Assembly Bill A10615

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10615
 
                           I N  A S S E M B L Y
 
                              March 13, 2026
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the financial services law, in relation to  establishing
   the  office  of  justice  court  fee  recovery; and to amend the state
   finance law,  in  relation  to  establishing  the  justice  court  fee
   reimbursement fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. It shall be the public policy  of  this
 state  to aggressively pursue the collection of fees in criminal actions
 or proceedings due and payable to town and village  courts  through  all
 reasonable means. Many town and village courts do not have the resources
 to  pursue  debt  collection.  The  office of justice court fee recovery
 established within the department of financial services shall serve as a
 fee-collecting entity for any town or village courts of the  state  that
 elect to participate in the program established pursuant to this act.
   §  2. The financial services law is amended by adding a new article 11
 to read as follows:
                                ARTICLE 11
                        JUSTICE COURT FEE RECOVERY
 SECTION 1101. DEFINITIONS.
         1102. OFFICE OF JUSTICE COURT FEE RECOVERY.
         1103. ASSUMPTION OF DELINQUENT FEES.
   § 1101. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "JUSTICE COURT" MEANS ANY TOWN OR VILLAGE COURT.
   2. "OFFICE" SHALL MEAN THE OFFICE OF JUSTICE COURT FEE RECOVERY.
   § 1102. OFFICE OF JUSTICE COURT FEE RECOVERY. THE  SUPERINTENDENT,  IN
 COOPERATION  WITH THE CHIEF ADMINISTRATOR OF THE COURTS, SHALL ESTABLISH
 AN OFFICE WITHIN THE DEPARTMENT CALLED THE OFFICE OF JUSTICE  COURT  FEE
 RECOVERY,  WHICH  SHALL  BE  CHARGED  WITH  COLLECTING  FEES IN CRIMINAL
 ACTIONS AND OTHER PROCEEDINGS ON BEHALF OF JUSTICE  COURTS.  THE  OFFICE
 SHALL  IMPLEMENT A PROGRAM WHERE DELINQUENT FEES IN CRIMINAL ACTIONS AND
 OTHER PROCEEDINGS CERTIFIED PURSUANT TO SECTION ELEVEN HUNDRED THREE  OF
 THIS  ARTICLE  SHALL BE COLLECTED BY THE STATE, AND ALL PORTIONS OF SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14260-02-6
 A. 10615                            2
 
 FEES THAT ARE NOT PROPERTY TO THE STATE SHALL BE REIMBURSED TO THE  TOWN
 OR  VILLAGE FROM THE JUSTICE COURT FEE REIMBURSEMENT ACCOUNT ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-UU OF THE STATE FINANCE LAW ON A MONTHLY
 BASIS. A TOWN OR VILLAGE MAY OPT TO PARTICIPATE IN THE PROGRAM BUT SHALL
 NOT BE REQUIRED TO PARTICIPATE.
   §  1103.  ASSUMPTION  OF  DELINQUENT  FEES.  1. A TOWN OR VILLAGE THAT
 ELECTS TO PARTICIPATE  IN  THE  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS
 SECTION  MAY  CERTIFY  TO  THE  OFFICE  THAT A FEE IMPOSED IN A CRIMINAL
 ACTION OR PROCEEDING REMAINS UNPAID FOR A PERIOD OF NOT LESS THAN NINETY
 DAYS, OR SUCH OTHER PERIOD AS THE SUPERINTENDENT MAY ESTABLISH BY  REGU-
 LATION.
   2.  UPON CERTIFICATION, THE OFFICE SHALL ASSUME RESPONSIBILITY FOR THE
 COLLECTION OF SUCH FEE. ANY FEE SO ASSUMED SHALL THEREAFTER BE DEEMED  A
 DEBT  OWED  TO  THE  STATE,  AND THE STATE SHALL BE AUTHORIZED TO PURSUE
 COLLECTION THROUGH ALL LAWFUL MEANS.
   3. UPON ASSUMPTION OF COLLECTION RESPONSIBILITY, THE STATE SHALL REIM-
 BURSE THE PARTICIPATING TOWN OR VILLAGE  FOR  THE  LOCAL  SHARE  OF  THE
 UNPAID  FEE FROM THE JUSTICE COURT FEE REIMBURSEMENT ACCOUNT ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-UU OF  THE  STATE  FINANCE  LAW,  IN  AN
 AMOUNT AND MANNER DETERMINED BY THE SUPERINTENDENT.
   4. THE SUPERINTENDENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
 TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 3. The state finance law is amended by adding a new section 99-uu to
 read as follows:
   §  99-UU.  JUSTICE  COURT  FEE  REIMBURSEMENT FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT CUSTODY  OF  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES  AND THE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "JUSTICE
 COURT FEE REIMBURSEMENT FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED BY THE  STATE  FROM
 DELINQUENT  FEES  IMPOSED BY TOWN AND VILLAGE COURTS THAT ARE ASSUMED BY
 THE STATE PURSUANT TO SECTION ELEVEN  HUNDRED  THREE  OF  THE  FINANCIAL
 SERVICES  LAW,  ANY  ADDITIONAL  MONEYS APPROPRIATED, CREDITED OR TRANS-
 FERRED TO SUCH FUND BY THE LEGISLATURE, AND ANY INTEREST EARNED  BY  THE
 INVESTMENT OF MONEYS IN SUCH FUND. ANY INTEREST EARNED BY THE INVESTMENT
 OF MONEYS IN SUCH FUND SHALL BE ADDED TO AND BECOME PART OF SUCH FUND.
   3.  MONEYS  OF  THE FUND SHALL BE AVAILABLE, SUBJECT TO APPROPRIATION,
 FOR THE REIMBURSEMENT OF PARTICIPATING TOWNS AND VILLAGES FOR THE  LOCAL
 SHARE  OF DELINQUENT JUSTICE COURT FEES ASSUMED BY THE STATE PURSUANT TO
 SECTION ELEVEN HUNDRED THREE OF THE FINANCIAL SERVICES  LAW.  REIMBURSE-
 MENT  FROM  THE  FUND  SHALL  NOT  CREATE  AN ENTITLEMENT TO ANY TOWN OR
 VILLAGE.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH CALENDAR  YEAR,  THE
 SUPERINTENDENT  OF  FINANCIAL SERVICES SHALL PROVIDE A WRITTEN REPORT TO
 THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE  MINORITY  LEADER  OF  THE
 SENATE,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEM-
 BLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE RANKER OF THE SENATE
 FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMITTEE,
 THE  RANKER  OF  THE  ASSEMBLY WAYS AND MEANS COMMITTEE, THE STATE COMP-
 TROLLER, AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONEYS OF THE
 FUND WERE  UTILIZED  DURING  THE  PRECEDING  CALENDAR  YEAR,  AND  SHALL
 INCLUDE:
   (A) THE TOTAL AMOUNT OF MONEYS DEPOSITED INTO THE FUND;
   (B) THE TOTAL AMOUNT OF REIMBURSEMENTS MADE TO TOWNS AND VILLAGES;
   (C) THE NUMBER OF PARTICIPATING JUSTICE COURTS; AND
   (D)  A  SUMMARY  FINANCIAL  PLAN  FOR THE FUND, INCLUDING ESTIMATES OF
 RECEIPTS AND DISBURSEMENTS FOR THE CURRENT AND SUCCEEDING FISCAL YEARS.
 A. 10615                            3
 
   5. ON OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH CALENDAR  YEAR,  THE
 COMPTROLLER  SHALL  CERTIFY  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEM-
 BLY, THE MINORITY LEADER OF  THE  ASSEMBLY,  THE  CHAIR  OF  THE  SENATE
 FINANCE COMMITTEE, THE RANKER OF THE SENATE FINANCE COMMITTEE, THE CHAIR
 OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, AND THE RANKER OF THE ASSEMBLY
 WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED INTO THE JUSTICE
 COURT FEE REIMBURSEMENT ACCOUNT DURING THE PRECEDING CALENDAR YEAR.
   6.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE SUPERINTENDENT
 OF FINANCIAL SERVICES. ANY  INTEREST  RECEIVED  BY  THE  COMPTROLLER  ON
 MONEYS  ON  DEPOSIT IN THE JUSTICE COURT FEE REIMBURSEMENT ACCOUNT SHALL
 BE RETAINED IN AND BECOME PART OF SUCH FUND.
   § 4. This act shall take effect one year after it shall have become  a
 law.    Effective  immediately, the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.