senate Bill S398A

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

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
2009-2010: S7951

Sponsor Memo

BILL NUMBER:S398A

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 § 1609-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 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: 2013: S.398 - Passed Senate 62-0

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, 2015.

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

                                 398--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. DILAN, AVELLA -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 FIFTEEN, 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00574-02-4

S. 398--A                           2

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:
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 FIFTEEN, 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

S. 398--A                           3

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-
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 FIFTEEN, 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 FIFTEEN, 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. 398--A                           4

  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:
  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, 2015.

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