senate Bill S4485

Signed By Governor
2013-2014 Legislative Session

Provides for the refund of certain mandatory surcharges and fees to be made by the department, agency or court that collected such surcharge or fee

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Archive: Last Bill Status Via A7182 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 signed chap.525
Dec 06, 2013 delivered to governor
Jun 12, 2013 returned to assembly
passed senate
3rd reading cal.1159
substituted for s4485
Jun 12, 2013 substituted by a7182
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1159
Apr 03, 2013 referred to codes

Votes

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S4485 - Bill Details

See Assembly Version of this Bill:
A7182
Law Section:
Penal Law
Laws Affected:
Amd ยง60.35, Pen L

S4485 - Bill Texts

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Provides for the refund of certain mandatory surcharges and fees to be made by the department, agency or court that collected such surcharge or fee.

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BILL NUMBER:S4485

TITLE OF BILL: An act to amend the penal law, in relation to the
refund of certain mandatory surcharges and fees

PURPOSE:

To correct a technical error in the Penal Law so that applications for
the refund of certain mandatory surcharges and fees, when appropriate,
are made to the department, agency or court that collected such
surcharge or fee rather than to the State Comptroller.

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Subdivision 4 of Section 60.35 of
the Penal Law to correct the existing law to conform with current
practice so that applications for refunds of certain mandatory
surcharges and fees are sent to the department, agency or court that
collected the surcharge or fee, except in the case of a town or
village court, rather than to the State Comptroller. This bill would
continue to require that applications for a refund of a surcharge or
fee imposed and collected by a town or village court be made to the
State Comptroller.

PRIOR LEGISLATIVE HISTORY:

New bill.

JUSTIFICATION:

The law currently states that any person who has paid a mandatory
surcharge, sex offender registration fee, DNA databank fee. a crime
victim assistance fee or a supplemental sex offender fee based upon a
conviction that is subsequently reversed, or if such surcharge or fee
is subsequently determined not to have been required, shall make an
application to the State Comptroller for a refund of such surcharge or
fee.

Based upon this provision of law, it is routine for individuals to
write to the State Comptroller seeking refunds of amounts that
typically range from fifty to one hundred dollars. Other than in the
case of a surcharge or fee imposed by a town or village court, the
submission of such requests for refunds directly to the State
Comptroller is inconsistent with general State refund procedures, as
set forth in Subdivision 15 of Section 8 of the State Finance Law,
whereby the State Comptroller audits and approves refunds after
certification by the head of the department or agency. Such
Subdivision clearly recognizes that, other than in the case of a town
or village court, the departments, agencies or courts that collect the
fees are best able to evaluate refund requests before they are
certified by the State Comptroller.

Additionally, the Office of the State Comptroller does not maintain
the records that are relevant to Penal Law Section 60.35 refund
applications. As a result, when a refund application is sent to the
Office of the State Comptroller under current law; other than in the
case of a town or village court, the Office of the State Comptroller


has to return the refund application to the requestor with directions
that such application be resubmitted to the department, agency or
court that collected the mandatory surcharge or fee. This delays the
payment of such refunds to the individuals who are entitled to them.

The requirement under Penal Law Section 60.35 that a refund
application for a surcharge or fee that was imposed and collected by a
town or village court be made to the State Comptroller will not be
effected by this bill.

The State Comptroller urges the passage of this proposed legislation.

FISCAL IMPLICATIONS FOR STATE:

This bill has no significant State fiscal impact.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  4485

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- (at request of the State Comptroller) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to the refund of certain
  mandatory surcharges and fees

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

  Section 1. Subdivision 4 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:
  4. Any person who has paid a mandatory surcharge, sex offender  regis-
tration  fee,  DNA  databank  fee,  a  crime  victim assistance fee or a
supplemental sex offender victim fee under the authority of this section
based upon a conviction that is subsequently  reversed  or  who  paid  a
mandatory  surcharge, sex offender registration fee, DNA databank fee, a
crime victim assistance fee or  supplemental  sex  offender  victim  fee
under  the  authority of this section which is ultimately determined not
to be required by this section shall be entitled to  a  refund  of  such
mandatory  surcharge,  sex  offender registration fee, DNA databank fee,
crime victim assistance fee or supplemental sex offender victim fee upon
application, IN THE CASE OF A TOWN OR VILLAGE COURT, to the state  comp-
troller.  The state comptroller shall require such proof as is necessary
in order to determine whether a refund is required by law.  IN ALL OTHER
CASES, SUCH APPLICATION SHALL BE MADE TO THE DEPARTMENT, AGENCY OR COURT
THAT  COLLECTED  SUCH SURCHARGE OR FEE. SUCH DEPARTMENT, AGENCY OR COURT
SHALL INITIATE THE REFUND PROCESS AND THE STATE  COMPTROLLER  SHALL  PAY
THE REFUND PURSUANT TO SUBDIVISION FIFTEEN OF SECTION EIGHT OF THE STATE
FINANCE LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08145-02-3

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