§ 71-0213. Mandatory surcharge.

1. Whenever proceedings result in a conviction for an offense under
this chapter there shall be levied, in addition to any sentence required
or permitted by law, the following mandatory surcharges: (a) in the
amount of twenty-five dollars for violations of sportfishing regulations
set forth in 6 NYCRR 10; (b) in the amount of seventy-five dollars for
all other offenses under this chapter provided, however, that
convictions for offenses under articles seventeen, nineteen or
twenty-seven of this chapter shall be subject to a mandatory surcharge
equal to the greater of seventy-five dollars or six percent of any
penalty or fine imposed. The mandatory surcharge shall be paid to the
clerk of the court who shall remit such mandatory surcharge to the state
comptroller provided, however, that in cases where the conviction was
rendered by a town or a village justice court, the clerk of such court
shall pay twenty-five dollars of such surcharge to the chief fiscal
officer of the town or village in the case of surcharges resulting from
paragraph (b) of this subdivision and ten dollars in the case of
surcharges resulting from paragraph (a) of this subdivision and shall
pay the remaining amounts of such mandatory surcharges to the state
comptroller in the same manner as provided in section 71-0211 of this
article. The comptroller shall pay such monies into the state treasury
to the credit of the general fund.

2. Any person who has paid a mandatory surcharge under the authority
of this section which is ultimately determined not to be required by
this section shall be entitled to a refund of such mandatory surcharge
upon application to the state comptroller. The state comptroller shall
require such proof as is necessary to determine whether a refund is
required by law.