NY State Senate Bill 2023-S2712A

Senate Bill S2712A

Signed By Governor

2023-2024 Legislative Session

Relates to paying drug-impaired driving surcharges to counties to reduce drug-impaired driving incidences

download bill text pdf

Current Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 17, 2023	signed chap.532
Oct 13, 2023	delivered to governor
Jun 07, 2023	returned to senate passed assembly ordered to third reading rules cal.626 substituted for a4755b
Jun 06, 2023	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1633 committee discharged and committed to rules
May 18, 2023	print number 2712b
May 18, 2023	amend and recommit to finance
May 15, 2023	print number 2712a
May 15, 2023	amend and recommit to finance
Feb 01, 2023	reported and committed to finance
Jan 24, 2023	referred to transportation

Votes

- Jun 6, 2023 - Floor Vote
  S2712A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Felder
  Jun 6, 2023 - Rules Committee Vote
  S2712A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 6, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

Bill Amendments

Original

B (Active)

2023-S2712 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1197, 1803, 1809-c & 1809-e, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7810
2021-2022: S3901

2023-S2712 - Summary

Pays drug-impaired driving surcharges to counties for programs and initiatives to reduce drug-impaired driving incidences.

2023-S2712 - Sponsor Memo

                                 
BILL NUMBER: S2712

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to paying drug-
impaired driving surcharges to counties to reduce drug-impaired driving
incidences

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a three-year schedule to transfer the revenue from
two mandatory surcharges for alcohol and other drug-related traffic
offenses to the STOP-DWI Program established in 1197 of the Vehicle and
Traffic Law.

 
SUMMARY OF PROVISIONS:

(1) Amends paragraph (a) of subdivision 1 of VTL S 1197 and the Opening
paragraph of subdivision 9 of S 1803 of such law to authorize counties
that have established a STOP-DWI Program to receive surcharge monies
imposed pursuant to VTL SS 1809-c and 1809-e for initiatives designed to

reduce the incidence of drug-related driving.

(2).Amends subdivisions 1 and 2 of VTL § 1809-c, which establishes a
mandatory surcharge of $25 to be imposed upon all persons convicted of
an alcohol or other drug-related traffic offense pursuant to VTL 1192,
to provide that commencing FY 2021, such surcharge shall be directed to
the county STOP-DWI program where the conviction occurs.  All surcharge
money transferred pursuant to this section shall be utilized by the
programs for initiatives designed to reduce the incidence of drug-relat-
ed driving. The provision also applies the surcharge to the two crimes
of alcohol-related aggravated unlicensed operation set forth in VTL §
511. Under existing law, the fines for those offenses are earmarked for
the STOP-DWI programs. This would treat the surcharges for those
offenses in the same manner.

(3) Amends subdivisions 1 and 2 of VTL § 1809-e, which establishes a
mandatory surcharge of $170 to be imposed upon all persons convicted of
an alcohol or other drug-related traffic offense pursuant to VTL S 1192,
to provide that commencing .FY 2022, 50t of such surcharge shall be
directed to the county STOP-DWI program where the conviction occurs; and
commencing FY 2023 the entire amount of the surcharge shall accrue to
the benefit of those programs. All surcharge money transferred pursuant
to this section shall be utilized by the programs for initiatives
designed to reduce the incidence of drug-related driving. Similar to the
surcharge imposed pursuant to VTL § 1809-c (above), the provision also
applies the surcharge to the two crimes of alcohol-related aggravated
unlicensed operation set forth in VTL § 511.

(4) The Commissioner of Motor Vehicles, who oversees the STOP-DWI
Program, shall annually certify to the division of the budget that all
county STOP-DWI programs eligible for funding are in full compliance
with their statutory and regulatory authority relating the program and
the provisions of this chapter.

 
JUSTIFICATION:


In 1981, New York moved to the national forefront of the movement to
address the epidemic of impaired and intoxicated driving when it enacted
the STOP-DWI Program (VTL . 1197) (the "Program"). The Program contained
two parts: first it established mandatory minimum fines for all levels
of DWI; and second, it allowed counties (and NYC) to keep the fine money
assessed within its borders provided it established a dedicated office
and program to fund activities ranging from enforcement to rehabili-
tation with the sole priority of reducing the incidence of alcohol and
other drug-related traffic fatalities.  By 1983 every county had estab-
lished a program, tailoring strategies around the unique challenges
presented within its borders. Within 10 years after the program was
established, the likelihood of being involved in a drunk driving crash
was reduced by almost 70%.

In 2003, a new $25 surcharge was imposed exclusively on convicted drunk
and drugged drivers exclusively for short-term budget relief, the
proceeds accruing to the General Fund. In 2008 an additional budget
relief surcharge of $170 was imposed upon convicted drunk and drugged
drivers. These surcharges were imposed on top of the underlying fine the
special surcharge for the Criminal Justice Improvement Account
(DCJS)(1), the Crime Victims Fee, a $750 Special Assessment from DMV,
and the cost of installing an Ignition interlock device, if applicable.
The unintended consequences of these two, short-term budget fixes
include their impact on the STOP-DWI Program.

Where courts used to impose fines based on a balance of aggravating and
mitigating factors related to the offense, now they regularly impose the
statutory minimums (or less) because the combined financial penalty is
so great. Indeed, many judges now are imposing only the surcharges
(which are devoid of any public policy rationale) because they believe
they have discretion regarding the fine, but are required to impose the
surcharges. The result has been predictable:  the county programs have
seen a sequential reduction in the level of fines imposed,. thereby
curtailing their only source of revenue.  This, in turn, undercuts the
initiatives and strategies associated with their mission. Moreover,
because the underlying fines are (pursuant to the CPL) the last in
priority of collection, they are rarely fully collected. Town and
Village Courts lack the resources to enforce collection of the myriad
financial obligations, and County Courts, which deal with the more seri-
ous offenders, set up payment plans through the County Clerk - a totally
separate branch of government with no power to compel collection.

As a result of both the reduced fine imposition and limited fine
collection, revenue for the Program has receded to such an extent that
the very backbone of the State's most important tool against drunk driv-
ing is endanger of collapsing, county by county. Indeed, revenue for the
statewide Program has declined by 21% over the past 10 years.  That is a
$7M reduction from the Program's pre-surcharge revenue years. Forty-five
of the 57 local programs (NYC is treated as a single program) have shown
a decline since 2008- many of them by as much as 50%.

While repeal of these surcharges would make sense from a public policy
viewpoint, new challenges related to the opioid crisis, the influx of
designer drugs, and the decriminalization, and the increasing likelihood
of legalization of recreational cannabis, are facing the county programs
throughout the State. There is little doubt that drugged driving has the
potential to reach crisis proportion in the coming years. Data from
other states has been fairly indicative-of what we will be facing. The
infrastructure to deal with it is in place. But it has to be preserved
and enhanced. This legislation accomplishes the dual task of shoring up
the fiscal integrity of the STOP-DWI Program while providing an impor-
tant funding stream to address the myriad issues related to the increase
in drugged driving.

 
LEGISLATIVE HISTORY:

2020: S.7810 Referred to Transportation/ A.10074 Referred to Transporta-
tion

 
FISCAL IMPLICATIONS:

* FY 2023 - permanently transfer the $25 surcharge under VTL 1809(c)
back to the counties, directing that it be used exclusively for drugged
driving training, enforcement, etc. Leave the $170 surcharge under via,
1809(e) to the GE

 
EFFECTIVE DATE:
This Act shall take effect on the first day of April 2024.
(1) $300 for a felony;. $175 for a misdemeanor; and $85 for an offense
(or traffic infraction)
(2) Fiscal estimates are based on surcharge collection rate of 70% which
is borne out by historical data.

2023-S2712 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2712
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 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.
                                                            LBD07149-01-3

 S. 2712                             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. A. 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: (1) 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; (2) 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] (3) 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
 (4) 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)] B. 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)]  C. 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)]  D.  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".
 S. 2712                             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-FOUR, ALL SUCH MONEYS 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.
   § 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-FIVE, FIFTY PERCENT OF SUCH SURCHARGE SHALL  BE  PAID  TO  THE  STATE
 COMPTROLLER  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-SIX 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
 S. 2712                             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, 2024.

2023-S2712A - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1197, 1803, 1809-c & 1809-e, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7810
2021-2022: S3901

2023-S2712A - Summary

Pays drug-impaired driving surcharges to counties for programs and initiatives to reduce drug-impaired driving incidences.

2023-S2712A - Sponsor Memo

                                 
BILL NUMBER: S2712A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to paying drug-
impaired driving surcharges to counties to reduce drug-impaired driving
incidences

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a schedule to transfer the revenue from two manda-
tory surcharges for alcohol and other drug-related traffic offenses to
the STOP-DWI Program established in Section 1197 of the Vehicle and
Traffic Law.

 
SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (a) of subdivision 1 of section 1197 of the
Vehicle and Traffic Law.

Section 2: Amends subdivision 9 of section 1803 of the Vehicle and Traf-

fic Law.

Section 3: Amends subdivisions 1 and 2 of section 1809-c of the Vehicle
and Traffic Law.

Section 4: Amends paragraph b of subdivision 1 and subdivision 2 of
section 1809-e of the Vehicle and Traffic Law.

Section 5: States that the Commissioner of Motor Vehicles, who oversees
the STOP-DWI program, shall annually certify to the division of the
budget that all county STOP-DWI programs eligible for funding are in
full compliance with their statutory and regulatory authority relating
the program and the provisions of this chapter.

Section 6: Establishes the effective date.

 
JUSTIFICATION:

In 1981, New York moved to the national forefront of the movement to
address the epidemic of impaired and intoxicated driving when it enacted
the STOP-DWI Program (Vehicle and Traffic Law section 1197) (the
"Program"). The Program contained two parts: first it established manda-
tory minimum fines for all levels of DWI; and second, it allowed coun-
ties (and NYC) to keep the fine money assessed within its borders
provided it established a dedicated office and program to fund activ-
ities ranging from enforcement to rehabilitation with the sole priority
of reducing the incidence of alcohol and other drug-related traffic
fatalities. By 1983 every county had established a program, tailoring
strategies around the unique challenges presented within its borders.
Within 10 years after the program was established, the likelihood of
being involved in a drunk driving crash was reduced by almost 70%.

In 2003, a new $25 surcharge was imposed exclusively on convicted drunk
and drugged drivers exclusively for short-term budget relief, the
proceeds accruing to the General Fund. In 2008 an additional budget
relief surcharge of $170 was imposed upon convicted drunk and drugged
drivers. These surcharges were imposed on top of the underlying fine the
special surcharge for the Criminal Justice Improvement Account (DCJS)
(1), the Crime Victims Fee, a $750 Special Assessment from DMV, and the
cost of installing an Ignition interlock device, if applicable. The
unintended consequences of these two, short-term budget fixes include
their impact on the STOP-DWI Program.

Where courts used to impose fines based on a balance of aggravating and
mitigating factors related to the offense, now they regularly impose the
statutory minimums (or less) because the combined financial penalty is
so great. Indeed, many judges now are imposing only the surcharges
(which are devoid of any public policy rationale) because they believe
they have discretion regarding the fine but are required to impose the
surcharges. The result has been predictable:  the county programs have
seen a sequential reduction in the level of fines imposed. Thereby
curtailing their only source of revenue. This, in turn, undercuts the
initiatives and strategies associated with their mission. Moreover,
because the underlying fines are (pursuant to the CPL) the last in
priority of collection, they are rarely fully collected. Town and
Village Courts lack the resources to enforce collection of the myriad
financial obligations, and County Courts, which deal with the more seri-
ous offenders, set up payment plans through the County Clerk - a totally
separate branch of government with no power to compel collection.

As a result of both the reduced fine imposition and limited fine
collection, revenue for the Program has receded to such an extent that
the very backbone of the State's most important tool against drunk driv-
ing is endanger of collapsing, county by county. Indeed, revenue for the
statewide Program has declined by 21% over the past 10 years. That is a
$7M reduction from the Program's pre-surcharge revenue years. Forty-five
of the 57 local programs (NYC is treated as a single program) have shown
a decline since 2008- many of them by as much as 50%.

While repeal of these surcharges would make sense from a public policy
viewpoint, new challenges related to the opioid crisis, the influx of
designer drugs, and the decriminalization, and the legalization of adult
use cannabis, are facing the county programs throughout the State. There
is little doubt that drugged driving has the potential to reach crisis
proportion in the coming years. Data from other states has been fairly
indicative of what we will be facing. The infrastructure to deal with it
is in place. But it has to be preserved and enhanced. This legislation
accomplishes the dual task of shoring up the fiscal integrity of the
STOP-DWI Program while providing an important funding stream to address
the myriad issues related to the increase in drugged driving.

 
LEGISLATIVE HISTORY:

Formerly S.3901/A9985 of 2022, died in the Transportation Committee.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first day of April 2024.

2023-S2712A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2712--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07149-05-3

 S. 2712--A                          2
 
 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. 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. A. 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: (1) 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; (2) 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] (3) 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
 (4) 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)] B. 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)]  C. 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.
 S. 2712--A                          3
 
   [(c)]  D.  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".
   § 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-FOUR, ALL SUCH MONEYS 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.
   § 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-FOUR, SUCH SURCHARGE SHALL BE PAID TO COUNTIES PURSUANT  TO  SUBDIVI-
 SION  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.
   §  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
 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, 2024.

2023-S2712B (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1197, 1803, 1809-c & 1809-e, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7810
2021-2022: S3901

2023-S2712B (ACTIVE) - Summary

Pays drug-impaired driving surcharges to counties for programs and initiatives to reduce drug-impaired driving incidences.

2023-S2712B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2712B

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to paying drug-
impaired driving surcharges to counties to reduce drug-impaired driving
incidences

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a three-year schedule to transfer the revenue from
two mandatory surcharges for alcohol and other drug-related traffic
offenses to the STOP-DWI Program established in Section 1197 of the
Vehicle and Traffic Law.

 
SUMMARY OF PROVISIONS:

(1) Amends paragraph (a) of subdivision 1 of VTL S 1197 and the Opening
paragraph of subdivision 9 of S 1803 of such law to authorize counties
that have established a STOP-DWI Program to receive surcharge monies
imposed pursuant to VTL SS 1809-c and 1809-e for initiatives designed to

reduce the incidence of drug-related driving.

(2) Amends subdivisions 1 and 2 of VTL § 1809-c, which establishes a
mandatory surcharge of $25 to be imposed upon all persons convicted of
an alcohol or other drug-related traffic offense pursuant to VTL 1192,
to provide that commencing FY 2021, such surcharge shall be directed to
the county STOP-DWI program where the conviction occurs.  All surcharge
money transferred pursuant to this section shall be utilized by the
programs for initiatives designed to reduce the incidence of drug-relat-
ed driving. The provision also applies the surcharge to the two crimes
of alcohol-related aggravated unlicensed operation set forth in VTL §
511. Under existing law, the fines for those offenses are earmarked for
the STOP-DWI programs. This would treat the surcharges for those
offenses in the same manner.

(3) Amends subdivisions 1 and 2 of VTL § 1809-e, which establishes a
mandatory surcharge of $170 to be imposed upon all persons convicted of
an alcohol or other drug-related traffic offense pursuant to VTL S 1192,
to provide that commencing .FY 2022, 50t of such surcharge shall be
directed to the county STOP-DWI program where the conviction occurs; and
commencing FY 2023 the entire amount of the surcharge shall accrue to
the benefit of those programs. All surcharge money transferred pursuant
to this section shall be utilized by the programs for initiatives
designed to reduce the incidence of drug-related driving. Similar to the
surcharge imposed pursuant to VTL § 1809-c (above), the provision also
applies the surcharge to the two crimes of alcohol-related aggravated
unlicensed operation set forth in VTL § 511.

(4) The Commissioner of Motor. Vehicles, who oversees the STOP-DWI
Program, shall annually certify to the division of the budget that all
county STOP-DWI programs eligible for funding are in full compliance
with their statutory and regulatory authority relating the program and
the provisions of this chapter.

 
JUSTIFICATION:


In 1981, New York moved to the national forefront of the movement to
address the epidemic of impaired and intoxicated driving when it enacted
the STOP-DWI Program (VTL 1197) (the "Program"). The Program contained
two parts: first it established mandatory minimum fines for all levels
of DWI; and second, it allowed counties (and NYC) to keep the fine money
assessed within its borders provided it established a dedicated office
and program to fund activities ranging from enforcement to rehabili-
tation with the sole priority of reducing the incidence of alcohol and
other drug-related traffic fatalities. By 1983 every county had estab-
lished a program, tailoring strategies around the unique challenges
presented within its borders. Within 10 years after the program was
established, the likelihood of being involved in a drunk driving crash
was reduced by almost 70%.

In 2003, a new $25 surcharge was imposed exclusively on convicted drunk
and drugged drivers exclusively for short-term budget relief, the
proceeds accruing to the General Fund. In 2008 an additional budget
relief surcharge of $170 was imposed upon convicted drunk and drugged
drivers. These surcharges were imposed on top of the underlying fine the
special surcharge for the Criminal Justice Improvement Account
(DCJS)(1), the Crime Victims Fee, a $750 Special Assessment from DMV,
and the cost of installing an Ignition interlock device, if applicable.
The unintended consequences of these two, short-term budget fixes
include their impact on the STOP-DWI Program.

Where courts used to impose fines based on a balance of aggravating and
mitigating factors related to the offense, now they regularly impose the
statutory minimums (or less) because the combined financial penalty is
so great. Indeed, many judges now are imposing only the surcharges
(which are devoid of any public policy rationale) because they believe
they have discretion regarding the fine, but are required to impose the
surcharges. The result has been predictable:  the county programs have
seen a sequential reduction in the level of fines imposed. Thereby
curtailing their only source of revenue. This, in turn, undercuts the
initiatives and strategies associated with their mission. Moreover,
because the underlying fines are (pursuant to the CPL) the last in
priority of collection, they are rarely fully collected. Town and
Village Courts lack the resources to enforce collection of the myriad
financial obligations, and County Courts, which deal with the more seri-
ous offenders, set up payment plans through the County Clerk - a totally
separate branch of government with no power to compel collection.

As a result of both the reduced fine imposition and limited fine
collection, revenue for the Program has receded to such an extent that
the very backbone of the State's most important tool against drunk driv-
ing is endanger of collapsing, county by county. Indeed, revenue for the
statewide Program has declined by 21% over the past 10 years. That is a
$7M reduction from the Program's pre-surcharge revenue years. Forty-five
of the 57 local programs (NYC is treated as a single program) have shown
a decline since 2008- many of them by as much as 50%.

While repeal of these surcharges would make sense from a public policy
viewpoint, new challenges related to the opioid crisis, the influx of
designer drugs, and the decriminalization, and the legalization of adult
use cannabis, are facing the county programs throughout the State. There
is little doubt that drugged driving has the potential to reach crisis
proportion in the coming years. Data from other states has been fairly
indicative of what we will be facing. The infrastructure to deal with it
is in place. But it has to be preserved and enhanced. This legislation
accomplishes the dual task of shoring up the fiscal integrity of the
STOP-DWI Program while providing an important funding stream to address
the myriad issues related to the increase in drugged driving.

 
LEGISLATIVE HISTORY:

Formerly S.3901/A-9985 of 2022, Died in Transportation Committee.

 
FISCAL IMPLICATIONS:

The law is a three-year phase in with $25 first year going to the County
DWI program and in the second year $25 plus $85 and in the third year
$25 plus $170 and every year thereafter.

 
EFFECTIVE DATE:
This act shall take effect on the first day of April 2024.

2023-S2712B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2712--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07149-07-3

 S. 2712--B                          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. IN ADDITION,
 ANY  SURCHARGES  IMPOSED PURSUANT TO SECTION EIGHTEEN HUNDRED NINE-C AND
 PARAGRAPH B OF SUBDIVISION ONE OF SECTION  EIGHTEEN  HUNDRED  NINE-E  OF
 THIS  CHAPTER  SHALL  BE PAID TO SUCH COUNTY IN SUCH MANNER AND FOR SUCH
 PURPOSES AS PROVIDED FOR IN THIS SECTION. 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  offi-
 cer 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. A. 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: (1) 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; (2) 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] (3) 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
 (4) 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 SECTION EIGHTEEN HUNDRED
 NINE-C AND PARAGRAPH B OF SUBDIVISION ONE OF  SECTION  EIGHTEEN  HUNDRED
 NINE-E  OF  THIS CHAPTER SHALL BE PAID TO SUCH COUNTY IN SUCH MANNER AND
 FOR SUCH PURPOSES AS PROVIDED FOR IN SECTION ELEVEN HUNDRED NINETY-SEVEN
 OF THIS CHAPTER.
   [(a)] B. 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)]  C. 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
 S. 2712--B                          3
 
 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)]  D.  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".
   § 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 APRIL  FIRST,  TWO  THOUSAND
 TWENTY-FOUR,  ALL  SUCH  MONEYS SHALL BE PAID TO COUNTIES IN SUCH MANNER
 AND FOR SUCH PURPOSES AS PROVIDED FOR IN SECTION ELEVEN HUNDRED  NINETY-
 SEVEN OF THIS CHAPTER.
   §  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 APRIL FIRST,  TWO  THOUSAND  TWENTY-
 FOUR,  THE  SURCHARGE  PROVIDED FOR IN PARAGRAPH B OF SUBDIVISION ONE OF
 THIS SECTION SHALL BE PAID TO COUNTIES  IN  SUCH  MANNER  AND  FOR  SUCH
 PURPOSES  AS PROVIDED FOR IN SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS
 CHAPTER.
   § 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
 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, 2024.

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Senate Bill S2712A

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Sponsored By

Timothy M. Kennedy

Current Bill Status - Signed by Governor

Bill Amendments

2023-S2712 - Details

2023-S2712 - Summary

2023-S2712 - Sponsor Memo

2023-S2712 - Bill Text download pdf

2023-S2712A - Details

2023-S2712A - Summary

2023-S2712A - Sponsor Memo

2023-S2712A - Bill Text download pdf

2023-S2712B (ACTIVE) - Details

2023-S2712B (ACTIVE) - Summary

2023-S2712B (ACTIVE) - Sponsor Memo

2023-S2712B (ACTIVE) - Bill Text download pdf

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