Assembly Bill A4284

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

                                  4284

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced by M. of A. P. RIVERA -- Multi-Sponsored by -- M. of A. BREN-
  NAN,  BURLING, BUTLER, CLARK, COLTON, COOK, CROUCH, CYMBROWITZ, DESTI-
  TO, FARRELL, GALEF, HAYES, HEASTIE, HOOPER, MARKEY,  MAYERSOHN,  McDO-
  NOUGH,  McENENY,  J. MILLER,  OAKS,  ORTIZ, PERRY, PHEFFER, J. RIVERA,
  N. RIVERA, THIELE, TOWNS,  WEINSTEIN,  WEISENBERG  --  read  once  and
  referred to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to imposing an
  additional surcharge for violations relating to driving while  intoxi-
  cated  and  while  impaired;  and  to  amend the state finance law, in
  relation to establishing the New York state victims of  drunk  driving
  trust fund

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

  Section 1. 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 section  eleven
hundred  ninety-two  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] THIRTY-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 TWENTY-FIVE DOLLARS OF such money in the state treas-
ury pursuant to section one hundred twenty-one of the state finance  law
to  the  credit of the general fund AND TEN DOLLARS OF SUCH MONEY IN THE
STATE TREASURY PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF  THE  STATE
FINANCE LAW TO THE CREDIT OF THE NEW YORK STATE VICTIMS OF DRUNK DRIVING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00036-01-1
              

A. 4284                             2

TRUST  FUND  ESTABLISHED  PURSUANT TO SECTION EIGHTY-NINE-H OF THE STATE
FINANCE LAW.
  S  2. The state finance law is amended by adding a new section 89-h to
read as follows:
  S 89-H. NEW YORK STATE VICTIMS OF DRUNK DRIVING TRUST FUND. 1.   THERE
IS HEREBY ESTABLISHED, IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXA-
TION  AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE
"NEW YORK STATE VICTIMS OF DRUNK DRIVING TRUST FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY  THE  COMPTROLLER
PURSUANT  TO  SECTION EIGHTEEN HUNDRED NINE-C OF THE VEHICLE AND TRAFFIC
LAW, AND ALL OTHER GRANTS, BEQUESTS AND OTHER MONEYS APPROPRIATED, CRED-
ITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR  SOURCE  PURSUANT  TO
LAW.
  3.  MONEYS  IN  THE NEW YORK STATE VICTIMS OF DRUNK DRIVING TRUST FUND
SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS
IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMP-
TROLLER.
  4. THE MONEYS OF THE NEW YORK STATE VICTIMS  OF  DRUNK  DRIVING  TRUST
FUND, FOLLOWING APPROPRIATION THEREOF, SHALL BE EXPENDED AS FOLLOWS:
  (A)  ONE-THIRD OF SUCH MONEYS SHALL BE EXPENDED BY THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES PURSUANT TO TITLE D  OF  THE  MENTAL
HYGIENE LAW FOR ADOLESCENT ALCOHOL ABUSE PREVENTION PROGRAMS IN COMMUNI-
TIES  WITH THE HIGHEST DOCUMENTED NEED FOR INTERVENTION AS DETERMINED BY
THE COMMISSIONER OF SUCH OFFICE;
  (B) ONE-THIRD OF SUCH MONEYS SHALL BE EXPENDED BY THE OFFICE OF VICTIM
SERVICES PURSUANT TO ARTICLE TWENTY-TWO OF THE EXECUTIVE LAW TO  PROVIDE
COMPENSATION  TO VICTIMS OF VIOLATIONS OF SECTION ELEVEN HUNDRED NINETY-
TWO OF THE VEHICLE AND TRAFFIC LAW, AND THE FAMILIES  OF  SUCH  VICTIMS;
AND
  (C)  ONE-THIRD  OF  SUCH MONEYS SHALL BE ALLOCATED TO THE JURISDICTION
WITH A SPECIAL TRAFFIC OPTIONS PROGRAM  FOR  DRIVING  WHILE  INTOXICATED
ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THE VEHI-
CLE AND TRAFFIC LAW IN WHICH SUCH MONEYS WERE COLLECTED, AND EXPENDED BY
SUCH JURISDICTION PURSUANT TO SUCH SECTION.
  S 3. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
offenses committed on or after such effective date.