NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7876
SPONSOR: Lupardo TITLE OF BILL: An act to amend the vehicle and traffic law and the
penal law, in relation to distribution of certain mandatory surcharges
imposed for alcohol-related traffic convictions
PURPOSE OR GENERAL IDEA OF BILL:
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 SPECIFIC PROVISIONS:
(I) 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
(2) Amends subdivision 5 of VTL § 1 197 to add "implementation of the
ignition interlock program as set forth in VTL § 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 § 1309-c to direct that mandatory surcharges imposed and
collected under this provision be directed to the STOP-DWI Pmmam in the
county where the offense occurred.
(6) Amends subdivision 3 of § 60.35 of the penal Law to conform the fine
and surcharge collection process to be consistent with the intent of
this legislation.
JUSTIFICATION:
Chapter 496 of the Laws of 2009, also known as Leandra's Law, requires
that the sentence for ail 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 the period of
probation (at least 3 years) or conditional discharge, but not less than
six months. This provision took effect on August 15, 2010.
As a result of this law, 25,000 people annually will be sentenced pursu-
ant to this requirement. In seeking to implement this law, the Division
of Probation and Correctional Alternatives has promulgated an emergency
rule that essentially orders the counties to develop a program to imple-
ment the massive and recurring requirements associated with compliance,
tracking and monitoring those subject to conditional discharge. However,
it provides no funding for either ese tasks, nor for the 12,000+ new
probationers likely to exist as a result of this statute. Thus, the
counties are currently faced with a combination of a seriously unfunded
mandate and the requirement that they develop an entirely new program
pursuant to the new rule.
This measure resolves both of these problems as well as a third. Over
the years, the State has added a series of mandatory surcharges to alco-
hol related offenses strictly for budget relief, without regard for
sound criminal justice policy and to the immediate financial detriment
of the county STOP-DWI Programs that rely exclusively upon the fines
imposed for alcohol-related offenses.
This bill would address all three issues. First, it utilizes the county
STOP-DWI program and its existing statutory funding mechanism to fully
realize the ignition interlock program rather than force counties to
develop an entirely new - and unfunded - process. Second, it establishes
a recurring revenue stream to provide the counties with the necessary
funding to implement the expansive new ignition interlock program and
maintain it going forward. It does so by redirecting the surcharges
collected under VTL sections 1809-c(S25) and 1309-e(S170) from the
General Fund to the local STOP-DWI Program. Third, it helps reinforce
the local option STOP-DM Programs that collectively have made New York a
national model for addressing the challenges presented by the drunk
driver, but have, recently seen their revenue streams reduced out of
expediency for quick-fix State budget relief.
In order for this program to work, there must be confidence in the abil-
ity for counties to implement and maintain is. Furthermore, it is obvi-
ous that the mischief that can arise from overwhelmed local courts could
result in thousands of new offenders sent to an already overburdened
probation system or, thousands of persons who should be convicted of DWI
allowed to plead to the traffic offense of DWAI -both for the purposes
of expediency, and neither consistent with the intent New York's commit-
ment to eradicate drunk driving. This bill presents an opportunity to
have the new law implemented in a manner that reflects the Legislature's
intent when it was enacted.
PRIOR LEGISLATIVE HISTORY:
2011-12: S.1348A/A-2950A - 2011 2010:S.7951/A.11374A FISCAL
IMPLICATIONS:
Approximately $6.8 million in mandatory surcharges will be redirected
from the General Fund to the counties based upon the county of
conviction.
EFFECTIVE DATE:
This act shall rake 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,2014.
