senate Bill S398

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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  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jun / 2013
    • 1ST REPORT CAL.986
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 11 / Mar / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 11 / Mar / 2014
    • PRINT NUMBER 398A
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1594
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO TRANSPORTATION

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:
A7876
Versions:
S398
S398A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
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 Previous Legislative Cycles:
2011-2012: S1348A, A2950A
2009-2010: S7951, A11374A

Sponsor Memo

BILL NUMBER:S398

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 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 subdivision 9 of VTL § 1803 to direct that mandatory
surcharges be imposed for the traffic offenses listed including
"driving outside the terms of a conditional license" and
"circumventing a required ignition interlock device" be redirected to
the county beginning April 1, 2014.

(4) Amends VTL § 1809-c to direct that mandatory surcharges imposed
and collected under this provision be directed to the STOP-DWI
Program in the county where the offense occurred.

(5) Amends VTL § 1809-c to direct that mandatory surcharges imposed
and collected under this provision be directed to the STOP-DWI
Program in the county where the offense occurred.

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

JUSTIFICATION:
Chapter 496 of the Laws of 2009, also known as Leandra's Law, requires
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 took 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
ese tasks, nor for the 12,000+ new probationers likely to exist as
a result of this statute. 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, without regard
for 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. Furthermore, it is
obvious that the mischief that can arise from 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:
2011-12: S.1348A/A.2950A - Passed Senate 2011
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, 2014.

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

                                   398

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- 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 FOURTEEN, 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.
                                                           LBD00574-01-3

S. 398                              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 FOURTEEN, 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. 398                              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 FOURTEEN, 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  FOURTEEN, 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. 398                              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, 2014.

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