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A00909 Summary:

BILL NOA00909A
 
SAME ASSAME AS S04307-A
 
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: A909A
 
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: The purpose of this legislation is to provide for the necessary direc- tion and adequate funding for the successful implementation of the ignition interlock provisions of Chapter 496 of the Laws of 2009 ("Leandra's Law") and the STOP- DWI Program. The bill creates the Impaired Driving Safety Fund which would collect fines from DWI offenses and fund the Office of Probation ignition interlock program and distrib- ute funds to county STOP-DWI programs.   SUMMARY OF PROVISIONS: Section 1: Amends subdivision 1 of Section 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 coun- ty of the violation - making these offenses consistent with all other alcohol-related provisions of the law. Section 2: Amends subdivision 5 of VTL Section 1197 to add "implementa- tion of the ignition interlock program as set forth in VTL § 1198" to the functions and funding responsibilities of the County STOP-DWI coor- dinator and directs fines collected. Section 3:Subdivisions 1 and 2 of section 1809-c of the VTL is amended to direct that mandatory surcharges be imposed for the alcohol related traffic offenses listed including "driving outside the terms of a condi- tional license" and "circumventing a required ignition interlock device" and be redirected to the Impaired Interlock Safety Fund beginning April 1, 2019. 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. Section 4: Paragraph b of subdivision 1 and subdivision 2 of Section 1309-e of the VTL is amended to direct that mandatory surcharges imposed and collected under this provision be directed Impaired Driving Safety Fund. Section 5: The State Finance law is amended by adding a new section 89-i which creates the Impaired Driving Safety Fund and allows the fines collected to be deposited and directed to programs. Section 6: Effective date   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. Recently 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 target- ed 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 an alcohol-related crash by 69%. These incredible achievements were funded exclusively by the fines 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 imperiling 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 fines, regardless of circumstances and in contradiction of long-standing crimi- nal justice policy that the punishment fit the parameters of the crimi- nal behavior; and second, because surcharges are collected first, when an offender pays over time, if he or she stops paying, it is the fine that is not collected. To date, tens of millions of dollars in unpaid fines 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 NHTSA 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. The legislation also adds the fines collected for the crimes of circum- vention of an interlock device and traffic infractions with a condi- tional license in to the Impaired Driving Safety Fund. 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: Formerly A-3432B of 2016, died in Assembly Transportation.   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. The legislation provides for a phase-in which would take effect FY 2019-20 when 50% of the surcharge money would remain in the General Fund and the remainder would accrue to the credit of the Impaired Diving Safety Fund. In FY 2020-2021, the transfer to the special fund would be complete. Accordingly, there is no fiscal impact on the FY 2018-2019 fiscal plan.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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A00909 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         909--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced by M. of A. LUPARDO, SKOUFIS -- read once and referred to the
          Committee  on Transportation -- recommitted to the Committee on Trans-
          portation in accordance with Assembly Rule  3,  sec.  2  --  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 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02167-04-8

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

        A. 909--A                           3
 
     1  of  the surcharge the collecting authority shall determine the amount of
     2  surcharge collected and it shall pay such money to the state comptroller
     3  who shall deposit such money in the state treasury pursuant  to  section
     4  one  hundred  twenty-one  of  the state finance law to the credit of the
     5  general fund; provided, however, commencing on the first day  of  April,
     6  two thousand nineteen, the state comptroller shall deposit fifty percent
     7  of such money to the credit of the impaired driving safety fund pursuant
     8  to  section  eighty-nine-i of the state finance law and such money shall
     9  be distributed in accordance with the provisions of  such  section;  and
    10  commencing  on  the  first  day  of April, two thousand twenty and every
    11  fiscal year thereafter, the state comptroller  shall  deposit  all  such
    12  money  to  the  credit  of  the impaired driving safety fund pursuant to
    13  section eighty-nine-i of the state finance law and such money  shall  be
    14  distributed in accordance with the provisions of such section.
    15    §  4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
    16  of the vehicle and traffic law, as added by section  1  of  part  EE  of
    17  chapter 56 of the laws of 2008, are amended to read as follows:
    18    b. Notwithstanding any other provision of law, whenever proceedings in
    19  a  court  of  this state result in a conviction pursuant to: (1) section
    20  eleven hundred ninety-two of this chapter; (2)  subparagraphs  (ii)  and
    21  (iii)  of  paragraph (a) of subdivision two or subparagraph (i) of para-
    22  graph (a) of subdivision three of section five hundred  eleven  of  this
    23  chapter;  (3)  paragraph  (f)  of  subdivision  seven  of section eleven
    24  hundred ninety-six of this chapter; or (4) subdivision nine  of  section
    25  eleven  hundred  ninety-eight of this chapter, there shall be levied, in
    26  addition to any sentence or other surcharge  required  or  permitted  by
    27  law, an additional surcharge of one hundred seventy dollars.
    28    2.  The  additional surcharges provided for in subdivision one of this
    29  section shall be paid to the clerk of the court or administrative tribu-
    30  nal that rendered the conviction. Within the first ten days of the month
    31  following collection of such surcharges, the collecting authority  shall
    32  pay  such  money to the state comptroller to be deposited to the general
    33  fund; provided, however, commencing on the first day of April, two thou-
    34  sand nineteen, the state comptroller shall deposit fifty percent of such
    35  money to the credit of the impaired  driving  safety  fund  pursuant  to
    36  section  eighty-nine-i  of the state finance law and such money shall be
    37  distributed in accordance with  the  provisions  of  such  section;  and
    38  commencing  on  the  first  day  of April, two thousand twenty and every
    39  fiscal year thereafter, the state comptroller  shall  deposit  all  such
    40  money  to  the  credit  of  the impaired driving safety fund pursuant to
    41  section eighty-nine-i of the state finance law and such money  shall  be
    42  distributed in accordance with the provisions of such section.
    43    §  5. The state finance law is amended by adding a new section 89-i to
    44  read as follows:
    45    § 89-i. Impaired driving safety fund. 1. There is  hereby  established
    46  in  the  custody  of  the comptroller, a special fund to be known as the
    47  "impaired driving safety fund".
    48    2. Such fund shall consist of all moneys received by the state for the
    49  collection of surcharges imposed pursuant to sections  eighteen  hundred
    50  nine-c  and  eighteen  hundred nine-e of the vehicle and traffic law and
    51  all other grants, bequests or other  moneys  appropriated,  credited  or
    52  transferred thereto from any other fund or source pursuant to law.
    53    3.    Thirty-three percent, but not more than three million dollars of
    54  moneys in the impaired driving safety fund shall be  made  available  to
    55  the  office  of  probation  and  correctional alternatives for the costs
    56  associated with monitoring persons subject  to  the  ignition  interlock

        A. 909--A                           4
 
     1  program as set forth in section eleven hundred ninety-eight of the vehi-
     2  cle  and traffic law, and sixty-seven percent of such money in such fund
     3  shall be made available to the department of motor vehicles for distrib-
     4  ution  for  services  and  expenses  related  to  county special traffic
     5  options programs for driving while intoxicated pursuant to section elev-
     6  en hundred ninety-seven of the vehicle and traffic  law,  and  an  allo-
     7  cation  plan  subject  to the approval of the director of the budget. In
     8  the event that the thirty-three percent of  such  moneys  exceeds  three
     9  million  dollars,  the remainder shall accrue to the department of motor
    10  vehicles for distribution to county special traffic options programs for
    11  driving while intoxicated in accordance  with  the  provisions  of  this
    12  subdivision.
    13    4.  The  moneys of the fund shall be paid out on the audit and warrant
    14  of the comptroller on vouchers certified or approved by the commissioner
    15  of the division of criminal justice  services  or  the  commissioner  of
    16  motor vehicles, as applicable, including advance of funds, if necessary,
    17  for  costs  incurred  by  a county for monitoring persons subject to the
    18  ignition interlock program. At the end of each year any moneys remaining
    19  in the fund shall be retained in the fund exclusively for  the  purposes
    20  set  forth herein and shall not revert to the general fund. The interest
    21  and income earned on moneys  in  the  fund  after  deducting  applicable
    22  charges shall be credited to the fund.
    23    § 6. This act shall take effect on the first of November next succeed-
    24  ing the date on which it shall have become a law.
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