S T A T E   O F   N E W   Y O R K
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                                  5539

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 14, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to establishing  a  pilot
  program  for  the payment of fines by credit card or similar device in
  town and village courts

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

  Section  1. Paragraph (j) of subdivision 2 of section 212 of the judi-
ciary law, as amended by chapter 457 of the laws of 2005, is amended  to
read as follows:
  (j)  (I)  Notwithstanding  any provision of law, rule or regulation to
the contrary, establish a system for the posting of bail and the payment
of fines, mandatory surcharges, court fees, and other monies payable  to
a  court,  county clerk in his or her capacity as clerk of court, or the
office of court administration, or to a sheriff upon enforcing  a  court
order  or  delivering  a court mandate pursuant to article eighty of the
civil practice law and rules, by means  of  a  credit  card  or  similar
device.  Notwithstanding any provision of law to the contrary, the chief
administrator may require a party making a payment in such  manner  also
to pay a reasonable administrative fee. In establishing such system, the
chief  administrator  shall seek the assistance of the state comptroller
who shall assist in developing such system so as  to  ensure  that  such
funds  shall be returned to any jurisdiction which, by law, may be enti-
tled to them. The chief administrator shall periodically accord the head
of each police department or police force and of any  state  department,
agency, board, commission or public authority having police officers who
fix  pre-arraignment  bail  pursuant  to  section 150.30 of the criminal
procedure law an opportunity to have the system established pursuant  to
this  paragraph apply to the posting of pre-arraignment bail with police
officers under his or her jurisdiction.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11898-01-9

              

S. 5539                             2

  (II) TO ESTABLISH, IN CONSULTATION WITH THE STATE COMPTROLLER, A PILOT
PROGRAM FOR THE PAYMENT OF FINES BY CREDIT CARD  OR  SIMILAR  DEVICE  IN
TOWN  AND VILLAGE COURTS. THE PROGRAM SHALL UTILIZE VENDORS WHO, FOR THE
PURPOSE OF THIS PILOT PROGRAM, SHALL BE EXPRESSLY AUTHORIZED TO  COLLECT
AND  MAINTAIN  CUSTODY  OF  ANY  PUBLIC  FUNDS  INVOLVED  WITH THE PILOT
PROGRAM. CREDIT CARD PROCESSING EQUIPMENT SHALL BE PROVIDED  BY  VENDORS
TO  PARTICIPATING  TOWN  AND  VILLAGE  COURTS  AT NO COST TO THE TOWN OR
VILLAGE OR THE STATE.
  ANY ADMINISTRATIVE AND TRANSACTIONAL FEES ASSOCIATED WITH SUCH  CREDIT
CARD  TRANSACTIONS SHALL BE PAID BY THE PARTY MAKING PAYMENT OF THE FINE
AND NOT BY THE PARTICIPATING TOWN,  VILLAGE  OR  THE  STATE.  THE  PILOT
PROGRAM  SHALL  BE  ESTABLISHED  IN  AT  LEAST  FIFTY TOWNS AND VILLAGES
LOCATED THROUGHOUT THE STATE. TOWN AND VILLAGE COURTS  PARTICIPATING  IN
THE  PILOT  PROGRAM  SHALL ONLY UTILIZE CREDIT CARD PAYMENT SYSTEMS THAT
SATISFY THESE REQUIREMENTS. THE CHIEF ADMINISTRATOR SHALL  PROVIDE  DATA
REGARDING  UTILIZATION  AND  COST  OF  THE  PILOT PROGRAMS AND ANY OTHER
PROGRAMS FOR THE PAYMENT OF FINES BY CREDIT CARD OR  SIMILAR  DEVICE  IN
TOWN AND VILLAGE COURTS, INCLUDING PROGRAMS WHERE THE EQUIPMENT COSTS OR
ADMINISTRATIVE  OR  TRANSACTIONAL FEES ARE FINANCED BY THE STATE, TO THE
CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS  AND  MEANS
COMMITTEE.
  S  2.  Paragraph  (j) of subdivision 2 of section 212 of the judiciary
law, as amended by chapter 537 of the laws of 2003, is amended  to  read
as follows:
  (j)  (I)  Notwithstanding  any provision of law, rule or regulation to
the contrary, establish a system for the posting of bail  in  court  and
the payment of fines, mandatory surcharges, crime victim assistance fees
and  court  fees  by credit card or similar device. In establishing such
system, the chief administrator shall seek the assistance of  the  state
comptroller  who  shall assist in developing such system so as to ensure
that such funds shall be returned to any jurisdiction which, by law, may
be entitled to them. The chief administrator shall  periodically  accord
the  head  of  each  police  department or police force and of any state
department, agency, board, commission or public authority having  police
officers  who fix pre-arraignment bail pursuant to section 150.30 of the
criminal procedure law an opportunity to  have  the  system  established
pursuant  to this paragraph apply to the posting of pre-arraignment bail
with police officers under his or her jurisdiction.
  (II) TO ESTABLISH, IN CONSULTATION WITH THE STATE COMPTROLLER, A PILOT
PROGRAM FOR THE PAYMENT OF FINES BY CREDIT CARD  OR  SIMILAR  DEVICE  IN
TOWN  AND VILLAGE COURTS. THE PROGRAM SHALL UTILIZE VENDORS WHO, FOR THE
PURPOSE OF THIS PILOT PROGRAM, SHALL BE EXPRESSLY AUTHORIZED TO  COLLECT
AND  MAINTAIN  CUSTODY  OF  ANY  PUBLIC  FUNDS  INVOLVED  WITH THE PILOT
PROGRAM. CREDIT CARD PROCESSING EQUIPMENT SHALL BE PROVIDED  BY  VENDORS
TO  PARTICIPATING  TOWN  AND  VILLAGE  COURTS  AT NO COST TO THE TOWN OR
VILLAGE OR THE STATE.
  ANY ADMINISTRATIVE AND TRANSACTIONAL FEES ASSOCIATED WITH SUCH  CREDIT
CARD  TRANSACTIONS SHALL BE PAID BY THE PARTY MAKING PAYMENT OF THE FINE
AND NOT BY THE PARTICIPATING TOWN,  VILLAGE  OR  THE  STATE.  THE  PILOT
PROGRAM  SHALL  BE  ESTABLISHED  IN  AT  LEAST  FIFTY TOWNS AND VILLAGES
LOCATED THROUGHOUT THE STATE. TOWN AND VILLAGE COURTS  PARTICIPATING  IN
THE  PILOT  PROGRAM  SHALL ONLY UTILIZE CREDIT CARD PAYMENT SYSTEMS THAT
SATISFY THESE REQUIREMENTS. THE CHIEF ADMINISTRATOR SHALL  PROVIDE  DATA
REGARDING  UTILIZATION  AND  COST  OF  THE  PILOT PROGRAMS AND ANY OTHER
PROGRAMS FOR THE PAYMENT OF FINES BY CREDIT CARD OR  SIMILAR  DEVICE  IN
TOWN AND VILLAGE COURTS, INCLUDING PROGRAMS WHERE THE EQUIPMENT COSTS OR

S. 5539                             3

ADMINISTRATIVE  OR  TRANSACTIONAL FEES ARE FINANCED BY THE STATE, TO THE
CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS  AND  MEANS
COMMITTEE.
  S 3. This act shall take effect immediately; provided however that the
amendments to paragraph (j) of subdivision 2 of section 212 of the judi-
ciary  law made by section one of this act shall be subject to the expi-
ration and reversion of such paragraph pursuant to section 7 of  chapter
457  of the laws of 2005, as amended, when upon such date the provisions
of section two of this act shall take effect.