§ 1803. Disposition of fines and forfeitures. 1. Except as otherwise
provided in subdivision five of section two hundred twenty-seven of this
chapter and as provided in section eleven hundred ninety-seven of this
chapter, section ninety of the state finance law and sections fourteen-f
and one hundred forty of the transportation law, all fines and penalties
collected under a sentence or judgment of conviction of a violation of
this chapter or of any act relating to the use of highways by motor
vehicles or trailers, now in force or hereafter enacted, shall be
distributed in the following manner:

a. for a violation which occurs in a city, town or suburban town, any
fine or penalty shall be paid to the city, town or suburban town in
which the violation occurs, when such violation is of (1) any of the
provisions of title seven of this chapter, but including violations of
section eleven hundred eighty only when occurring in state parks for
which the office of parks, recreation and historic preservation has
established maximum speed limits pursuant to section sixteen hundred
thirty and the violations could have been charged under either such
established maximum speed limits or another section of this chapter, and
when involving maximum speed limits established pursuant to section
sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred
sixty-two-a, sixteen hundred sixty-three or sixteen hundred seventy, and
excluding violations of sections eleven hundred eighty-two, eleven
hundred ninety-two and twelve hundred twelve of this chapter, or (2) any
ordinance, order, rule or regulation adopted pursuant to article two-E
of the transportation law or section sixteen hundred thirty of this
chapter by the East Hudson Parkway Authority or by its successor, or the
County of Westchester Department of Parks, Recreation and Conservation,
or the state office of parks, recreation and historic preservation. For
purposes of this paragraph, violations shall be deemed to be violations
of any such ordinance, order, rule or regulation when they occur on
highways under the jurisdiction of the enumerated entities and the
violations could have been charged under either such ordinance, order,
rule or regulation or another section of this chapter.

b. for a violation which occurs in a village in which the office of
village justice is established, any fine or penalty shall be paid to the
village in which the violation occurs, when such violation is of (1) any
of the provisions of title seven of this chapter, but including
violations of section eleven hundred eighty only when occurring in state
parks for which the office of parks, recreation and historic
preservation has established maximum speed limits pursuant to section
sixteen hundred thirty and the violations could have been charged under
either such established maximum speed limits or another section of this
chapter, and when involving maximum speed limits established pursuant to
section sixteen hundred forty-three, sixteen hundred forty-four or
sixteen hundred seventy, and excluding violations of sections eleven
hundred eighty-two, eleven hundred ninety-two and twelve hundred twelve
of this chapter, or (2) any ordinance, order, rule or regulation adopted
pursuant to article two-E of the transportation law or section sixteen
hundred thirty of this chapter by the East Hudson Parkway Authority or
by its successor, or the County of Westchester Department of Parks,
Recreation and Conservation, or the state office of parks, recreation
and historic preservation. For purposes of this paragraph, violations
shall be deemed to be violations of any such ordinance, order, rule or
regulation when they occur on highways under the jurisdiction of the
enumerated entities and the violations could have been charged under
either such ordinance, order, rule or regulation, or another section of
this chapter. Notwithstanding the foregoing provisions of this
paragraph, all fines, penalties and forfeitures for violation of a
village ordinance, local law or regulation adopted pursuant to the
authorization of paragraph six of subdivision (a) of section sixteen
hundred forty of this chapter prohibiting, restricting or limiting the
stopping, standing or parking of vehicles shall be paid to such village
whether or not the village has established the office of village
justice.

c. for compliance with or violations of subdivision nineteen of
section three hundred eighty-five of this chapter, notwithstanding any
inconsistent provision of law, except as provided in section ninety of
the state finance law, the fees and fines collected by the state
pursuant to sections two hundred twenty-seven, three hundred eighty-five
and eighteen hundred three of this chapter and section ninety-nine-a of
the state finance law, shall be made available to the state comptroller
for deposit in the general fund except that fines collected within a
city not wholly included within one county shall be paid to such city in
accordance with the procedures set forth in subdivision four of section
two hundred twenty-seven of this chapter for deposit into the general
fund of such city.

d. for violations of section eleven hundred eighty which are not
included in paragraph a or paragraph b of this subdivision, violations
of sections eleven hundred eighty-two, eleven hundred ninety-two, except
in those counties adopting a special traffic option program for driving
while intoxicated pursuant to section eleven hundred ninety-seven of
this chapter, and section twelve hundred twelve of this chapter, and
violations of this chapter or of any act relating to the use of highways
by motor vehicles or trailers, now in force or hereafter enacted, for
which no other distribution is prescribed, all fines, penalties and
forfeitures shall be paid to the state.

e. for a violation which occurs within a county which has established
a traffic and parking violations agency pursuant to section three
hundred seventy of the general municipal law, other than parking,
standing or stopping violations except for those set forth in section
four hundred two of this chapter, and which violation is disposed of by
such agency, any fine or penalty shall be paid to the county in which
the violation occurs, when such violation is of any of the provisions of
title seven of this chapter, but including violations of section eleven
hundred eighty of this chapter only when involving maximum speed limits
in state parks established by the office of parks, recreation and
historic preservation pursuant to section sixteen hundred thirty of this
chapter and when involving maximum speed limits established pursuant to
section sixteen hundred forty-three, sixteen hundred forty-four, sixteen
hundred sixty-two-a, sixteen hundred sixty-three or sixteen hundred
seventy of this chapter, and excluding violations of sections eleven
hundred eighty-two, eleven hundred ninety-two and twelve hundred twelve
of this chapter.

2. Whenever a defendant is arrested and arraigned before a judicial
officer authorized to conduct any proceedings in or in connection with
any prosecution triable in any local court of inferior jurisdiction of a
city or before a town court, or a village court on a charge in which the
state is entitled to all fines and penalties under a sentence or
judgment of conviction such city, town or village shall be entitled to
receive the fees set forth in section ninety-nine-l of the general
municipal law and such fees shall be a state charge and paid as provided
in section ninety-nine-a of the state finance law.

* 3. All fines, penalties and forfeitures paid to a city, town or
village pursuant to the provisions of paragraph a of subdivision one of
this section and subdivision ten of this section shall be credited to
the general fund of such city, town or village, unless a different
disposition is prescribed by charter, special law, local law or
ordinance.

* NB Effective until December 1, 2024

* 3. All fines, penalties and forfeitures paid to a city, town or
village pursuant to the provisions of paragraph a of subdivision one of
this section shall be credited to the general fund of such city, town or
village, unless a different disposition is prescribed by charter,
special law, local law or ordinance.

* NB Effective December 1, 2024

4. All fines, penalties and forfeitures collected in a city, upon
conviction or upon forfeiture of bail by any person charged with a
violation of any local law, ordinance, order, rule, regulation,
administrative code provision or sanitary or health code provision
adopted or continued pursuant to this chapter, shall be paid to the city
and credited to its general fund, unless a different disposition is
prescribed by charter, special law, local law or ordinance.

5. All fines, penalties and forfeitures for violations of section
eleven hundred eighty of this chapter, which relate to maximum speed
limits established by a village pursuant to sections sixteen hundred
forty-three and sixteen hundred forty-four or by a suburban town
pursuant to section sixteen hundred sixty-two-a of this chapter, and all
bail forfeited by the non-appearance of defendants charged with such
violations shall be paid over to the state comptroller by the court,
justice or other officer collecting the same within the first ten days
of the month following the collection, except as otherwise provided by
subdivision three of section ninety-nine-a of the state finance law.
Whenever such fines, penalties and forfeitures, including bail
forfeited, in any year commencing July first shall aggregate in excess
of five dollars for each inhabitant of the village or suburban town, as
the case may be, according to the last preceding federal census, such
excess shall be the property of the state and shall be paid into the
general fund of the state treasury.

6. The comptroller from the moneys received pursuant to this section
shall, within six years from the receipt thereof, refund any fine
received pursuant to this section which was imposed by a judgment of
conviction that has been reversed and any fine, penalty or forfeiture
received by the comptroller, payment of which was not required by this
section. In any action by the state to recover fines, penalties, or
forfeitures collected more than six years before the commencement of the
action, the defendant shall be entitled to set off a claim for refund of
any such item paid to the state during the ten years preceding the
commencement of the action.

8. All fines, penalties and forfeitures referred to in subdivision one
of this section, except fines, penalties and forfeitures paid to the
commissioner of taxation and finance as required by section thirty-nine
of the judiciary law, and except as otherwise provided in subdivision
three of section ninety-nine-a of the state finance law, shall be paid
to the state comptroller by the court, judge, magistrate or other
officer 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 prescribe.

9. a. Where a county establishes a special traffic options program for
driving while intoxicated, approved by the commissioner, pursuant to
section eleven hundred ninety-seven of this chapter, all fines,
penalties and forfeitures: (1) imposed and collected 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 of this chapter; (2) imposed and collected in accordance
with section eleven hundred ninety-three of this chapter for violations
of section eleven hundred ninety-two of this chapter; (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 eleven 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.

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.

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.

d. Upon receipt of any monies referred to in this section, the county
shall deposit them in a separate account entitled "special traffic
options program for driving while intoxicated".

* 10. Except as otherwise provided in paragraph e of subdivision one
of this section, where a county has established a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with section eleven hundred seventy-four of
this chapter in accordance with section eleven hundred seventy-four-a of
this chapter, any fine or penalty collected by a court, judge,
magistrate or other officer for an imposition of liability which occurs
within such county pursuant to such program shall be paid to the state
comptroller within the first ten days of the month following collection.
Every such payment shall be accompanied by a statement in such form and
detail as the comptroller shall provide. The comptroller shall pay
ninety percent of any such fine or penalty imposed for such liability to
the county in which the violation giving rise to the liability occurred,
and ten percent of any such fine or penalty to the city, town or village
in which the violation giving rise to the liability occurred.

* NB Repealed December 1, 2024

* 11. Where the commissioner of transportation has established a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with subdivision
(b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-e of this chapter, any
fine or penalty collected by a court, judge, magistrate or other officer
for an imposition of liability which occurs pursuant to such program
shall be paid to the state comptroller within the first ten days of the
month following collection, except as otherwise provided in subdivision
three of section ninety-nine-a of the state finance law. Every such
payment shall be accompanied by a statement in such form and detail as
the comptroller shall provide. Notwithstanding the provisions of
subdivision five of this section, eighty percent of any such fine or
penalty imposed for such liability shall be paid to the general fund,
and twenty percent of any such fine or penalty shall be paid to the
city, town or village in which the violation giving rise to the
liability occurred, provided, however, that within a county that has
established a traffic and parking violations agency pursuant to section
three hundred seventy of the general municipal law and such liability is
disposed of by such agency, eighty percent of any such fine or penalty
imposed for such liability shall be paid to the general fund, and twenty
percent of any such fine or penalty shall be paid to the county in which
the violation giving rise to the liability occurred. With respect to the
percentage of fines or penalties paid to the general fund, no less than
sixty percent shall be dedicated to department of transportation work
zone safety projects after deducting the expenses necessary to
administer such demonstration program, provided, however, that such
funds provided pursuant to this subdivision shall be payable on the
audit and warrant of the comptroller and shall only be used to
supplement and not supplant current expenditures of state funds on work
zone safety projects. For the purposes of this subdivision, "work zone
safety projects" shall apply to work zones under the jurisdiction of the
department of transportation and shall include, but not be limited to,
inspection and implementation of work zone design, maintenance, traffic
plans and markings, worker safety training, contractor outreach,
enforcement efforts, radar speed display signs at major active work
zones and police presence at major active work zones, as provided in
section twenty-two of the transportation law. All fines, penalties and
forfeitures paid to a county, city, town or village pursuant to the
provisions of this subdivision shall be credited to the general fund of
such county, city, town or village, unless a different disposition is
prescribed by charter, special law, local law or ordinance.

* NB Repealed October 6, 2026

* 12. Where the chair of the New York state thruway authority has
established a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
this chapter in accordance with section eleven hundred eighty-e of this
chapter, any fine or penalty collected by a court, judge, magistrate or
other officer for an imposition of liability which occurs pursuant to
such program shall be paid to the state comptroller within the first ten
days of the month following collection, except as otherwise provided in
subdivision three of section ninety-nine-a of the state finance law.
Every such payment shall be accompanied by a statement in such form and
detail as the comptroller shall provide. Notwithstanding the provisions
of subdivision five of this section, eighty percent of any such fine or
penalty imposed for such liability shall be paid to the thruway
authority, and twenty percent of any such fine or penalty shall be paid
to the city, town or village in which the violation giving rise to the
liability occurred, provided, however, that within a county that has
established a traffic and parking violations agency pursuant to section
three hundred seventy of the general municipal law and such liability is
disposed of by such agency, eighty percent of any such fine or penalty
imposed for such liability shall be paid to the thruway authority, and
twenty percent of any such fine or penalty shall be paid to the county
in which the violation giving rise to the liability occurred. With
respect to the percentage of fines or penalties paid to the thruway
authority, no less than sixty percent shall be dedicated to thruway
authority work zone safety projects after deducting the expenses
necessary to administer such demonstration program, provided, however,
that such funds provided pursuant to this subdivision shall be payable
on the audit and warrant of the comptroller and shall only be used to
supplement and not supplant current expenditures of state funds on work
zone safety projects. For the purposes of this subdivision, "work zone
safety projects" shall apply to work zones under the jurisdiction of the
thruway authority and shall include, but not be limited to, inspection
and implementation of work zone design, maintenance, traffic plans and
markings, worker safety training, contractor outreach, enforcement
efforts, radar speed display signs at major active work zones and police
presence at major active work zones, as provided in section twenty-two
of the transportation law. For the purposes of this subdivision, the
term "thruway authority" shall mean the New York state thruway
authority, a body corporate and politic constituting a public
corporation created and constituted pursuant to title nine of article
two of the public authorities law. All fines, penalties and forfeitures
paid to a county, city, town or village pursuant to the provisions of
this subdivision shall be credited to the general fund of such county,
city, town or village, unless a different disposition is prescribed by
charter, special law, local law or ordinance.

* NB Repealed October 6, 2026

* 13. Where the county of Westchester has established a demonstration
program imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-g of this chapter, any fine or penalty collected by a
court, judge, magistrate or other officer for an imposition of liability
which occurs within a city, town or village within such county pursuant
to such program shall be paid to the state comptroller within the first
ten days of the month following collection, except as otherwise provided
in subdivision three of section ninety-nine-a of the state finance law.
Every such payment shall be accompanied by a statement in such form and
detail as the comptroller shall provide. The comptroller shall pay
eighty percent of any such fine or penalty imposed for such liability to
the county of Westchester, and twenty percent of any such fine or
penalty to the city, town or village in which the violation giving rise
to the liability occurred. All fines, penalties and forfeitures paid to
a city, town or village pursuant to the provisions of this subdivision
shall be credited to the general fund of such city, town or village,
unless a different disposition is prescribed by charter, special law,
local law or ordinance.

* NB Repealed December 1, 2027