NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4755B
SPONSOR: Lupardo TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to paying drug-
impaired driving surcharges to counties to reduce drug-impaired driving
incidences
PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes a schedule to transfer the revenue from two manda-
tory surcharges for alcohol and other drug-related traffic offenses to
the STOP-DWI Program established in Section 1197 of the Vehicle and
Traffic Law.
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph (a) of subdivision 1 of section 1197 of the
Vehicle and Traffic Law.
Section 2: Amends subdivision 9 of section 1803 of the Vehicle and Traf-
fic Law.
Section 3: Amends subdivisions 1 and 2 of section 1809-c of the Vehicle
and Traffic Law.
Section 4: Amends paragraph b of subdivision 1 and subdivision 2 of
section 1809-e of the Vehicle and Traffic Law.
Section 5: States that the Commissioner of Motor Vehicles, who oversees
the STOP-DWI program, shall annually certify to the division of the
budget that all county STOP-DWI programs eligible for funding are in
full compliance with their statutory and regulatory authority relating
the program and the provisions of this chapter.
Section 6: Establishes the effective date.
JUSTIFICATION:
In 1981, New York moved to the national forefront of the movement to
address the epidemic of impaired and intoxicated driving when it enacted
the STOP-DWI Program (Vehicle and Traffic Law section 1197)
(the"Program"). The Program contained two parts: first it established
manda- tory minimum fines for all levels of DWI; and second, it allowed
counties (and NYC) to keep the fine money assessed within its borders
provided it established a dedicated office and program to fund activ-
ities ranging from enforcement to rehabilitation with the sole priority
of reducing the incidence of alcohol and other drug-related traffic
fatalities. By 1983 every county had established a program, tailoring
strategies around the unique challenges presented within its borders.
Within 10 years after the program was established, the likelihood of
being involved in a drunk driving crash was reduced by almost 70%.
In 2003, a new $25 surcharge was imposed exclusively on convicted drunk
and drugged drivers exclusively for short-term budget relief, the
proceeds accruing to the General Fund. In 2008 an additional budget
relief surcharge of $170 was imposed upon convicted drunk and drugged
drivers. These surcharges were imposed on top of the underlying fine the
special surcharge for the Criminal Justice Improvement Account (DCJS)
(1), the Crime Victims Fee, a $750 Special Assessment from DMV, and the
cost of installing an Ignition interlock device, if applicable.
The unintended consequences of these two, short-term budget fixes
include their impact on the STOP-DWI Program.
Where courts used to impose fines based on a balance of aggravating and
factors related to the offense, now they regularly impose the statutory
minimums (or less) because the combined financial penalty is so great.
Indeed, many judges now are imposing only the surcharges (which are
devoid of any public policy rationale) because they believe they have
discretion regarding the fine but are required to impose the surcharges.
The result has been predictable: the county programs have seen a sequen-
tial reduction in the level of fines imposed. Thereby curtailing their
only source of revenue. This, in turn, undercuts the initiatives and
strategies associated with their mission. Moreover, because the underly-
ing fines are (pursuant to the CPL) the last in priority of collection,
they are rarely fully collected. Town and Village Courts lack the
resources to enforce collection of the myriad financial obligations, and
County Courts, which deal with the more serious offenders, set up
payment plans through the County Clerk - a totally separate branch of
government with no power to compel collection.
As a result of both the reduced fine imposition and limited fine
collection, revenue for the Program has receded to such an extent that
the very backbone of the State's most important tool against drunk driv-
ing is endanger of collapsing, county by county. Indeed, revenue for the
statewide Program has declined by 21% between 2009-2019. That is a $7M
reduction from the Program's pre-surcharge revenue years. The pandemic
resulted in another $7M loss across all 58 county programs.
While repeal of these surcharges would.make sense from a public policy
viewpoint, new challenges related to the opioid crisis, the influx of
designer drugs, and the decriminalization, and the legalization of adult
use cannabis, are facing the county programs throughout the State. There
is little doubt that drugged driving has the potential to reach crisis
proportion in the coming years. Data from other states has been fairly
indicative of what New York will be facing. The infrastructure to deal
with it is in place. But it has to be preserved and enhanced. This
legislation accomplishes the dual task of shoring up the fiscal integri-
ty of the STOP-DWI Program while providing an important funding stream
to address the myriad issues related to the increase in impaired driv-
ing.
LEGISLATIVE HISTORY:
Formerly A9985 of 2022, died in the Transportation Committee.
FISCAL IMPLICATIONS:
Based on 2021 conviction data, the fiscal implication would be $4.4M.
EFFECTIVE DATE:
This act shall take effect on the first day of April 2024.
STATE OF NEW YORK
________________________________________________________________________
4755--B
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07149-06-3
A. 4755--B 2
1 law; vehicular assault in the second degree, pursuant to section 120.03
2 of the penal law; aggravated vehicular homicide, pursuant to section
3 125.14 of the penal law; vehicular manslaughter in the first degree,
4 pursuant to section 125.13 of the penal law; and vehicular manslaughter
5 in the second degree, pursuant to section 125.12 of the penal law, as
6 provided in section eighteen hundred three of this chapter. In addition,
7 any surcharges imposed pursuant to section eighteen hundred nine-c and
8 paragraph b of subdivision one of section eighteen hundred nine-e of
9 this chapter shall be paid to such county in such manner and for such
10 purposes as provided for in this section. Upon receipt of these moneys,
11 the county shall deposit them in a separate account entitled "special
12 traffic options program for driving while intoxicated" and they shall be
13 under the exclusive care, custody and control of the chief fiscal offi-
14 cer of each county participating in the program.
15 § 2. Subdivision 9 of section 1803 of the vehicle and traffic law, as
16 amended by chapter 196 of the laws of 1996 and the opening paragraph as
17 amended by chapter 345 of the laws of 2007, is amended to read as
18 follows:
19 9. a. Where a county establishes a special traffic options program for
20 driving while intoxicated, approved by the commissioner [of motor vehi-
21 cles], pursuant to section eleven hundred ninety-seven of this chapter,
22 all fines, penalties and forfeitures: (1) imposed and collected [from]
23 for violations of subparagraphs (ii) and (iii) of paragraph (a) of
24 subdivision two or subparagraph (i) of paragraph (a) of subdivision
25 three of section five hundred eleven[, all fines, penalties and forfei-
26 tures] of this chapter; (2) imposed and collected in accordance with
27 section eleven hundred ninety-three of this chapter [collected from] for
28 violations of section eleven hundred ninety-two of this chapter; [and
29 any fines or forfeitures] (3) collected by any court, judge, magistrate
30 or other officer imposed upon a conviction for: aggravated vehicular
31 assault, pursuant to section 120.04-a of the penal law; vehicular
32 assault in the first degree, pursuant to section 120.04 of the penal
33 law; vehicular assault in the second degree, pursuant to section 120.03
34 of the penal law; aggravated vehicular homicide, pursuant to section
35 125.14 of the penal law; vehicular manslaughter in the first degree,
36 pursuant to section 125.13 of the penal law; and vehicular manslaughter
37 in the second degree, pursuant to section 125.12 of the penal law; and
38 (4) civil penalties imposed pursuant to subdivision two of section elev-
39 en hundred ninety-four-a of this chapter, shall be paid to such county.
40 In addition, any surcharges imposed pursuant to section eighteen hundred
41 nine-c and paragraph b of subdivision one of section eighteen hundred
42 nine-e of this chapter shall be paid to such county in such manner and
43 for such purposes as provided for in section eleven hundred ninety-seven
44 of this chapter.
45 [(a)] b. Any such fine, penalty, or forfeiture collected by any court,
46 judge, magistrate or other officer referred to in subdivision one of
47 section thirty-nine of the judiciary law, establishing a unified court
48 budget, shall be paid to that county within the first ten days of the
49 month following collection.
50 [(b)] c. Any such fine, penalty, or forfeiture collected by any other
51 court, judge, magistrate or other officer, including, where appropriate,
52 a hearing officer acting on behalf of the commissioner, shall be paid to
53 the state comptroller within the first ten days of the month following
54 collection. Every such payment to the comptroller shall be accompanied
55 by a statement in such form and detail as the comptroller shall provide.
A. 4755--B 3
1 The comptroller shall pay these funds to the county in which the
2 violation occurs.
3 [(c)] d. Upon receipt of any monies referred to in this section, the
4 county shall deposit them in a separate account entitled "special traf-
5 fic options program for driving while intoxicated".
6 § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
7 law, as added by section 37 of part J of chapter 62 of the laws of 2003,
8 are amended to read as follows:
9 1. Notwithstanding any other provision of law, whenever proceedings in
10 a court of this state result in a conviction pursuant to section eleven
11 hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of
12 paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
13 subdivision three of section five hundred eleven of this chapter, there
14 shall be levied, in addition to any sentence or other surcharge required
15 or permitted by law, an additional surcharge of twenty-five dollars.
16 2. The additional surcharge provided for in subdivision one of this
17 section shall be paid to the clerk of the court that rendered the
18 conviction. Within the first ten days of the month following collection
19 of the surcharge the collecting authority shall determine the amount of
20 surcharge collected and it shall pay such money to the state comptroller
21 who shall deposit such money in the state treasury pursuant to section
22 one hundred twenty-one of the state finance law to the credit of the
23 general fund; provided, however, commencing April first, two thousand
24 twenty-four, all such moneys shall be paid to counties in such manner
25 and for such purposes as provided for in section eleven hundred ninety-
26 seven of this chapter.
27 § 4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
28 of the vehicle and traffic law, as added by section 1 of part EE of
29 chapter 56 of the laws of 2008, are amended to read as follows:
30 b. Notwithstanding any other provision of law, whenever proceedings in
31 a court of this state result in a conviction pursuant to section eleven
32 hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of
33 paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
34 subdivision three of section five hundred eleven of this chapter, there
35 shall be levied, in addition to any sentence or other surcharge required
36 or permitted by law, an additional surcharge of one hundred seventy
37 dollars.
38 2. The additional surcharges provided for in subdivision one of this
39 section shall be paid to the clerk of the court or administrative tribu-
40 nal that rendered the conviction. Within the first ten days of the month
41 following collection of such surcharges, the collecting authority shall
42 pay such money to the state comptroller to be deposited to the general
43 fund; provided, however, commencing April first, two thousand twenty-
44 four, the surcharge provided for in paragraph b of subdivision one of
45 this section shall be paid to counties in such manner and for such
46 purposes as provided for in section eleven hundred ninety-seven of this
47 chapter.
48 § 5. The commissioner of motor vehicles shall annually certify to the
49 division of the budget that all program plans eligible for funding
50 pursuant to this act are in full compliance with the provisions of
51 section 1197 of the vehicle and traffic law establishing the special
52 traffic options program for driving while intoxicated, the rules promul-
53 gated pursuant to 15 NYCRR 172 relating to such program and the
54 provisions of this act.
55 § 6. This act shall take effect April 1, 2024.
