NY State Senate Bill 2009-S5721

Senate Bill S5721

2009-2010 Legislative Session

Relates to disposition of fine money from conditional license holders and the distribution of mandatory surcharge for alcohol related offenses

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jun 01, 2009	referred to transportation

2009-S5721 (ACTIVE) - Details

See Assembly Version of this Bill:: A8299
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1197, 1803 & 1809, V & T L; amd §60.35, Pen L

2009-S5721 (ACTIVE) - Summary

Relates to disposition of fine money imposed for infractions relating to the operation of motor vehicles by conditional license holders and the distribution of mandatory surcharge for alcohol related offenses.

2009-S5721 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5721

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to the
disposition of fine money imposed for infractions relating to the
operation of a motor vehicle by the holder of a conditional license;
and to amend the vehicle and traffic law and the penal law, in
relation to the distribution of the mandatory surcharge for certain
alcohol-related convictions


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of the bill is to reassert the Legislature's longstanding
commitment to self-sufficient, locally-based STOP-DWI programs by
assuring that fines and surcharges collected from drunk drivers
continue to be utilized to combat DWI in New York.

 SUMMARY OF SPECIFIC PROVISIONS :
(1) Provides that all mandatory surcharges imposed pursuant to VTL §
1809(1) and VTL § 1809-c for convictions under the Vehicle and Traffic
Law and the Penal Law for alcohol-related traffic convictions shall be
deposited to the credit of the STOP-DWI Program in the county (or the
City of New York) where the offense was committed.

(2) Cleans up a long-standing anomaly by providing that fines and
mandatory surcharges imposed for the offense of driving outside of the

terms of a conditional license (alcohol-related) will be deposited to
the credit of the appropriate STOP-DWI Program.

 JUSTIFICATION :
The STOP-DWI Program was enacted by the Legislature in 1981(1) to
empower local efforts to reduce alcohol and other drug-related
crashes. The STOP-DWI Law (VTL §1197) permits each of the State's 57
counties and the City of New York to establish a STOP-DWI program
which, in turn, qualifies the county/NYC for the return of all fines
collected for alcohol and other drug-related traffic offenses
occurring within its jurisdiction. Collectively, the State's 58
programs comprise a comprehensive and financially self-sustaining
statewide alcohol and highway safety program - one that serves as a
model of excellence for the rest of the nation.(2) Since the STOP-DWI
Program was enacted in November of 1981, the likelihood of being
killed by a drunk driver in New York has been reduced by an astounding
69%.

Despite the success of STOP-DWI, the Program is institutionally
fragile because the Program is funded exclusively by fines that are
levied on convicted drunk drivers. This effort began with the
establishment of mandatory minimum fines of $250 for DWAI and $350 for
DWI in the 1981 legislation. A rational fine scheme based on high
collection rates is a crucial part of the success of the Program, and
as such, has been subject to very limited increases over the years.

In 1983 the State began to assess "mandatory surcharges" on Penal Law
offenses and most offenses under the Vehicle and Traffic Law. These
surcharges were used to close budget gaps or to displace General Fund
funding for existing programs starting out innocuously enough -
beginning at $10 per conviction in 1983 and increasing to $17 in 1988
and $25 in 1989.(3) In the 1990s, the Legislature began to peg the
level of the surcharge to the gravity of the offense ($150-felony;
$85- misdemeanor; $25-offense/infraction). Those amounts have
gradually increased and additional special surcharges have been added
with each budget shortfall.  Ultimately, the revenue language in the
2008/2009 budget increased felony surcharges to $300, misdemeanors to
$175 and traffic infractions to $55. In addition, a special surcharge
of S170 was imposed on all alcohol-related convictions including DWAI.

Thus, a person convicted of an alcohol-related offense and assessed
the minimum statutory fine will now pay the following:

                        DWI (Infraction)     DWI (Misdemeanor)
Fine:                   $ 350                   $ 500
Surcharges:             $ 225                   $ 345
Victims Fee:            $  25                   $  25
Driver Assessment:      $ 750 ($250 x 3 years)  $ 750

Total                   $1350                   $1620

Of the total amount, only $350 for a DWAI conviction or $500 for a DWI
conviction  goes  back to support the programs in our communities that
constitute the backbone of the comprehensive  fight  to  reduce  drunk
driving,   while   $975   goes   for  budget  relief.  The  unintended
consequences are obvious and notable: courts are imposing lower  fines
because  of  the massive financial burden engendered by the surcharges
and courts are having a difficult time collecting the entire  amounts.
Furthermore,  if  the  entire amount is not collected, the Comptroller
pays the State  portion  first,  thereby  depriving  the  programs  of
essential    revenue.    The    combined    impact   on   New   York's
nationally-recognized local-option programs has been significant,  and
does  not  bode  well  for  the  future,  as  declining  revenue  will
ultimately result in less enforcement, prosecution, rehabilitation and
education programs - all at the expense of the  core  mission  of  the
program   when  established  in  1981:  to  reduce  the  incidence  of
alcohol-related traffic fatalities.

The purpose of this legislation is to restore the original  intent  of
the  1981  STOP-DWI  legislation  by  linking  fine and surcharges for
alcohol-related offenses and having them deposited to  the  credit  of
the local programs.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Adjusting  for  average  collection  rates  based on level of offense:
$4.5M shifted to localities.

 EFFECTIVE DATE :
The provisions of this act shall take effect on April 1, 2010.
(1) Chapters 910 and 913 of the Laws of 1981
(2) Congress has awarded federal incentive funding to other states  to
adopt  self-sufficient  programs  modeled on STOP-DWI. The Program has
also been the recipient of a  Presidential  Award  for  excellence  in
highway  safety and was the first recipient of NHTSA's Safety Champion
Award (2006).
(3) Thus, for example, by 1989, a person convicted of DWI would face a
fine of $350 (returned to the county STOP-DWI Program) and $25 to  the
State.

2009-S5721 (ACTIVE) - Bill Text download pdf

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

                                  5721

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 1, 2009
                               ___________

Introduced  by  Sen. VALESKY -- 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, in relation to the disposi-
  tion of fine money imposed for infractions relating to  the  operation
  of  a  motor  vehicle  by  the holder of a conditional license; and to
  amend the vehicle and traffic law and the penal law,  in  relation  to
  the distribution of the mandatory surcharge for certain alcohol-relat-
  ed 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, 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 MANDATORY SURCHARGES SET FORTH IN SUBDIVI-
SION  ONE  OF SECTION EIGHTEEN HUNDRED NINE AND SECTION EIGHTEEN HUNDRED
NINE-C OF THIS CHAPTER collected by any  court,  judge,  magistrate,  or
other  officer within that county, including, where appropriate, a hear-
ing officer acting on behalf of the  commissioner[,]:  (1)  imposed  for
violations  of subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
sion two or subparagraph (i) of paragraph (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 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  arti-
cle;  and  (3)  imposed  upon  a  conviction  for:  aggravated vehicular

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11828-01-9

S. 5721                             2

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 chapter. 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.  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 MANDATORY SURCHARGES SET  FORTH
IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED NINE AND SECTION EIGHTEEN
HUNDRED  NINE-C  OF  THIS  CHAPTER: (1) IMPOSED AND collected [from] FOR
violations of subparagraphs (ii) and (iii) of paragraph (a) of  subdivi-
sion  two  or  subparagraph (i) of paragraph (a) of subdivision three of
section five hundred eleven[, all fines, penalties and  forfeitures]  OF
THIS CHAPTER; (2) imposed AND COLLECTED in accordance with section elev-
en  hundred ninety-three of this chapter [collected from] FOR violations
of section eleven hundred ninety-two of this chapter; [and any fines  or
forfeitures]  (3)  IMPOSED AND COLLECTED FOR VIOLATIONS OF PARAGRAPH (F)
OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS  CHAP-
TER;  (4)  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,  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;  and  (5)  civil
penalties  imposed pursuant to subdivision two of section eleven hundred
ninety-four-a of this chapter, shall be paid to such county.
  S 3. Subdivision 3 of section 1809 of the vehicle and traffic law,  as
amended  by  chapter  309  of  the  laws  of 1996, is amended to read as
follows:
  3. (A) The mandatory surcharge 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 the mandatory surcharge, the collecting authori-
ty shall determine the amount of mandatory surcharge collected [and,  if
it]. IF THE COLLECTING AUTHORITY is an administrative tribunal or a town
or  village  justice  court, EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS
SUBDIVISION, 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.
If  such  collecting  authority  is any other court of the unified court
system, it shall, within such period, EXCEPT AS  PROVIDED  IN  PARAGRAPH

S. 5721                             3

(B)  OF  THIS  SUBDIVISION,  pay such money 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.
The  crime victim assistance fee 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 the crime victim assistance fee, the  collecting
authority  shall  determine  the  amount  of crime victim assistance fee
collected and, if it is an administrative tribunal or a town or  village
justice  court,  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 crimi-
nal justice improvement account established by  section  ninety-seven-bb
of the state finance law.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION AND SUBDIVISION THREE OF SECTION 60.35 OF THE PENAL  LAW,  WHERE  A
COUNTY  HAS  ESTABLISHED  A  SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING
WHILE INTOXICATED PURSUANT TO THE PROVISIONS OF SECTION  ELEVEN  HUNDRED
NINETY-SEVEN  OF THIS CHAPTER, ALL MANDATORY SURCHARGES COLLECTED PURSU-
ANT TO THIS SECTION 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 OF THIS CHAPTER; AND
UPON A CONVICTION FOR 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, 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, SHALL BE PAID TO SUCH COUNTY WHERE THE VIOLATION UPON
WHICH THE CONVICTION WAS BASED OCCURRED.
  S 4. 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].  IF  THE
COLLECTING  AUTHORITY is  an  administrative  tribunal[,]  or  a town or
village justice  court,  EXCEPT  WITH  REGARD  TO  MANDATORY  SURCHARGES
IMPOSED  UPON CONVICTIONS FOR THOSE OFFENSES ENUMERATED IN PARAGRAPH (B)
OF SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND
TRAFFIC LAW, it shall then 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  crimi-
nal  justice  improvement account established by section ninety-seven-bb
of the state finance law. Within the first ten days of the month follow-
ing 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  twenty-one

S. 5721                             4

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, pay such money attributable 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,  EXCEPT  WITH  REGARD  TO  MANDATORY  SURCHARGES  IMPOSED   UPON
CONVICTIONS  FOR  THOSE OFFENSES ENUMERATED IN PARAGRAPH (B) OF SUBDIVI-
SION THREE OF SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE  AND  TRAFFIC
LAW,  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 5. This act shall take effect April 1, 2010.

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