S T A T E O F N E W Y O R K
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2712--B
2023-2024 Regular Sessions
I N S E N A T E
January 24, 2023
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- reported
favorably from said committee and committed to the Committee on
Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07149-07-3
S. 2712--B 2
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 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 THIS SECTION. 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 offi-
cer 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. A. 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: (1) 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; (2) 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] (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 elev-
en 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.
[(a)] 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.
[(b)] 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
S. 2712--B 3
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)] D. 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
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 APRIL FIRST, TWO THOUSAND
TWENTY-FOUR, ALL SUCH MONEYS SHALL BE PAID TO COUNTIES IN SUCH MANNER
AND FOR SUCH PURPOSES AS PROVIDED FOR IN SECTION ELEVEN HUNDRED NINETY-
SEVEN OF THIS CHAPTER.
§ 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 APRIL FIRST, TWO THOUSAND TWENTY-
FOUR, THE SURCHARGE PROVIDED FOR IN PARAGRAPH B OF SUBDIVISION ONE OF
THIS SECTION SHALL BE PAID TO COUNTIES IN SUCH MANNER AND FOR SUCH
PURPOSES AS PROVIDED FOR IN SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS
CHAPTER.
§ 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, 2024.
