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S07810 Summary:

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S07810 Committee Votes:

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S07810 Memo:

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S07810 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7810--A
 
                    IN SENATE
 
                                    February 24, 2020
                                       ___________
 
        Introduced  by  Sens.  KENNEDY, FUNKE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15285-03-0
        S. 7810--A                          2
 
     1  in  the  second  degree, pursuant to section 125.12 of the penal law, as
     2  provided in section eighteen hundred three of this chapter. In addition,
     3  any surcharges imposed pursuant to sections eighteen hundred nine-c  and
     4  eighteen  hundred nine-e of this chapter shall be paid to such county in
     5  such manner and for such purposes as provided for in such sections. Upon
     6  receipt of these moneys, the county shall deposit  them  in  a  separate
     7  account  entitled  "special  traffic  options  program for driving while
     8  intoxicated" and they shall be under the  exclusive  care,  custody  and
     9  control  of the chief fiscal officer of each county participating in the
    10  program.
    11    § 2. Subdivision 9 of section 1803 of the vehicle and traffic law,  as
    12  amended  by chapter 196 of the laws of 1996 and the opening paragraph as
    13  amended by chapter 345 of the laws  of  2007,  is  amended  to  read  as
    14  follows:
    15    9.  Where  a  county establishes a special traffic options program for
    16  driving while intoxicated, approved by the commissioner [of motor  vehi-
    17  cles],  pursuant to section eleven hundred ninety-seven of this chapter,
    18  all fines, penalties and forfeitures: (a) imposed and  collected  [from]
    19  for  violations  of  subparagraphs  (ii)  and  (iii) of paragraph (a) of
    20  subdivision two or subparagraph (i)  of  paragraph  (a)  of  subdivision
    21  three  of section five hundred eleven[, all fines, penalties and forfei-
    22  tures] of this chapter; (b) imposed and  collected  in  accordance  with
    23  section eleven hundred ninety-three of this chapter [collected from] for
    24  violations  of  section  eleven hundred ninety-two of this chapter; [and
    25  any fines or forfeitures] (c) collected by any court, judge,  magistrate
    26  or  other  officer  imposed  upon a conviction for: aggravated vehicular
    27  assault, pursuant to  section  120.04-a  of  the  penal  law;  vehicular
    28  assault  in  the  first  degree, pursuant to section 120.04 of the penal
    29  law; vehicular assault in the second degree, pursuant to section  120.03
    30  of  the  penal  law;  aggravated vehicular homicide, pursuant to section
    31  125.14 of the penal law; vehicular manslaughter  in  the  first  degree,
    32  pursuant  to section 125.13 of the penal law; and vehicular manslaughter
    33  in the second degree, pursuant to section 125.12 of the penal  law;  and
    34  (d) civil penalties imposed pursuant to subdivision two of section elev-
    35  en  hundred ninety-four-a of this chapter, shall be paid to such county.
    36  In addition,  any  surcharges  imposed  pursuant  to  sections  eighteen
    37  hundred nine-c and eighteen hundred nine-e of this chapter shall be paid
    38  to  such  county in such manner and for such purposes as provided for in
    39  such sections.
    40    [(a)] (e) Any such fine,  penalty,  or  forfeiture  collected  by  any
    41  court, judge, magistrate or other officer referred to in subdivision one
    42  of  section  thirty-nine  of  the  judiciary law, establishing a unified
    43  court budget, shall be paid to that county within the first ten days  of
    44  the month following collection.
    45    [(b)] (f) Any such fine, penalty, or forfeiture collected by any other
    46  court, judge, magistrate or other officer, including, where appropriate,
    47  a hearing officer acting on behalf of the commissioner, shall be paid to
    48  the  state  comptroller within the first ten days of the month following
    49  collection. Every such payment to the comptroller shall  be  accompanied
    50  by a statement in such form and detail as the comptroller shall provide.
    51  The  comptroller  shall  pay  these  funds  to  the  county in which the
    52  violation occurs.
    53    [(c)] (g) Upon receipt of any monies referred to in this section,  the
    54  county  shall deposit them in a separate account entitled "special traf-
    55  fic options program for driving while intoxicated".
        S. 7810--A                          3
 
     1    § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
     2  law, as added by section 37 of part J of chapter 62 of the laws of 2003,
     3  are amended to read as follows:
     4    1. Notwithstanding any other provision of law, whenever proceedings in
     5  a  court of this state result in a conviction pursuant to section eleven
     6  hundred ninety-two of this chapter or subparagraphs (ii)  and  (iii)  of
     7  paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
     8  subdivision  three of section five hundred eleven of this chapter, there
     9  shall be levied, in addition to any sentence or other surcharge required
    10  or permitted by law, an additional surcharge of twenty-five dollars.
    11    2. The additional surcharge provided for in subdivision  one  of  this
    12  section  shall  be  paid  to  the  clerk  of the court that rendered the
    13  conviction. Within the first ten days of the month following  collection
    14  of  the surcharge the collecting authority shall determine the amount of
    15  surcharge collected and it shall pay such money to the state comptroller
    16  who shall deposit such money in the state treasury pursuant  to  section
    17  one  hundred  twenty-one  of  the state finance law to the credit of the
    18  general fund; provided, however, commencing on April first, two thousand
    19  twenty-one, all such moneys shall be paid to counties pursuant to subdi-
    20  vision one of section eleven hundred ninety-seven of  this  chapter  and
    21  shall  be  used by each such county for programs and initiatives specif-
    22  ically designed and established to reduce the incidence of drug-impaired
    23  driving.
    24    § 4. Paragraph b of subdivision 1 and subdivision 2 of section  1809-e
    25  of  the  vehicle  and  traffic  law, as added by section 1 of part EE of
    26  chapter 56 of the laws of 2008, are amended to read as follows:
    27    b. Notwithstanding any other provision of law, whenever proceedings in
    28  a court of this state result in a conviction pursuant to section  eleven
    29  hundred  ninety-two  of  this chapter or subparagraphs (ii) and (iii) of
    30  paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
    31  subdivision three of section five hundred eleven of this chapter,  there
    32  shall be levied, in addition to any sentence or other surcharge required
    33  or  permitted  by  law,  an  additional surcharge of one hundred seventy
    34  dollars.
    35    2. The additional surcharges provided for in subdivision one  of  this
    36  section shall be paid to the clerk of the court or administrative tribu-
    37  nal that rendered the conviction. Within the first ten days of the month
    38  following  collection of such surcharges, the collecting authority shall
    39  pay such money to the state comptroller to be deposited to  the  general
    40  fund;  provided,  however, commencing on April first, two thousand twen-
    41  ty-two, fifty percent of such surcharge shall be paid to the state comp-
    42  troller to be deposited to the general fund and fifty  percent  of  such
    43  surcharge  shall  be  paid  to  counties  pursuant to subdivision one of
    44  section eleven hundred ninety-seven of this chapter and shall be used by
    45  each such county for programs and initiatives specifically designed  and
    46  established  to  reduce  the  incidence  of  drug-impaired  driving; and
    47  provided further, commencing April first, two thousand twenty-three  and
    48  every  fiscal  year  thereafter,  one  hundred percent of such surcharge
    49  shall be paid to counties pursuant to subdivision one of section  eleven
    50  hundred  ninety-seven  of  this  chapter  and shall be used by each such
    51  county for programs and initiatives  specifically  designed  and  estab-
    52  lished to reduce the incidence of drug-impaired driving.
    53    §  5. The commissioner of motor vehicles shall annually certify to the
    54  division of the budget that  all  program  plans  eligible  for  funding
    55  pursuant  to  this  act  are  in  full compliance with the provisions of
    56  section 1197 of the vehicle and traffic  law  establishing  the  special
        S. 7810--A                          4
 
     1  traffic options program for driving while intoxicated, the rules promul-
     2  gated  pursuant  to  15  NYCRR  172  relating  to  such  program and the
     3  provisions of this act.
     4    § 6. This act shall take effect April 1, 2021.