or other surcharge required
    27  or  permitted  by  law,  an  additional surcharge of one hundred seventy
    28  dollars.
    29    2. The additional surcharges provided for in subdivision one  of  this
    30  section shall be paid to the clerk of the court or administrative tribu-
    31  nal that rendered the conviction. Within the first ten days of the month
    32  following  collection of such surcharges, the collecting authority shall
    33  pay such money to the state comptroller to be deposited to  the  general
    34  fund;  provided,  however, commencing on April first, two thousand twen-
    35  ty-one, fifty percent of such surcharge shall be paid to the state comp-
    36  troller to be deposited to the general fund and fifty  percent  of  such
    37  surcharge  shall  be  paid  to  counties  pursuant to subdivision one of
    38  section eleven hundred ninety-seven of this chapter and shall be used by
    39  each such county for programs and initiatives specifically designed  and
    40  established  to  reduce  the  incidence  of  drug-impaired  driving; and
    41  provided further, commencing April first, two  thousand  twenty-two  and
    42  every  fiscal  year  thereafter,  one  hundred percent of such surcharge
    43  shall be paid to counties pursuant to subdivision one of section  eleven
    44  hundred  ninety-seven  of  this  chapter  and shall be used by each such
    45  county for programs and initiatives  specifically  designed  and  estab-
    46  lished to reduce the incidence of drug-impaired driving.
    47    §  5. The commissioner of motor vehicles shall annually certify to the
    48  division of the budget that  all  program  plans  eligible  for  funding
    49  pursuant  to  this  act  are  in  full compliance with the provisions of
    50  section 1197 of the vehicle and traffic  law  establishing  the  special
    51  traffic options program for driving while intoxicated, the rules promul-
    52  gated  pursuant  to  15  NYCRR  172  relating  to  such  program and the
    53  provisions of this act.
    54    § 6. This act shall take effect April 1, 2020.