S T A T E O F N E W Y O R K
________________________________________________________________________
9082--B
2009-2010 Regular Sessions
I N A S S E M B L Y
July 27, 2009
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Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Transportation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law and the state finance law,
in relation to a mandatory surcharge for traffic offenses and infrac-
tions in Suffolk and Nassau counties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1809-f to read as follows:
S 1809-F. MANDATORY SURCHARGE REQUIRED FOR TRAFFIC OFFENSES AND
INFRACTIONS IN SUFFOLK AND NASSAU COUNTIES. 1. WHENEVER PROCEEDINGS THAT
ARE ADJUDICATED IN A COURT OR IN AN ADMINISTRATIVE TRIBUNAL IN THE COUN-
TIES OF SUFFOLK OR NASSAU RESULT IN A CONVICTION FOR A CRIME UNDER THIS
CHAPTER OR A TRAFFIC INFRACTION UNDER THIS CHAPTER, OR A LOCAL LAW,
ORDINANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER, THERE
SHALL BE LEVIED A MANDATORY SURCHARGE, IN ADDITION TO ANY SENTENCE OR
SURCHARGE REQUIRED OR PERMITTED BY LAW, IN THE AMOUNT OF FIFTY 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 IN THE LONG
ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND ESTABLISHED BY SECTION
NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
3. THE PROVISIONS OF SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN,
SUBDIVISION THREE OF SECTION FIVE HUNDRED FOURTEEN AND SUBDIVISION THREE
OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER GOVERNING ACTIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06131-21-9
A. 9082--B 2
WHICH MAY BE TAKEN FOR FAILURE TO PAY A FINE OR PENALTY SHALL BE APPLI-
CABLE TO THE ADDITIONAL SURCHARGE IMPOSED PURSUANT TO THIS SECTION.
S 2. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
S 97-JJJJ. LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER, A SPECIAL
FUND TO BE KNOWN AS THE "LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY
PATROL FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONIES RECEIVED BY THE STATE PURSU-
ANT TO SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC LAW
AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONIES APPROPRIATED, CREDITED OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. MONIES IN THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL
FUND SHALL BE KEPT SEPARATE AND APART AND SHALL NOT BE COMMINGLED WITH
ANY OTHER MONIES IN THE CUSTODY OF THE COMPTROLLER AND SHALL ONLY BE
EXPENDED HEREIN AND IN SUCH AMOUNTS AS REQUESTED BY ELIGIBLE MUNICI-
PALITIES AND AS APPROVED BY THE STATE COMPTROLLER. MUNICIPALITIES SHALL
ONLY BE ELIGIBLE FOR REIMBURSEMENT OF FUNDS EQUIVALENT TO SUCH MUNICI-
PALITY'S DEPOSITS INTO THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY
PATROL FUND.
4. THE MONIES RECEIVED BY SUCH FUND SHALL ONLY BE ALLOCATED TO OFFSET
THE COSTS OF MAINTAINING PATROL ON THE LONG ISLAND EXPRESSWAY AND
SUNRISE HIGHWAY BY THE NASSAU COUNTY POLICE DEPARTMENT AND TO OFFSET THE
COSTS OF RESTORING PATROL ON THE LONG ISLAND EXPRESSWAY AND SUNRISE
HIGHWAY BY THE SUFFOLK COUNTY POLICE DEPARTMENT. ANY TOWN OR VILLAGE
POLICE DEPARTMENT SHALL PATROL WHERE THEY PREVIOUSLY, OR CURRENTLY
PATROL ON THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY. REIMBURSEMENT
FOR SUCH PATROLS SHALL BE MADE AVAILABLE TO COUNTY, TOWN, AND VILLAGE
POLICE DEPARTMENTS.
S 3. This act shall take effect immediately.