S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10074--A
 
                           I N  A S S E M B L Y
 
                               March 6, 2020
                                ___________
 
 Introduced  by M. of A. LUPARDO, JAFFEE, McDONALD, SAYEGH, SIMON, ASHBY,
   CROUCH, GIGLIO, B. MILLER, FINCH, BUTTENSCHON, GRIFFIN --  Multi-Spon-
   sored  by  -- M. of A. HAWLEY, HEVESI -- read once and referred to the
   Committee on Transportation --  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 paying drug-
   impaired  driving surcharges to counties to reduce drug-impaired driv-
   ing incidences
 
   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  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
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15285-02-0

 A. 10074--A                         2
 
 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. IN ADDITION,
 ANY  SURCHARGES IMPOSED PURSUANT TO SECTIONS EIGHTEEN HUNDRED NINE-C AND
 EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER SHALL BE PAID TO SUCH COUNTY  IN
 SUCH MANNER AND FOR SUCH PURPOSES AS PROVIDED FOR IN SUCH SECTIONS. 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. Subdivision 9 of section 1803 of the vehicle and traffic law, as
 amended by chapter 196 of the laws of 1996 and the opening paragraph  as
 amended  by  chapter  345  of  the  laws  of 2007, is amended to read as
 follows:
   9. Where a county establishes a special traffic  options  program  for
 driving  while intoxicated, approved by the commissioner [of motor vehi-
 cles], 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
 subdivision  two  or  subparagraph  (i)  of paragraph (a) of subdivision
 three of section five hundred eleven[, all fines, penalties and  forfei-
 tures]  OF  THIS  CHAPTER;  (B) imposed AND COLLECTED in accordance with
 section eleven 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) 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
 (D) civil penalties imposed pursuant to subdivision two of section elev-
 en hundred ninety-four-a of this chapter, shall be paid to such  county.
 IN  ADDITION,  ANY  SURCHARGES  IMPOSED  PURSUANT  TO  SECTIONS EIGHTEEN
 HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER SHALL BE PAID
 TO SUCH COUNTY IN SUCH MANNER AND FOR SUCH PURPOSES AS PROVIDED  FOR  IN
 SUCH SECTIONS.
   [(a)]  (E)  Any  such  fine,  penalty,  or forfeiture collected by any
 court, judge, magistrate or other officer referred to in subdivision one
 of section thirty-nine of the  judiciary  law,  establishing  a  unified
 court  budget, shall be paid to that county within the first ten days of
 the month following collection.
   [(b)] (F) Any such fine, penalty, or forfeiture collected by any other
 court, judge, magistrate or other officer, including, where appropriate,
 a hearing officer acting on behalf of the commissioner, shall be paid to
 the state comptroller within the first ten days of the  month  following
 collection.  Every  such payment to the comptroller shall be accompanied
 by a statement in such form and detail as the comptroller shall provide.
 The comptroller shall pay  these  funds  to  the  county  in  which  the
 violation occurs.
   [(c)]  (G) Upon receipt of any monies referred to in this section, the
 county shall deposit them in a separate account entitled "special  traf-
 fic options program for driving while intoxicated".

 A. 10074--A                         3
 
   § 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 section eleven
 hundred ninety-two of this chapter OR 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, 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
 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 APRIL FIRST, TWO THOUSAND
 TWENTY-ONE, ALL SUCH MONEYS SHALL BE PAID TO COUNTIES PURSUANT TO SUBDI-
 VISION ONE OF SECTION ELEVEN HUNDRED NINETY-SEVEN OF  THIS  CHAPTER  AND
 SHALL  BE  USED BY EACH SUCH COUNTY FOR PROGRAMS AND INITIATIVES SPECIF-
 ICALLY DESIGNED AND ESTABLISHED TO REDUCE THE INCIDENCE OF DRUG-IMPAIRED
 DRIVING.
   § 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 section  eleven
 hundred  ninety-two  of  this chapter OR 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,  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 APRIL FIRST, TWO THOUSAND TWEN-
 TY-TWO, FIFTY PERCENT OF SUCH SURCHARGE SHALL BE PAID TO THE STATE COMP-
 TROLLER TO BE DEPOSITED TO THE GENERAL FUND AND FIFTY  PERCENT  OF  SUCH
 SURCHARGE  SHALL  BE  PAID  TO  COUNTIES  PURSUANT TO SUBDIVISION ONE OF
 SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER AND SHALL BE USED BY
 EACH SUCH COUNTY FOR PROGRAMS AND INITIATIVES SPECIFICALLY DESIGNED  AND
 ESTABLISHED  TO  REDUCE  THE  INCIDENCE  OF  DRUG-IMPAIRED  DRIVING; AND
 PROVIDED FURTHER, COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-THREE  AND
 EVERY  FISCAL  YEAR  THEREAFTER,  ONE  HUNDRED PERCENT OF SUCH SURCHARGE
 SHALL BE PAID TO COUNTIES PURSUANT TO SUBDIVISION ONE OF SECTION  ELEVEN
 HUNDRED  NINETY-SEVEN  OF  THIS  CHAPTER  AND SHALL BE USED BY EACH SUCH
 COUNTY FOR PROGRAMS AND INITIATIVES  SPECIFICALLY  DESIGNED  AND  ESTAB-
 LISHED TO REDUCE THE INCIDENCE OF DRUG-IMPAIRED DRIVING.
   §  5. The commissioner of motor vehicles shall annually certify to the
 division of the budget that  all  program  plans  eligible  for  funding
 pursuant  to  this  act  are  in  full compliance with the provisions of
 section 1197 of the vehicle and traffic  law  establishing  the  special

 A. 10074--A                         4
 
 traffic options program for driving while intoxicated, the rules promul-
 gated  pursuant  to  15  NYCRR  172  relating  to  such  program and the
 provisions of this act.
   § 6. This act shall take effect April 1, 2021.