S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9985
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee 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,
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07973-01-1
 A. 9985                             2
 
 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.  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: (A) 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; (B) 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] (C) 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
 (D) 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)] (E) 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)] (F) 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)] (G) 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
 A. 9985                             3
 
 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-TWO, ALL SUCH MONEYS SHALL BE PAID TO COUNTIES PURSUANT TO SUBDI-
 VISION  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.
   §  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-THREE,  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-FOUR  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
 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, 2022.