S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  909--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. LUPARDO, SKOUFIS -- read once and referred to the
   Committee  on Transportation -- recommitted to the Committee on Trans-
   portation in accordance with Assembly Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the vehicle and traffic law, in relation to distribution
   of  certain  mandatory  surcharges imposed for alcohol-related traffic
   convictions; and to amend the state finance law, in relation to estab-
   lishing an impaired driving safety fund
 
   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 and subparagraph 3 as amended by  chapter  345  of  the
 laws of 2007, 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 collected by any court, judge, magistrate or other
 officer  within  that  county,  including,  where appropriate, a hearing
 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, SUBDIVI-
 SION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT,  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 article;  and  (3)  imposed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02167-04-8

 A. 909--A                           2
 
 upon a conviction for: aggravated vehicular assault, pursuant to section
 120.04-a of the penal law; vehicular assault in the first degree, pursu-
 ant  to section 120.04 of the penal law; vehicular assault in the second
 degree,  pursuant to section 120.03 of the penal law; aggravated vehicu-
 lar 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.
   § 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: (A) 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; (B) 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]  (C)  IMPOSED AND COLLECTED FOR VIOLATIONS OF PARAGRAPH (F)
 OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS  CHAP-
 TER  OR  FOR  VIOLATIONS  OF  SUBDIVISION NINE OF SECTION ELEVEN HUNDRED
 NINETY-EIGHT OF THIS CHAPTER; (D) collected by any court, judge,  magis-
 trate or other officer imposed upon a conviction for: aggravated vehicu-
 lar  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
 (E) civil penalties imposed pursuant to subdivision two of section elev-
 en hundred ninety-four-a of this chapter, shall be paid to such county.
   § 3. 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:   (A)  section
 eleven  hundred  ninety-two  of this chapter; (B) SUBPARAGRAPHS (II) AND
 (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I)  OF  PARA-
 GRAPH  (A)  OF  SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS
 CHAPTER; (C) PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF  SECTION  ELEVEN
 HUNDRED  NINETY-SIX  OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION
 ELEVEN HUNDRED NINETY-EIGHT 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 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

 A. 909--A                           3
 
 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 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; PROVIDED, HOWEVER, COMMENCING ON THE FIRST DAY  OF  APRIL,
 TWO THOUSAND NINETEEN, THE STATE COMPTROLLER SHALL DEPOSIT FIFTY PERCENT
 OF SUCH MONEY TO THE CREDIT OF THE IMPAIRED DRIVING SAFETY FUND PURSUANT
 TO  SECTION  EIGHTY-NINE-I OF THE STATE FINANCE LAW AND SUCH MONEY SHALL
 BE DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF  SUCH  SECTION;  AND
 COMMENCING  ON  THE  FIRST  DAY  OF APRIL, TWO THOUSAND TWENTY AND EVERY
 FISCAL YEAR THEREAFTER, THE STATE COMPTROLLER  SHALL  DEPOSIT  ALL  SUCH
 MONEY  TO  THE  CREDIT  OF  THE IMPAIRED DRIVING SAFETY FUND PURSUANT TO
 SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW AND SUCH MONEY  SHALL  BE
 DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF SUCH SECTION.
   §  4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
 of the vehicle and traffic law, as added by section  1  of  part  EE  of
 chapter 56 of the laws of 2008, are amended to read as follows:
   b. Notwithstanding any other provision of law, whenever proceedings in
 a  court  of  this state result in a conviction pursuant to: (1) section
 eleven hundred ninety-two of this chapter; (2)  SUBPARAGRAPHS  (II)  AND
 (III)  OF  PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
 GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED  ELEVEN  OF  THIS
 CHAPTER;  (3)  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF SECTION ELEVEN
 HUNDRED NINETY-SIX OF THIS CHAPTER; OR (4) SUBDIVISION NINE  OF  SECTION
 ELEVEN  HUNDRED  NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in
 addition to any sentence or other surcharge  required  or  permitted  by
 law, an additional surcharge of one hundred seventy dollars.
   2.  The  additional surcharges 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 such surcharges, the collecting authority  shall
 pay  such  money to the state comptroller to be deposited to the general
 fund; PROVIDED, HOWEVER, COMMENCING ON THE FIRST DAY OF APRIL, TWO THOU-
 SAND NINETEEN, THE STATE COMPTROLLER SHALL DEPOSIT FIFTY PERCENT OF SUCH
 MONEY TO THE CREDIT OF THE IMPAIRED  DRIVING  SAFETY  FUND  PURSUANT  TO
 SECTION  EIGHTY-NINE-I  OF THE STATE FINANCE LAW AND SUCH MONEY SHALL BE
 DISTRIBUTED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SUCH  SECTION;  AND
 COMMENCING  ON  THE  FIRST  DAY  OF APRIL, TWO THOUSAND TWENTY AND EVERY
 FISCAL YEAR THEREAFTER, THE STATE COMPTROLLER  SHALL  DEPOSIT  ALL  SUCH
 MONEY  TO  THE  CREDIT  OF  THE IMPAIRED DRIVING SAFETY FUND PURSUANT TO
 SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW AND SUCH MONEY  SHALL  BE
 DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF SUCH SECTION.
   §  5. The state finance law is amended by adding a new section 89-i to
 read as follows:
   § 89-I. IMPAIRED DRIVING SAFETY FUND. 1. THERE IS  HEREBY  ESTABLISHED
 IN  THE  CUSTODY  OF  THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE
 "IMPAIRED DRIVING SAFETY FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE FOR THE
 COLLECTION OF SURCHARGES IMPOSED PURSUANT TO SECTIONS  EIGHTEEN  HUNDRED
 NINE-C  AND  EIGHTEEN  HUNDRED NINE-E OF THE VEHICLE AND TRAFFIC LAW AND
 ALL OTHER GRANTS, BEQUESTS OR OTHER  MONEYS  APPROPRIATED,  CREDITED  OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.    THIRTY-THREE PERCENT, BUT NOT MORE THAN THREE MILLION DOLLARS OF
 MONEYS IN THE IMPAIRED DRIVING SAFETY FUND SHALL BE  MADE  AVAILABLE  TO
 THE  OFFICE  OF  PROBATION  AND  CORRECTIONAL ALTERNATIVES FOR THE COSTS
 ASSOCIATED WITH MONITORING PERSONS SUBJECT  TO  THE  IGNITION  INTERLOCK

 A. 909--A                           4
 
 PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THE VEHI-
 CLE  AND TRAFFIC LAW, AND SIXTY-SEVEN PERCENT OF SUCH MONEY IN SUCH FUND
 SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES FOR DISTRIB-
 UTION  FOR  SERVICES  AND  EXPENSES  RELATED  TO  COUNTY SPECIAL TRAFFIC
 OPTIONS PROGRAMS FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEV-
 EN HUNDRED NINETY-SEVEN OF THE VEHICLE AND TRAFFIC  LAW,  AND  AN  ALLO-
 CATION  PLAN  SUBJECT  TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. IN
 THE EVENT THAT THE THIRTY-THREE PERCENT OF  SUCH  MONEYS  EXCEEDS  THREE
 MILLION  DOLLARS,  THE REMAINDER SHALL ACCRUE TO THE DEPARTMENT OF MOTOR
 VEHICLES FOR DISTRIBUTION TO COUNTY SPECIAL TRAFFIC OPTIONS PROGRAMS FOR
 DRIVING WHILE INTOXICATED IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 SUBDIVISION.
   4.  THE  MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
 OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
 OF THE DIVISION OF CRIMINAL JUSTICE  SERVICES  OR  THE  COMMISSIONER  OF
 MOTOR VEHICLES, AS APPLICABLE, INCLUDING ADVANCE OF FUNDS, IF NECESSARY,
 FOR  COSTS  INCURRED  BY  A COUNTY FOR MONITORING PERSONS SUBJECT TO THE
 IGNITION INTERLOCK PROGRAM. AT THE END OF EACH YEAR ANY MONEYS REMAINING
 IN THE FUND SHALL BE RETAINED IN THE FUND EXCLUSIVELY FOR  THE  PURPOSES
 SET  FORTH HEREIN AND SHALL NOT REVERT TO THE GENERAL FUND. THE INTEREST
 AND INCOME EARNED ON MONEYS  IN  THE  FUND  AFTER  DEDUCTING  APPLICABLE
 CHARGES SHALL BE CREDITED TO THE FUND.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.