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A03432 Summary:

BILL NOA03432B
 
SAME ASNo Same As
 
SPONSORLupardo
 
COSPNSR
 
MLTSPNSR
 
Amd 1197, 1803, 1809-c & 1809-e, V & T L; add 89-i, St Fin L
 
Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions; establishes an impaired driving safety fund.
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A03432 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3432--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2015
                                       ___________
 
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Transportation -- recommitted to the Committee  on  Transporta-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        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:
 
     1    Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi-
     2  cle  and  traffic  law, as separately amended by chapters 196 and 688 of
     3  the laws of 1996 and subparagraph 3 as amended by  chapter  345  of  the
     4  laws of 2007, is amended to read as follows:
     5    (a)  Where  a county establishes a special traffic options program for
     6  driving while intoxicated, pursuant to this section,  it  shall  receive
     7  fines and forfeitures collected by any court, judge, magistrate or other
     8  officer  within  that  county,  including,  where appropriate, a hearing
     9  officer acting  on  behalf  of  the  commissioner[,]:  (1)  imposed  for
    10  violations  of subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
    11  sion two or subparagraph (i) of paragraph (a) of  subdivision  three  of
    12  section  five  hundred eleven of this chapter; (2) imposed in accordance
    13  with the provisions of section eleven  hundred  ninety-three,  paragraph
    14  (f)  of subdivision seven of section eleven hundred ninety-six, subdivi-
    15  sion nine of section eleven hundred ninety-eight,  and  civil  penalties
    16  imposed  pursuant  to  subdivision two of section eleven hundred ninety-
    17  four-a of this article, including, where appropriate, a hearing  officer
    18  acting on behalf of the commissioner, from violations of sections eleven
    19  hundred  ninety-two, eleven hundred ninety-two-a and findings made under
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06352-04-6

        A. 3432--B                          2
 
     1  section eleven hundred ninety-four-a of this article;  and  (3)  imposed
     2  upon a conviction for: aggravated vehicular assault, pursuant to section
     3  120.04-a of the penal law; vehicular assault in the first degree, pursu-
     4  ant  to section 120.04 of the penal law; vehicular assault in the second
     5  degree, pursuant to section 120.03 of the penal law; aggravated  vehicu-
     6  lar  homicide,  pursuant  to  section 125.14 of the penal law; vehicular
     7  manslaughter in the first degree, pursuant  to  section  125.13  of  the
     8  penal  law; and vehicular manslaughter in the second degree, pursuant to
     9  section 125.12 of the penal law, as provided in section eighteen hundred
    10  three of this chapter. Upon receipt of these moneys,  the  county  shall
    11  deposit  them  in  a  separate account entitled "special traffic options
    12  program for driving while intoxicated," and  they  shall  be  under  the
    13  exclusive care, custody, and control of the chief fiscal officer of each
    14  county participating in the program.
    15    §  2.  The  opening  paragraph of subdivision 9 of section 1803 of the
    16  vehicle and traffic law, as amended by chapter 345 of the laws of  2007,
    17  is amended to read as follows:
    18    Where a county establishes a special traffic options program for driv-
    19  ing while intoxicated, approved by the commissioner [of motor vehicles],
    20  pursuant  to  section  eleven  hundred ninety-seven of this chapter, all
    21  fines, penalties and forfeitures: (a) imposed and collected  [from]  for
    22  violations  of subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
    23  sion two or subparagraph (i) of paragraph (a) of  subdivision  three  of
    24  section  five  hundred eleven[, all fines, penalties and forfeitures] of
    25  this chapter; (b) imposed and collected in accordance with section elev-
    26  en hundred ninety-three of this chapter [collected from] for  violations
    27  of  section eleven hundred ninety-two of this chapter; [and any fines or
    28  forfeitures] (c) imposed and collected for violations of  paragraph  (f)
    29  of  subdivision seven of section eleven hundred ninety-six of this chap-
    30  ter or for violations of subdivision  nine  of  section  eleven  hundred
    31  ninety-eight  of this chapter; (d) collected by any court, judge, magis-
    32  trate or other officer imposed upon a conviction for: aggravated vehicu-
    33  lar assault, pursuant to section 120.04-a of the  penal  law;  vehicular
    34  assault  in  the  first  degree, pursuant to section 120.04 of the penal
    35  law; vehicular assault in the second degree, pursuant to section  120.03
    36  of  the  penal  law;  aggravated vehicular homicide, pursuant to section
    37  125.14 of the penal law; vehicular manslaughter  in  the  first  degree,
    38  pursuant  to section 125.13 of the penal law; and vehicular manslaughter
    39  in the second degree, pursuant to section 125.12 of the penal  law;  and
    40  (e) civil penalties imposed pursuant to subdivision two of section elev-
    41  en hundred ninety-four-a of this chapter, shall be paid to such county.
    42    § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
    43  law, as added by section 37 of part J of chapter 62 of the laws of 2003,
    44  are amended to read as follows:
    45    1. Notwithstanding any other provision of law, whenever proceedings in
    46  a  court  of this state result in a conviction pursuant to:  (a) section
    47  eleven hundred ninety-two of this chapter; (b)  subparagraphs  (ii)  and
    48  (iii)  of  paragraph (a) of subdivision two or subparagraph (i) of para-
    49  graph (a) of subdivision three of section five hundred  eleven  of  this
    50  chapter;  (c)  paragraph  (f)  of  subdivision  seven  of section eleven
    51  hundred ninety-six of this chapter; or (d) subdivision nine  of  section
    52  eleven  hundred  ninety-eight of this chapter, there shall be levied, in
    53  addition to any sentence or other surcharge  required  or  permitted  by
    54  law, an additional surcharge of twenty-five dollars.
    55    2.  The  additional  surcharge provided for in subdivision one of this
    56  section shall be paid to the  clerk  of  the  court  that  rendered  the

        A. 3432--B                          3
 
     1  conviction.  Within the first ten days of the month following collection
     2  of the surcharge the collecting authority shall determine the amount  of
     3  surcharge collected and it shall pay such money to the state comptroller
     4  who  shall  deposit such money in the state treasury pursuant to section
     5  one hundred twenty-one of the state finance law to  the  credit  of  the
     6  general  fund;  provided, however, commencing on the first day of April,
     7  two thousand seventeen and every fiscal year thereafter, the state comp-
     8  troller shall deposit such money to the credit of the  impaired  driving
     9  safety  fund  pursuant to section eighty-nine-i of the state finance law
    10  and such money shall be distributed in accordance with the provisions of
    11  such section.
    12    § 4. Paragraph b of subdivision 1 and subdivision 2 of section  1809-e
    13  of  the  vehicle  and  traffic  law, as added by section 1 of part EE of
    14  chapter 56 of the laws of 2008, are amended to read as follows:
    15    b. Notwithstanding any other provision of law, whenever proceedings in
    16  a court of this state result in a conviction pursuant  to:  (1)  section
    17  eleven  hundred  ninety-two  of this chapter; (2) subparagraphs (ii) and
    18  (iii) of paragraph (a) of subdivision two or subparagraph (i)  of  para-
    19  graph  (a)  of  subdivision three of section five hundred eleven of this
    20  chapter; (3) paragraph  (f)  of  subdivision  seven  of  section  eleven
    21  hundred  ninety-six  of this chapter; or (4) subdivision nine of section
    22  eleven hundred ninety-eight of this chapter, there shall be  levied,  in
    23  addition  to  any  sentence  or other surcharge required or permitted by
    24  law, an additional surcharge of one hundred seventy dollars.
    25    2. The additional surcharges provided for in subdivision one  of  this
    26  section shall be paid to the clerk of the court or administrative tribu-
    27  nal that rendered the conviction. Within the first ten days of the month
    28  following  collection of such surcharges, the collecting authority shall
    29  pay such money to the state comptroller to be deposited to  the  general
    30  fund; provided, however, commencing on the first day of April, two thou-
    31  sand  seventeen  and every fiscal year thereafter, the state comptroller
    32  shall deposit such money to the credit of the  impaired  driving  safety
    33  fund pursuant to section eighty-nine-i of the state finance law and such
    34  money  shall  be  distributed  in accordance with the provisions of such
    35  section.
    36    § 5. The state finance law is amended by adding a new section 89-i  to
    37  read as follows:
    38    §  89-i.  Impaired driving safety fund. 1. There is hereby established
    39  in the custody of the comptroller, a special fund to  be  known  as  the
    40  "impaired driving safety fund".
    41    2. Such fund shall consist of all moneys received by the state for the
    42  collection  of  surcharges imposed pursuant to sections eighteen hundred
    43  nine-c and eighteen hundred nine-e of the vehicle and  traffic  law  and
    44  all  other  grants,  bequests  or other moneys appropriated, credited or
    45  transferred thereto from any other fund or source pursuant to law.
    46    3. Moneys in the impaired driving safety fund shall be made  available
    47  to  the  department of motor vehicles only for the costs associated with
    48  monitoring persons subject to the  ignition  interlock  program  as  set
    49  forth  in section eleven hundred ninety-eight of the vehicle and traffic
    50  law, and for the distribution of  annual  grants  to  eligible  programs
    51  established pursuant to section eleven hundred ninety-seven of the vehi-
    52  cle  and  traffic law exclusively for the purposes, functions and duties
    53  set forth in section eleven hundred  ninety-seven  of  the  vehicle  and
    54  traffic law.
    55    4.  The  moneys of the fund shall be paid out on the audit and warrant
    56  of the comptroller on vouchers certified or approved by the commissioner

        A. 3432--B                          4
 
     1  of motor vehicles, including advance of funds, if necessary,  for  costs
     2  incurred  by  a  county  for  monitoring persons subject to the ignition
     3  interlock program. At the end of each year any moneys remaining  in  the
     4  fund  shall  be  retained  in  the fund exclusively for the purposes set
     5  forth herein and shall not revert to the general fund. The interest  and
     6  income  earned  on moneys in the fund after deducting applicable charges
     7  shall be credited to the fund.
     8    § 6. This act shall take effect on the first of November next succeed-
     9  ing the date on which it shall have become a law.
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