S T A T E O F N E W Y O R K
________________________________________________________________________
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.