senate Bill S1348

Amended

Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 06 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 05 / Apr / 2011
    • 1ST REPORT CAL.317
  • 06 / Apr / 2011
    • 2ND REPORT CAL.
  • 11 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • PASSED SENATE
  • 06 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 06 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 01 / Feb / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 01 / Feb / 2012
    • PRINT NUMBER 1348A
  • 18 / Apr / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions.

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Bill Details

See Assembly Version of this Bill:
A2950
Versions:
S1348
S1348A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1197, 1803, 1809-c & 1809-e, V & T L; amd §60.35, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S7951, A11374A

Sponsor Memo

BILL NUMBER:S1348

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the penal law, in relation to
distribution of certain mandatory surcharges imposed for alcohol-related
traffic convictions

PURPOSE OF THE BILL:
To provide for the necessary direction and
adequate funding for the successful implementation of the ignition
interlock provisions of Chapter 496 of the Laws of 2009 ("Leandra's
Law").

SUMMARY OF SPECIFIC PROVISIONS:
(1) Amends subdivision 1 of §1197 and
subdivision 9 of 1803 of the vehicle and Traffic Law (VTL) to direct
fines imposed for the traffic offenses of "driving outside the terms
of a conditional license" and "circumventing a required ignition
interlock device" to the STOP-DWI Program in the county of the
violation -- making these offenses consistent with all other
alcohol-related provisions of the VTL.

(2) Amends subdivision 5 of VTL §1197 to add "implementation of the
ignition interlock program as set forth in VTL §1198" to the
functions and funding responsibilities of the County STOP-DWI
coordinator.

(3) Amends VTL §§ 1809-c and 1809-e to direct that mandatory
surcharges be imposed for the traffic offenses of "driving outside
the terms of a conditional license" and "circumventing a required
ignition interlock device" making these offenses consistent with all
other alcohol-related provisions of the VTL.

(4) Amends VTL §§ 1809-C and 1809-e to direct that mandatory
surcharges imposed and collected under both of these provisions be
directed to the STOP-DWI Program in the county where the offense
occurred.

(5) Amends subdivision 3 of §60.35 of the penal Law to conform the
fine and surcharge collection process consistent with the intent of
this bill.

JUSTIFICATION:
Chapter 496 of the Laws of 2009, also known as
Leandra's Law, requires inter alia that the sentence for all persons
convicted of driving while intoxicated include a period of probation
or conditional discharge, a condition of which shall include the
installation of an ignition interlock device on all vehicles owned or
operated by such person, for the period of probation (at least 3
years) or conditional discharge, but not less than six months. This
provision takes effect on August 15, 2010.

As a result of this law, 25,000 people annually will be sentenced
pursuant to this requirement. In seeking to implement this law, the
Division of


Probation and Correctional Alternatives has promulgated an emergency
rule that essentially orders the counties to develop a program to
implement the massive and recurring requirements associated with
compliance, tracking and monitoring those subject to conditional
discharge. However, it provides no funding for either these tasks,
nor for the 12,000+ new probationers likely to exist as a result of
this statute. Actually, it would appear that the 2012-2011 Budget
will, instead, reduce state funding for Probation services by another
10% this year.

Thus, the counties are currently faced with a combination of a
seriously unfunded mandate and the requirement that they develop an
entirely new program pursuant to the new rule.

This measure resolves both of these problems as well as a third. Over
the years, the State has added a series of mandatory surcharges to
alcohol related offenses strictly for budget relief, in total
ignorance of sound criminal justice policy and to the immediate
financial detriment of the county STOP-DWI Programs that rely
exclusively upon the fines imposed for alcohol-related offenses.

This bill would address all three issues. First, it utilizes the
county STOP-DWI program and its existing statutory funding mechanism
to fully realize the ignition interlock program rather than force
counties to develop an entirely new -- and unfunded -- process.
Second, it establishes a recurring revenue stream to provide the
counties with the necessary funding to implement the expansive new
ignition interlock program and maintain it going forward. It does so
by redirecting the surcharges collected under VTL sections
1809-c($25) and 1809-e($170) from the General Fund to the local
STOP-DWI Program. Third, it helps reinforce the local option STOP-DWI
Programs that collectively have made New York a national model for
addressing the challenges presented by the drunk driver, but have
recently seen their revenue streams reduced out of expediency for
quick-fix State budget relief.

In order for this program to work, there must be confidence in the
ability for counties to implement and maintain it. The unintended
consequences of this act can surely undermine the Legislature's
intent and leave the program in shambles. At least 25 counties have
already asked for a two-year moratorium on the new law until a
funding stream has been established.
Furthermore, it is obvious that the mischief that can arise from the
suddenly overwhelmed local courts could result in thousands of new
offenders sent to an already overburdened probation system or,
thousands of persons who should be convicted of DWI, being allowed to
plead to the traffic offense of DWAI -both for the purposes of
expediency, and neither consistent with the intent New York's
commitment to eradicate drunk driving. This bill presents an
opportunity to have the new law implemented in a manner that reflects
the Legislature's intent when it was enacted.

PRIOR LEGISLATIVE HISTORY:
2010: S.7951/A.11374A - Passed Senate 2010

FISCAL IMPLICATIONS:


Approximately $6.8 million in mandatory
surcharges will be redirected from the General Fund to the counties
based upon the county of conviction.

EFFECTIVE DATE:
This act shall take effect immediately, provided,
however, the provisions of section one, three, four and five shall
take effect on the sixtieth day after it shall have become a law, and
provided further, however, that section six shall take effect on the
first day of April, 2011.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1348

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- 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  and  the  penal  law,  in
  relation  to  distribution of certain mandatory surcharges imposed for
  alcohol-related traffic convictions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
cle  and  traffic  law, as separately amended by chapters 196 and 688 of
the laws of 1996 and subparagraph 3 as amended by  chapter  345  of  the
laws of 2007, is amended to read as follows:
  (a)  Where  a county establishes a special traffic options program for
driving while intoxicated, pursuant to this section,  it  shall  receive
fines  [and],  forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND TWELVE, MANDATORY SURCHARGES SET  FORTH  IN  SECTIONS  EIGHTEEN
HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by
any  court,  judge,  magistrate  or  other  officer  within that county,
including, where appropriate, a hearing officer acting on behalf of  the
commissioner[,]:  (1)  imposed  for violations of subparagraphs (ii) and
(iii) of paragraph (a) of subdivision two or subparagraph (i)  of  para-
graph  (a)  of  subdivision three of section five hundred eleven of this
chapter; (2) imposed in accordance with the provisions of section eleven
hundred ninety-three, PARAGRAPH (F)  OF  SUBDIVISION  SEVEN  OF  SECTION
ELEVEN  HUNDRED  NINETY-SIX,  SUBDIVISION NINE OF SECTION ELEVEN HUNDRED
NINETY-EIGHT, and civil penalties imposed pursuant to subdivision two of
section eleven hundred ninety-four-a of this article,  including,  where
appropriate,  a  hearing  officer  acting on behalf of the commissioner,
from violations of sections eleven hundred  ninety-two,  eleven  hundred
ninety-two-a   and   findings   made   under   section   eleven  hundred
ninety-four-a of this article; and (3) imposed upon  a  conviction  for:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03021-01-1

S. 1348                             2

aggravated  vehicular assault, pursuant to section 120.04-a of the penal
law; vehicular assault in the first degree, pursuant to  section  120.04
of  the  penal  law; vehicular assault in the second degree, pursuant to
section 120.03 of the penal law; aggravated vehicular homicide, pursuant
to  section 125.14 of the penal law; vehicular manslaughter in the first
degree, pursuant to section 125.13  of  the  penal  law;  and  vehicular
manslaughter  in  the  second  degree, pursuant to section 125.12 of the
penal law, as provided in section eighteen hundred three of  this  chap-
ter.  Upon  receipt  of these moneys, the county shall deposit them in a
separate account entitled "special traffic options program  for  driving
while intoxicated," and they shall be under the exclusive care, custody,
and  control of the chief fiscal officer of each county participating in
the program.
  S 2. Paragraphs (b) and (c) of subdivision 5 of section  1197  of  the
vehicle and traffic law, as added by chapter 47 of the laws of 1988, are
amended to read as follows:
  (b)  Receive  proposals from county, town, city or village agencies or
non-governmental  groups  for  activities  related  to  alcohol  traffic
safety,  INCLUDING  THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM
AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and
to submit them to the county board of legislators or other such  govern-
ing  body, together with a recommendation for funding of the activity if
deemed appropriate.
  (c) Cooperate with and assist local officials within the county in the
formulation and execution of alcohol traffic safety  programs  including
enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN-
TATION  OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE.
  S 3. The opening paragraph of subdivision 9 of  section  1803  of  the
vehicle  and traffic law, as amended by chapter 345 of the laws of 2007,
is amended to read as follows:
  Where a county establishes a special traffic options program for driv-
ing while intoxicated, approved by the commissioner [of motor vehicles],
pursuant to section eleven hundred ninety-seven  of  this  chapter,  all
fines,  penalties  [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF
APRIL, TWO THOUSAND TWELVE, MANDATORY SURCHARGES SET FORTH  IN  SECTIONS
EIGHTEEN  HUNDRED  NINE-C  AND  EIGHTEEN HUNDRED NINE-E OF THIS ARTICLE:
(A) IMPOSED AND collected [from] FOR violations  of  subparagraphs  (ii)
and  (iii)  of  paragraph  (a) of subdivision two or subparagraph (i) of
paragraph (a) of subdivision three of section five hundred eleven[,  all
fines,  penalties  and  forfeitures]  OF  THIS  CHAPTER; (B) imposed AND
COLLECTED in accordance with section eleven hundred ninety-three of this
chapter [collected from] FOR violations of section eleven hundred  nine-
ty-two  of  this chapter; [and any fines or forfeitures] (C) IMPOSED AND
COLLECTED FOR VIOLATIONS  OF  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF
SECTION  ELEVEN  HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR VIOLATIONS OF
SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER;
(D) collected by any court, judge, magistrate or other  officer  imposed
upon a conviction for: aggravated vehicular assault, pursuant to section
120.04-a of the penal law; vehicular assault in the first degree, pursu-
ant  to section 120.04 of the penal law; vehicular assault in the second
degree, pursuant to section 120.03 of the penal law; aggravated  vehicu-
lar  homicide,  pursuant  to  section 125.14 of the penal law; vehicular
manslaughter in the first degree, pursuant  to  section  125.13  of  the
penal  law; and vehicular manslaughter in the second degree, pursuant to
section 125.12 of the penal law; and (E) civil penalties imposed  pursu-

S. 1348                             3

ant  to  subdivision two of section eleven hundred ninety-four-a of this
chapter, shall be paid to such county.
  S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
law, as added by section 37 of part J of chapter 62 of the laws of 2003,
are amended to read as follows:
  1. Notwithstanding any other provision of law, whenever proceedings in
a  court  of this state result in a conviction pursuant to:  (A) section
eleven hundred ninety-two of this chapter; (B)  SUBPARAGRAPHS  (II)  AND
(III)  OF  PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED  ELEVEN  OF  THIS
CHAPTER;  (C)  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF SECTION ELEVEN
HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE  OF  SECTION
ELEVEN  HUNDRED  NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
addition to any sentence or other surcharge  required  or  permitted  by
law, an additional surcharge of twenty-five dollars.
  2.  The  additional  surcharge provided for in subdivision one of this
section shall be paid to the  clerk  of  the  court  that  rendered  the
conviction.  Within the first ten days of the month following collection
of the surcharge the collecting authority shall determine the amount  of
surcharge collected and it shall pay such money to the state comptroller
who  shall  deposit such money in the state treasury pursuant to section
one hundred twenty-one of the state finance law to  the  credit  of  the
general  fund;  PROVIDED,  HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL
TRAFFIC OPTIONS  PROGRAM  FOR  DRIVING  WHILE  INTOXICATED  PURSUANT  TO
SECTION  ELEVEN  HUNDRED  NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE
FIRST DAY OF APRIL, TWO THOUSAND TWELVE, SUCH SURCHARGE SHALL BE PAID TO
THE COUNTY WHERE THE CONVICTION WAS RENDERED.
  S 5. Paragraph b of subdivision 1 and subdivision 2 of section  1809-e
of  the  vehicle  and  traffic  law, as added by section 1 of part EE of
chapter 56 of the laws of 2008, are amended to read as follows:
  b. Notwithstanding any other provision of law, whenever proceedings in
a court of this state result in a conviction pursuant  to:  (1)  section
eleven  hundred  ninety-two  of this chapter; (2) SUBPARAGRAPHS (II) AND
(III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I)  OF  PARA-
GRAPH  (A)  OF  SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS
CHAPTER; (3) PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF  SECTION  ELEVEN
HUNDRED  NINETY-SIX  OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION
ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be  levied,  in
addition  to  any  sentence  or other surcharge required or permitted by
law, an additional surcharge of one hundred seventy dollars.
  2. The additional surcharges provided for in subdivision one  of  this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following  collection of such surcharges, the collecting authority shall
pay such money to the state comptroller [to be deposited to]  WHO  SHALL
DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED
TWENTY-ONE  OF  THE STATE FINANCE LAW TO THE CREDIT OF the general fund;
PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC  OPTIONS
PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-SEVEN  OF  THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND TWELVE, ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B OF
SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE  COUNTY  WHERE  THE
CONVICTION WAS RENDERED.
  S  6.  Subdivision  3 of section 60.35 of the penal law, as amended by
section 1 of part E of chapter 56 of the laws of  2004,  is  amended  to
read as follows:

S. 1348                             4

  3.  The  mandatory surcharge, sex offender registration fee, DNA data-
bank fee, crime victim assistance fee,  and  supplemental  sex  offender
victim fee provided for in subdivision one of this section shall be paid
to  the  clerk of the court or administrative tribunal that rendered the
conviction.  Within the first ten days of the month following collection
of the mandatory surcharge, crime victim  assistance  fee,  and  supple-
mental sex offender victim fee, the collecting authority shall determine
the  amount  of  mandatory  surcharge,  crime victim assistance fee, and
supplemental sex offender victim fee collected and, if [it] THE COLLECT-
ING AUTHORITY is an administrative tribunal[,]  or  a  town  or  village
justice  court,  it  shall  then pay such money to the state comptroller
who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO THE  OPENING  PARAGRAPH  OF
SUBDIVISION  NINE  OF  SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND
TRAFFIC LAW, shall deposit such money in the state treasury pursuant  to
section one hundred twenty-one of the state finance law to the credit of
the  criminal justice improvement account established by section ninety-
seven-bb of the state finance law. Within the  first  ten  days  of  the
month  following collection of the sex offender registration fee and DNA
databank fee, the collecting authority shall determine the amount of the
sex offender registration fee and DNA databank fee collected and, if  it
is  an  administrative  tribunal, or a town or village justice court, it
shall then pay such money to the state  comptroller  who  shall  deposit
such  money  in the state treasury pursuant to section one hundred twen-
ty-one of the state finance law to the credit of the  general  fund.  If
such  collecting  authority  is  any  other  court  of the unified court
system, it shall, within such period, UNLESS OTHERWISE AUTHORIZED PURSU-
ANT TO THE OPENING PARAGRAPH OF SUBDIVISION  NINE  OF  SECTION  EIGHTEEN
HUNDRED  THREE  OF THE VEHICLE AND TRAFFIC LAW, pay such money attribut-
able to the mandatory surcharge or crime victim assistance  fee  to  the
state commissioner of taxation and finance to the credit of the criminal
justice  improvement  account  established by section ninety-seven-bb of
the state finance law.  If such collecting authority is any other  court
of  the  unified  court  system,  it shall, within such period, pay such
money attributable to the sex offender  registration  fee  and  the  DNA
databank  fee  to  the state commissioner of taxation and finance to the
credit of the general fund.
  S 7. This act shall take effect immediately,  provided,  however,  the
provisions  of sections one, three, four and five of this act shall take
effect on the sixtieth day  after  it  shall  have  become  a  law,  and
provided  further,  however,  that  section  six  of this act shall take
effect on the first of April, 2012.

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