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This entry was published on 2018-04-27
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SECTION 99-A
Justice court fund
State Finance (STF) CHAPTER 56, ARTICLE 6
§ 99-a. Justice court fund. 1. All moneys received by the comptroller
pursuant to section twenty hundred twenty-one of the uniform justice
court act, section twenty-seven of the town law, section 4-410 of the
village law, section eighteen hundred and three of the vehicle and
traffic law, section forty-five of the agriculture and markets law,
sections 71-0211, 71-0507 and 71-0521 of the environmental conservation
law, section fifty-two of the workers' compensation law, section 27.13
of the parks, recreation and historic preservation law, section two
hundred one of the navigation law and pursuant to this section shall
constitute a special fund to be held by the comptroller and to be known
as the justice court fund. Notwithstanding any general, special or local
law which provides for the direct payment of fines, penalties or
forfeitures to a state or local governmental unit, official or agency,
and except as provided in subdivision three of this section, all fines,
penalties or forfeitures received by a town or village justice court
shall be paid first to the state comptroller pursuant to this section
and the other aforementioned sections of law whereupon the state
comptroller shall distribute such moneys to the proper state or local
governmental unit, official or fund pursuant to subdivision two of this
section. The justice court fund shall be deposited to the credit of the
comptroller in one or more state banks, trust companies or savings banks
as may be designated by the comptroller at such rate of interest, if
any, as from time to time may be agreed upon by the depositories and the
comptroller.

2. The comptroller shall examine the reports accompanying the
remittances and shall determine the amounts which shall be credited to
or charged to the state, any special fund of the state, towns and
villages on account of fines, penalties, forfeited bail, fees or costs,
and shall on the last day of March, June, September and December of each
year, or as soon as practical thereafter, state an account with the
general fund of the state, the special funds of the state, towns and
villages, and shall pay to the general fund of the state, the special
funds of the state and towns and villages any balance to the credit
thereof and shall demand and receive from any town or village the amount
of any balance chargeable to such town or village. Such reports
accompanying the remittances may be filed in paper form or by electronic
transmission or in such other media form as the comptroller determines
offers reasonably the same degree of accountability and control provided
by the filing of a paper document.

* 3. The comptroller is hereby authorized to implement alternative
procedures, including guidelines in conjunction therewith, relating to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk counties
traffic and parking violations agencies, and by the city of Buffalo
traffic violations agency, and by the city of Rochester traffic
violations agency, to the justice court fund and for the distribution of
such moneys by the justice court fund. Notwithstanding any law to the
contrary, the alternative procedures utilized may include:

a. electronic funds transfer;

b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau and Suffolk
counties traffic and parking violations agencies, to the county
treasurer, or, in the case of the Buffalo traffic violations agency, to
the city of Buffalo comptroller, or in the case of the Rochester traffic
violations agency, to the city of Rochester treasurer for distribution
in accordance with instructions by the comptroller; and/or

c. monthly, rather than quarterly, distribution of funds.

The comptroller may require such reporting and record keeping as he or
she deems necessary to ensure the proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau and
Suffolk counties traffic and parking violations agencies or the city of
Buffalo traffic violations agency or the city of Rochester traffic
violations agency may utilize these procedures only when permitted by
the comptroller, and such permission, once given, may subsequently be
withdrawn by the comptroller on due notice.

* NB Effective until April 1, 2019

* 3. The comptroller is hereby authorized to implement alternative
procedures, including guidelines in conjunction therewith, relating to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk counties
traffic and parking violations agencies, and by the city of Buffalo
traffic violations agency, and by the city of Rochester traffic
violations agency to the justice court fund and for the distribution of
such moneys by the justice court fund. Notwithstanding any law to the
contrary, the alternative procedures utilized may include:

a. electronic funds transfer;

b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau and Suffolk
counties traffic and parking violations agencies, to the county
treasurer, or, in the case of the Buffalo traffic violations agency, to
the city of Buffalo comptroller, or in the case of the Rochester traffic
violations agency, to the city of Rochester treasurer, for distribution
in accordance with instructions by the comptroller; and/or

c. monthly, rather than quarterly, distribution of funds.

The comptroller may require such reporting and record keeping as he or
she deems necessary to ensure the proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau and
Suffolk counties traffic and parking violations agencies or the city of
Buffalo traffic violations agency or the city of Rochester traffic
violations agency may utilize these procedures only when permitted by
the comptroller, and such permission, once given, may subsequently be
withdrawn by the comptroller on due notice.

* NB Effective April 1, 2019