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A00909 Summary:

BILL NOA00909
 
SAME ASSAME AS S04307
 
SPONSORLupardo
 
COSPNSRSkoufis
 
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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A00909 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A909
 
SPONSOR: Lupardo
  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 establishing 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, 2014. (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, the money in the fund would be administered by the Gover- nor's Traffic Safety Committee as follows: the first $3M would be dedi- cated to funding the ignition interlock monitoring (replacing the expired NHISA grant); and the remainder would be administered to the county STOP-DWI programs in the form of grants in the same manner that GTSC currently distributes federal highway safety grants. 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: 2010:S.795I/A.11374A FISCAL 2011-12: S.1348A/A-2950A 2013-14: A7876 2015-16: A3432B   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 April, 2017.
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A00909 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           909
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee 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:
 
     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
    20  section  eleven  hundred  ninety-four-a of this article; and (3) imposed
    21  upon a conviction for: aggravated vehicular assault, pursuant to section
    22  120.04-a of the penal law; vehicular assault in the first degree, pursu-
    23  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.
                                                                   LBD02167-01-7

        A. 909                              2
 
     1  degree,  pursuant to section 120.03 of the penal law; aggravated vehicu-
     2  lar homicide, pursuant to section 125.14 of  the  penal  law;  vehicular
     3  manslaughter  in  the  first  degree,  pursuant to section 125.13 of the
     4  penal  law; and vehicular manslaughter in the second degree, pursuant to
     5  section 125.12 of the penal law, as provided in section eighteen hundred
     6  three of this chapter. Upon receipt of these moneys,  the  county  shall
     7  deposit  them  in  a  separate account entitled "special traffic options
     8  program for driving while intoxicated," and  they  shall  be  under  the
     9  exclusive care, custody, and control of the chief fiscal officer of each
    10  county participating in the program.
    11    §  2.  The  opening  paragraph of subdivision 9 of section 1803 of the
    12  vehicle and traffic law, as amended by chapter 345 of the laws of  2007,
    13  is amended to read as follows:
    14    Where a county establishes a special traffic options program for driv-
    15  ing while intoxicated, approved by the commissioner [of motor vehicles],
    16  pursuant  to  section  eleven  hundred ninety-seven of this chapter, all
    17  fines, penalties and forfeitures: (a) imposed and collected  [from]  for
    18  violations  of subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
    19  sion two or subparagraph (i) of paragraph (a) of  subdivision  three  of
    20  section  five  hundred eleven[, all fines, penalties and forfeitures] of
    21  this chapter; (b) imposed and collected in accordance with section elev-
    22  en hundred ninety-three of this chapter [collected from] for  violations
    23  of  section eleven hundred ninety-two of this chapter; [and any fines or
    24  forfeitures] (c) imposed and collected for violations of  paragraph  (f)
    25  of  subdivision seven of section eleven hundred ninety-six of this chap-
    26  ter or for violations of subdivision  nine  of  section  eleven  hundred
    27  ninety-eight  of this chapter; (d) collected by any court, judge, magis-
    28  trate or other officer imposed upon a conviction for: aggravated vehicu-
    29  lar assault, pursuant to section 120.04-a of the  penal  law;  vehicular
    30  assault  in  the  first  degree, pursuant to section 120.04 of the penal
    31  law; vehicular assault in the second degree, pursuant to section  120.03
    32  of  the  penal  law;  aggravated vehicular homicide, pursuant to section
    33  125.14 of the penal law; vehicular manslaughter  in  the  first  degree,
    34  pursuant  to section 125.13 of the penal law; and vehicular manslaughter
    35  in the second degree, pursuant to section 125.12 of the penal  law;  and
    36  (e) civil penalties imposed pursuant to subdivision two of section elev-
    37  en hundred ninety-four-a of this chapter, shall be paid to such county.
    38    § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
    39  law, as added by section 37 of part J of chapter 62 of the laws of 2003,
    40  are amended to read as follows:
    41    1. Notwithstanding any other provision of law, whenever proceedings in
    42  a  court  of this state result in a conviction pursuant to:  (a) section
    43  eleven hundred ninety-two of this chapter; (b)  subparagraphs  (ii)  and
    44  (iii)  of  paragraph (a) of subdivision two or subparagraph (i) of para-
    45  graph (a) of subdivision three of section five hundred  eleven  of  this
    46  chapter;  (c)  paragraph  (f)  of  subdivision  seven  of section eleven
    47  hundred ninety-six of this chapter; or (d) subdivision nine  of  section
    48  eleven  hundred  ninety-eight of this chapter, there shall be levied, in
    49  addition to any sentence or other surcharge  required  or  permitted  by
    50  law, an additional surcharge of twenty-five dollars.
    51    2.  The  additional  surcharge provided for in subdivision one of this
    52  section shall be paid to the  clerk  of  the  court  that  rendered  the
    53  conviction.  Within the first ten days of the month following collection
    54  of the surcharge the collecting authority shall determine the amount  of
    55  surcharge collected and it shall pay such money to the state comptroller
    56  who  shall  deposit such money in the state treasury pursuant to section

        A. 909                              3
 
     1  one hundred twenty-one of the state finance law to  the  credit  of  the
     2  general  fund;  provided, however, commencing on the first day of April,
     3  two thousand eighteen and every fiscal year thereafter, the state  comp-
     4  troller  shall  deposit such money to the credit of the impaired driving
     5  safety fund pursuant to section eighty-nine-i of the state  finance  law
     6  and such money shall be distributed in accordance with the provisions of
     7  such section.
     8    §  4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
     9  of the vehicle and traffic law, as added by section  1  of  part  EE  of
    10  chapter 56 of the laws of 2008, are amended to read as follows:
    11    b. Notwithstanding any other provision of law, whenever proceedings in
    12  a  court  of  this state result in a conviction pursuant to: (1) section
    13  eleven hundred ninety-two of this chapter; (2)  subparagraphs  (ii)  and
    14  (iii)  of  paragraph (a) of subdivision two or subparagraph (i) of para-
    15  graph (a) of subdivision three of section five hundred  eleven  of  this
    16  chapter;  (3)  paragraph  (f)  of  subdivision  seven  of section eleven
    17  hundred ninety-six of this chapter; or (4) subdivision nine  of  section
    18  eleven  hundred  ninety-eight of this chapter, there shall be levied, in
    19  addition to any sentence or other surcharge  required  or  permitted  by
    20  law, an additional surcharge of one hundred seventy dollars.
    21    2.  The  additional surcharges provided for in subdivision one of this
    22  section shall be paid to the clerk of the court or administrative tribu-
    23  nal that rendered the conviction. Within the first ten days of the month
    24  following collection of such surcharges, the collecting authority  shall
    25  pay  such  money to the state comptroller to be deposited to the general
    26  fund; provided, however, commencing on the first day of April, two thou-
    27  sand eighteen and every fiscal year thereafter,  the  state  comptroller
    28  shall  deposit  such  money to the credit of the impaired driving safety
    29  fund pursuant to section eighty-nine-i of the state finance law and such
    30  money shall be distributed in accordance with  the  provisions  of  such
    31  section.
    32    §  5. The state finance law is amended by adding a new section 89-i to
    33  read as follows:
    34    § 89-i. Impaired driving safety fund. 1. There is  hereby  established
    35  in  the  custody  of  the comptroller, a special fund to be known as the
    36  "impaired driving safety fund".
    37    2. Such fund shall consist of all moneys received by the state for the
    38  collection of surcharges imposed pursuant to sections  eighteen  hundred
    39  nine-c  and  eighteen  hundred nine-e of the vehicle and traffic law and
    40  all other grants, bequests or other  moneys  appropriated,  credited  or
    41  transferred thereto from any other fund or source pursuant to law.
    42    3.  Moneys in the impaired driving safety fund shall be made available
    43  to the department of motor vehicles only for the costs  associated  with
    44  monitoring  persons  subject  to  the  ignition interlock program as set
    45  forth in section eleven hundred ninety-eight of the vehicle and  traffic
    46  law,  and  for  the  distribution  of annual grants to eligible programs
    47  established pursuant to section eleven hundred ninety-seven of the vehi-
    48  cle and traffic law exclusively for the purposes, functions  and  duties
    49  set  forth  in  section  eleven  hundred ninety-seven of the vehicle and
    50  traffic law.
    51    4. The moneys of the fund shall be paid out on the audit  and  warrant
    52  of the comptroller on vouchers certified or approved by the commissioner
    53  of  motor  vehicles, including advance of funds, if necessary, for costs
    54  incurred by a county for monitoring  persons  subject  to  the  ignition
    55  interlock  program.  At the end of each year any moneys remaining in the
    56  fund shall be retained in the fund  exclusively  for  the  purposes  set

        A. 909                              4
 
     1  forth  herein and shall not revert to the general fund. The interest and
     2  income earned on moneys in the fund after deducting  applicable  charges
     3  shall be credited to the fund.
     4    § 6. This act shall take effect on the first of November next succeed-
     5  ing the date on which it shall have become a law.
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