S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   111

                       Ninth Extraordinary Session

                            I N  S E N A T E

                              June 30, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend the vehicle and traffic law and the state  finance  law,
  in  relation to a mandatory surcharge for traffic offenses and infrac-
  tions in Suffolk and Nassau counties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1809-f to read as follows:
  S 1809-F.  MANDATORY  SURCHARGE  REQUIRED  FOR  TRAFFIC  OFFENSES  AND
INFRACTIONS IN SUFFOLK AND NASSAU COUNTIES. 1. WHENEVER PROCEEDINGS THAT
ARE  ADJUDICATED  IN A COURT IN THE COUNTIES OF SUFFOLK OR NASSAU RESULT
IN A CONVICTION FOR A CRIME UNDER THIS CHAPTER OR A  TRAFFIC  INFRACTION
UNDER  THIS  CHAPTER,  OR  A  LOCAL  LAW,  ORDINANCE, RULE OR REGULATION
ADOPTED PURSUANT TO THIS CHAPTER, THERE  SHALL  BE  LEVIED  A  MANDATORY
SURCHARGE,  IN ADDITION TO ANY SENTENCE OR SURCHARGE REQUIRED OR PERMIT-
TED BY LAW, IN THE AMOUNT OF FIFTY 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  IN  THE  LONG
ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND ESTABLISHED BY SECTION
NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
  3.  THE  PROVISIONS OF SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN,
SUBDIVISION THREE OF SECTION FIVE HUNDRED FOURTEEN AND SUBDIVISION THREE
OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS  CHAPTER  GOVERNING  ACTIONS
WHICH  MAY BE TAKEN FOR FAILURE TO PAY A FINE OR PENALTY SHALL BE APPLI-
CABLE TO THE ADDITIONAL SURCHARGE IMPOSED PURSUANT TO THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12117-01-9

              

S. 111                              2

  S 2. The state finance law is amended by adding a new section  97-jjjj
to read as follows:
  S  97-JJJJ. LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER, A SPECIAL
FUND TO BE KNOWN AS THE "LONG  ISLAND  EXPRESSWAY  AND  SUNRISE  HIGHWAY
PATROL FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE PURSU-
ANT TO SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE  AND  TRAFFIC  LAW
AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONEYS APPROPRIATED, CREDITED OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  MONEYS  IN  THE  LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL
FUND SHALL BE KEPT SEPARATE AND APART AND SHALL NOT BE  COMMINGLED  WITH
ANY  OTHER  MONEYS  IN  THE CUSTODY OF THE COMPTROLLER AND SHALL ONLY BE
EXPENDED HEREIN AND IN SUCH AMOUNTS AS APPROVED BY THE DIVISION  OF  THE
BUDGET.
  4.  THE  MONEYS  RECEIVED  BY  SUCH FUND SHALL BE EXPENDED PURSUANT TO
APPROPRIATION TO OFFSET THE COSTS OF STAFFING THE PATROL UNITS  FOR  THE
LONG  ISLAND  EXPRESSWAY AND SUNRISE HIGHWAY IN SUFFOLK AND NASSAU COUN-
TIES.
  S 3. This act shall take effect immediately.