* § 1809-a. Mandatory surcharge required in certain cities for
parking, stopping and standing violations. 1. The provisions of any
other general or special law notwithstanding, whenever, in a city having
a population of one hundred thousand or more according to the nineteen
hundred eighty United States census, proceedings in an administrative
tribunal or a court result in a finding of liability, or conviction for
the violation of any statute, local law, ordinance or rule involving the
parking, stopping or standing of a motor vehicle, except an adjudication
of liability of an owner for a violation of bus operation-related
traffic regulations as defined by article twenty-four of this chapter
imposed pursuant to a demonstration program imposing monetary liability
on the owner of a vehicle for failure of an operator thereof to comply
with such bus operation-related traffic regulations through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter, there shall be
levied a mandatory surcharge in addition to any other sentence, fine or
penalty otherwise permitted or required, in the amount of fifteen
dollars. Such surcharge shall not be deemed a monetary penalty for the
purposes of section two hundred thirty-seven of this chapter or section
19-203 of the administrative code of the city of New York.

2. The mandatory surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative
tribunal that made the determination of liability. (a) Except as
provided in paragraph (b) of this subdivision within the first ten days
of the month next succeeding the collection of such surcharge, the
collecting authority shall pay seven dollars and fifty cents of each
surcharge to the justice court fund held by the state comptroller
pursuant to section ninety-nine-a of the state finance law which monies
shall then be deposited to the credit of the general fund. Each such
payment shall be accompanied by a true and complete report in such form
and detail as the comptroller shall prescribe. The remaining amount of
the surcharge shall be paid to the chief fiscal officer of the
municipality and used by the municipality from which it originated for
its local criminal justice programs and purposes.

(b) Within the first ten days of the month next succeeding the
collection of such surcharge, the collecting authority in cities having
a population of one hundred thousand or more but less than one million
shall pay such surcharge to the chief fiscal officer of the municipality
and such surcharge shall be used by the municipality from which it
originated for its local criminal justice programs and purposes.

3. 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 written application to the collecting authority. The collecting
authority shall require such proof as is necessary in order to determine
whether a refund is required by law. If the collecting authority shall
refund any portion of the surcharge previously paid to the justice court
fund pursuant to subdivision two of this section, the collecting
authority may offset an equal amount from a subsequent remittance to the
justice court fund, provided, however, that the collecting authority
shall prepare such reports and provide such information with respect to
such refunds as the comptroller shall direct, and provided, further,
that the comptroller, upon review of such reports and information, may
direct that any appropriate adjustments be made in future payments to
the justice court fund pursuant to subdivision two of this section.

4. Notwithstanding any other provision of this section, where a
mandatory surcharge is imposed pursuant to the provisions of section
60.35 of the penal law or section eighteen hundred nine or eighteen
hundred nine-b of this article, no mandatory surcharge shall be imposed
pursuant to the provisions of this section.

* NB Repealed September 1, 2025