NY State Senate Bill 2021-S1942

Senate Bill S1942

2021-2022 Legislative Session

Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 16, 2021	referred to transportation

2021-S1942 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1197, 1803, 1809-c & 1809-e, V & T L; add §89-j, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7951
2011-2012: S1348
2013-2014: S398
2015-2016: S1023
2017-2018: S4181, S4307
2019-2020: S567

2021-S1942 (ACTIVE) - Summary

Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions; establishes an impaired driving safety fund.

2021-S1942 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1942

SPONSOR: AKSHAR
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to distribution
of certain mandatory surcharges imposed for alcohol-related traffic
convictions; and to amend the state finance law, in relation to estab-
lishing an impaired driving safety fund

 
PURPOSE:

To provide for the necessary direction and adequate funding for the
successful implementation of the ignition interlock provisions of Chap-
ter 496 of the Laws of 2009 ("Leandra's Law").

 
SUMMARY OF PROVISIONS:

(1) Amends subdivision 1 of § 1197 vehicle and Traffic Law (VTL) to
direct fines imposed for the traffic offenses of "driving outside the
terms of a conditional license" and "circumventing a required ignition

interlock device" to the STOP-DWI Program in the county of the violation
- making these offenses consistent with all other alcohol-related
provisions of the law.

(2) Amends subdivision 5 of VTL, § 1 197 to add "implementation of the
ignition interlock program as set forth in VT1, § 1198" to the functions
and funding responsibilities of the County STOP-DWI coordinator.

(3) Amends subdivision 9 of VTL § 1303 to direct that mandatory
surcharges be imposed for the traffic offenses listed including "driving
outside the terms of a conditional license" and "circumventing a
required ignition interlock device" be redirected to the county begin-
ning April 1, 2019.

(4) Amends VTL, § 1809-c to direct that mandatory surcharges imposed and
collected under this provision be directed to the STOP-DWI Program in
the county where the offense occurred.

(5) Amends VTL § I309-c to direct that mandatory surcharges imposed and
collected under this provision he directed to the STOP-DWI Program in
the county where the offense occurred.

(6) Amends subdivision 3 of § 60,35 of the penal Law to conform the flow
and surcharge collection process to be consistent with the intent of
this legislation.

 
JUSTIFICATION:

This bill addresses two immediate and very real concerns that threaten
the very core of New York's strategy to reduce the incidence of alcohol
and other drug-related traffic crashes.

1. Ignition Interlock Monitoring

A pertinent provision of Chapter 496 of the Laws of 2009, ("Leandra's
Law") requires that the sentence for all persons convicted of driving
while intoxicated include a period of probation or conditional
discharge, a condition of which shall include the installation of an
ignition interlock device on all vehicles owned or operated by such
person for not less than six months.

As a result, thousands of offenders are subject to this requirement each
year. Pursuant to the procedures promulgated by the Office of Probation
and Correctional Alternatives, counties have developed programs to
implement the massive and recurring requirements associated with compli-
ance, tracking and monitoring of this offender population. In support of
the Leandra's Law initiative, the National Highway Traffic Safety Admin-
istration provided New York with grant money in the amount of $3M annu-
ally as "start-up" money to pay for the local governments' cost of moni-
toring offenders. This past year (2016) NHTSA began to phase out the
grant by reducing it by $1.8M, and, by all indications, the federal
money will not be forthcoming in 2017 and beyond. This leaves New York
scrambling to find $3M to cover the cost of the necessary monitoring of
the targeted offender population.

2. STOP-DWI Program

When the historic STOP-DWI Program was first enacted by statute in 1981
the fines for alcohol-related driving offenses were shifted to the coun-
ties where the convictions occurred, provided each such county establish
an office (and designate a coordinator) dedicated exclusively to reduc-
ing the incidence of alcohol and other drug-related crashes, injuries
and fatalities. As a result, New York developed 58 self-sufficient
programs (NYC has a single program) that, within 10 years had collec-
tively reduced the likelihood of being involved in in alcohol-related
crash by 69%. These incredible achievements were funded exclusively by
the tines from convicted DWI and DWAI offenders and so impressed federal
lawmakers that Congress provided incentive money to other states to
adopt the New York model,

Commencing in 1983 a mandatory surcharge was imposed on all criminal and
traffic convictions and the money therefrom was dedicated to a special
fund under the control of the Division of Criminal Justice Services.
Then, in 2003 and 2008 respectively, surcharges totaling $195 were
imposed on all persons convicted of drunk driving and the money was used
for general budget relief- not only having no regard for sound criminal
justice policy but actually having the unintended consequence of imper-
iling the financial stability of the county STOP-DWI programs. Today,
the three surcharges can total as much as $495. As a result, two things
are happening: first - because of the financial burden associated with
the mandatory surcharges, judges are imposing the minimum tines, regard-
less of circumstances and in contradiction of longstanding criminal
justice policy that the punishment fit the parameters of the criminal
behavior: and second because surcharges are collected first, when an
offender pays over time, if he or she stops paying, it is the tine that
is not collected. To date, tens of millions of dollars in unpaid tines
have been identified. It follows, therefore, that the imposition and
collection of these surcharges has had a financially deleterious impact
on the fiscal viability of many of the programs.  The data certainly
bears this out.

3. Joint Solution

This bill would address both issues. First, it would establish the
Impaired Driving Safety Fund in the State Finance Law. Second, it would
sweep the two surcharges that were imposed for budget relief into the
Fund. Finally, up to the first $3M would be dedicated to the monitoring
program the remainder would be distributed to the county STOP-DWI
programs. Although the money does not leave the State, the fiscal impact
on the General Fund upon full implementation would be approximately
$6.8M. This proposal would take effect in FY 2019-2020 when 50% of the
surcharge money would remain in the General Fund and the remainder would
accrue to the credit of the Impaired Driving Safety Fund. In FY
2020-2021, the transfer to the special fund would be complete. Accord-
ingly, there is no fiscal impact on the FY 2018-2019 fiscal plan.

Through this one collective initiative, two pillars of New York's
national model for drunk driving enforcement - the STOP-DWI Program and
"Leandra's Law" are secured with all funding derived from offenders and
not taxpayers.

 
LEGISLATIVE HISTORY:

2017-18: S.4307A

2019-20: S.567

 
FISCAL IMPLICATIONS:

Approximately $6.8M will be redirected from the General Fund to the
Impaired Driving Safety Fund established in § 89-i of the State Finance
Law.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, the
provisions of section one, three, four and five shall take effect on the
sixtieth day after it shall have become a law, and provided further,
however, that section six shall take effect on the first day of Novem-
ber, next succeeding the date on which it shall have become law.

2021-S1942 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1942
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to distribution
   of certain mandatory surcharges imposed  for  alcohol-related  traffic
   convictions; and to amend the state finance law, in relation to estab-
   lishing an impaired driving safety fund
 
   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, PARAGRAPH
 (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX,  SUBDIVI-
 SION  NINE  OF  SECTION ELEVEN HUNDRED NINETY-EIGHT, 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 article; 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, pursu-
 ant to section 120.04 of the penal law; vehicular assault in the  second
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04224-01-1

 S. 1942                             2
 
 degree,  pursuant to section 120.03 of the penal law; aggravated vehicu-
 lar 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. Upon 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.  The  opening  paragraph of subdivision 9 of section 1803 of the
 vehicle and traffic law, as amended by chapter 345 of the laws of  2007,
 is amended to read as follows:
   Where a county establishes a special traffic options program for driv-
 ing while intoxicated, approved by the commissioner [of motor vehicles],
 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 subdivi-
 sion two or subparagraph (i) of paragraph (a) of  subdivision  three  of
 section  five  hundred eleven[, all fines, penalties and forfeitures] OF
 THIS CHAPTER; (B) imposed AND COLLECTED in accordance with section elev-
 en 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) IMPOSED AND COLLECTED FOR VIOLATIONS OF  PARAGRAPH  (F)
 OF  SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAP-
 TER OR FOR VIOLATIONS OF SUBDIVISION  NINE  OF  SECTION  ELEVEN  HUNDRED
 NINETY-EIGHT  OF THIS CHAPTER; (D) collected by any court, judge, magis-
 trate or other officer imposed upon a conviction for: aggravated vehicu-
 lar 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
 (E) civil penalties imposed pursuant to subdivision two of section elev-
 en hundred ninety-four-a of this chapter, shall be paid to such county.
   § 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:  (A) section
 eleven hundred ninety-two of this chapter; (B)  SUBPARAGRAPHS  (II)  AND
 (III)  OF  PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA-
 GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED  ELEVEN  OF  THIS
 CHAPTER;  (C)  PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF SECTION ELEVEN
 HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE  OF  SECTION
 ELEVEN  HUNDRED  NINETY-EIGHT 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

 S. 1942                             3
 
 one hundred twenty-one of the state finance law to  the  credit  of  the
 general  fund;  PROVIDED, HOWEVER, COMMENCING ON THE FIRST DAY OF APRIL,
 TWO THOUSAND TWENTY-TWO,  THE  STATE  COMPTROLLER  SHALL  DEPOSIT  FIFTY
 PERCENT  OF SUCH MONEY TO THE CREDIT OF THE IMPAIRED DRIVING SAFETY FUND
 PURSUANT TO SECTION EIGHTY-NINE-J OF THE  STATE  FINANCE  LAW  AND  SUCH
 MONEY  SHALL  BE  DISTRIBUTED  IN ACCORDANCE WITH THE PROVISIONS OF SUCH
 SECTION; AND COMMENCING ON THE FIRST DAY OF APRIL, TWO THOUSAND  TWENTY-
 THREE  AND  EVERY  FISCAL  YEAR  THEREAFTER, THE STATE COMPTROLLER SHALL
 DEPOSIT ALL SUCH MONEY TO THE CREDIT OF THE IMPAIRED DRIVING SAFETY FUND
 PURSUANT TO SECTION EIGHTY-NINE-J OF THE  STATE  FINANCE  LAW  AND  SUCH
 MONEY  SHALL  BE  DISTRIBUTED  IN ACCORDANCE WITH THE PROVISIONS OF SUCH
 SECTION.
   § 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:  (1)  section
 eleven  hundred  ninety-two  of this chapter; (2) SUBPARAGRAPHS (II) AND
 (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I)  OF  PARA-
 GRAPH  (A)  OF  SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS
 CHAPTER; (3) PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF  SECTION  ELEVEN
 HUNDRED  NINETY-SIX  OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION
 ELEVEN HUNDRED NINETY-EIGHT 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 THE FIRST DAY OF APRIL, TWO THOU-
 SAND  TWENTY-TWO,  THE  STATE COMPTROLLER SHALL DEPOSIT FIFTY PERCENT OF
 SUCH MONEY TO THE CREDIT OF THE IMPAIRED DRIVING SAFETY FUND PURSUANT TO
 SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW AND SUCH MONEY  SHALL  BE
 DISTRIBUTED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SUCH SECTION; AND
 COMMENCING ON THE FIRST DAY OF  APRIL,  TWO  THOUSAND  TWENTY-THREE  AND
 EVERY  FISCAL  YEAR  THEREAFTER, THE STATE COMPTROLLER SHALL DEPOSIT ALL
 SUCH MONEY TO THE CREDIT OF THE IMPAIRED DRIVING SAFETY FUND PURSUANT TO
 SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW AND SUCH MONEY  SHALL  BE
 DISTRIBUTED IN ACCORDANCE WITH THE PROVISIONS OF SUCH SECTION.
   §  5. The state finance law is amended by adding a new section 89-j to
 read as follows:
   § 89-J. IMPAIRED DRIVING SAFETY FUND. 1. THERE IS  HEREBY  ESTABLISHED
 IN  THE  CUSTODY  OF  THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE
 "IMPAIRED DRIVING SAFETY FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE FOR THE
 COLLECTION OF SURCHARGES IMPOSED PURSUANT TO SECTIONS  EIGHTEEN  HUNDRED
 NINE-C  AND  EIGHTEEN  HUNDRED NINE-E 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.    THIRTY-THREE PERCENT, BUT NOT MORE THAN THREE MILLION DOLLARS OF
 MONEYS IN THE IMPAIRED DRIVING SAFETY FUND SHALL BE  MADE  AVAILABLE  TO
 THE  OFFICE  OF  PROBATION  AND  CORRECTIONAL ALTERNATIVES FOR THE COSTS
 ASSOCIATED WITH MONITORING PERSONS SUBJECT  TO  THE  IGNITION  INTERLOCK
 PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THE VEHI-
 CLE  AND TRAFFIC LAW, AND SIXTY-SEVEN PERCENT OF SUCH MONEY IN SUCH FUND

 S. 1942                             4
 
 SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES FOR DISTRIB-
 UTION FOR SERVICES  AND  EXPENSES  RELATED  TO  COUNTY  SPECIAL  TRAFFIC
 OPTIONS PROGRAMS FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEV-
 EN  HUNDRED  NINETY-SEVEN  OF  THE VEHICLE AND TRAFFIC LAW, AND AN ALLO-
 CATION PLAN SUBJECT TO THE APPROVAL OF THE DIRECTOR OF  THE  BUDGET.  IN
 THE  EVENT  THAT  THE  THIRTY-THREE PERCENT OF SUCH MONEYS EXCEEDS THREE
 MILLION DOLLARS, THE REMAINDER SHALL ACCRUE TO THE DEPARTMENT  OF  MOTOR
 VEHICLES FOR DISTRIBUTION TO COUNTY SPECIAL TRAFFIC OPTIONS PROGRAMS FOR
 DRIVING  WHILE  INTOXICATED  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS
 SUBDIVISION.
   4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
 OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
 OF  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES OR THE COMMISSIONER OF
 MOTOR VEHICLES, AS APPLICABLE, INCLUDING ADVANCE OF FUNDS, IF NECESSARY,
 FOR COSTS INCURRED BY A COUNTY FOR MONITORING  PERSONS  SUBJECT  TO  THE
 IGNITION INTERLOCK PROGRAM. AT THE END OF EACH YEAR ANY MONEYS REMAINING
 IN  THE  FUND SHALL BE RETAINED IN THE FUND EXCLUSIVELY FOR THE PURPOSES
 SET FORTH HEREIN AND SHALL NOT REVERT TO THE GENERAL FUND. THE  INTEREST
 AND  INCOME  EARNED  ON  MONEYS  IN  THE FUND AFTER DEDUCTING APPLICABLE
 CHARGES SHALL BE CREDITED TO THE FUND.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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