STATE OF NEW YORK
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4755--B
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to paying drug-
impaired driving surcharges to counties to reduce drug-impaired driv-
ing incidences
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 and civil
14 penalties imposed pursuant to subdivision two of section eleven hundred
15 ninety-four-a of this article, including, where appropriate, a hearing
16 officer acting on behalf of the commissioner, from violations of
17 sections eleven hundred ninety-two, eleven hundred ninety-two-a and
18 findings made under section eleven hundred ninety-four-a of this arti-
19 cle; and (3) imposed upon a conviction for: aggravated vehicular
20 assault, pursuant to section 120.04-a of the penal law; vehicular
21 assault in the first degree, pursuant to section 120.04 of the penal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07149-06-3
A. 4755--B 2
1 law; vehicular assault in the second degree, pursuant to section 120.03
2 of the penal law; aggravated vehicular homicide, pursuant to section
3 125.14 of the penal law; vehicular manslaughter in the first degree,
4 pursuant to section 125.13 of the penal law; and vehicular manslaughter
5 in the second degree, pursuant to section 125.12 of the penal law, as
6 provided in section eighteen hundred three of this chapter. In addition,
7 any surcharges imposed pursuant to section eighteen hundred nine-c and
8 paragraph b of subdivision one of section eighteen hundred nine-e of
9 this chapter shall be paid to such county in such manner and for such
10 purposes as provided for in this section. Upon receipt of these moneys,
11 the county shall deposit them in a separate account entitled "special
12 traffic options program for driving while intoxicated" and they shall be
13 under the exclusive care, custody and control of the chief fiscal offi-
14 cer of each county participating in the program.
15 § 2. Subdivision 9 of section 1803 of the vehicle and traffic law, as
16 amended by chapter 196 of the laws of 1996 and the opening paragraph as
17 amended by chapter 345 of the laws of 2007, is amended to read as
18 follows:
19 9. a. Where a county establishes a special traffic options program for
20 driving while intoxicated, approved by the commissioner [of motor vehi-
21 cles], pursuant to section eleven hundred ninety-seven of this chapter,
22 all fines, penalties and forfeitures: (1) imposed and collected [from]
23 for violations of subparagraphs (ii) and (iii) of paragraph (a) of
24 subdivision two or subparagraph (i) of paragraph (a) of subdivision
25 three of section five hundred eleven[, all fines, penalties and forfei-
26 tures] of this chapter; (2) imposed and collected in accordance with
27 section eleven hundred ninety-three of this chapter [collected from] for
28 violations of section eleven hundred ninety-two of this chapter; [and
29 any fines or forfeitures] (3) collected by any court, judge, magistrate
30 or other officer imposed upon a conviction for: aggravated vehicular
31 assault, pursuant to section 120.04-a of the penal law; vehicular
32 assault in the first degree, pursuant to section 120.04 of the penal
33 law; vehicular assault in the second degree, pursuant to section 120.03
34 of the penal law; aggravated vehicular homicide, pursuant to section
35 125.14 of the penal law; vehicular manslaughter in the first degree,
36 pursuant to section 125.13 of the penal law; and vehicular manslaughter
37 in the second degree, pursuant to section 125.12 of the penal law; and
38 (4) civil penalties imposed pursuant to subdivision two of section elev-
39 en hundred ninety-four-a of this chapter, shall be paid to such county.
40 In addition, any surcharges imposed pursuant to section eighteen hundred
41 nine-c and paragraph b of subdivision one of section eighteen hundred
42 nine-e of this chapter shall be paid to such county in such manner and
43 for such purposes as provided for in section eleven hundred ninety-seven
44 of this chapter.
45 [(a)] b. Any such fine, penalty, or forfeiture collected by any court,
46 judge, magistrate or other officer referred to in subdivision one of
47 section thirty-nine of the judiciary law, establishing a unified court
48 budget, shall be paid to that county within the first ten days of the
49 month following collection.
50 [(b)] c. Any such fine, penalty, or forfeiture collected by any other
51 court, judge, magistrate or other officer, including, where appropriate,
52 a hearing officer acting on behalf of the commissioner, shall be paid to
53 the state comptroller within the first ten days of the month following
54 collection. Every such payment to the comptroller shall be accompanied
55 by a statement in such form and detail as the comptroller shall provide.
A. 4755--B 3
1 The comptroller shall pay these funds to the county in which the
2 violation occurs.
3 [(c)] d. Upon receipt of any monies referred to in this section, the
4 county shall deposit them in a separate account entitled "special traf-
5 fic options program for driving while intoxicated".
6 § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
7 law, as added by section 37 of part J of chapter 62 of the laws of 2003,
8 are amended to read as follows:
9 1. Notwithstanding any other provision of law, whenever proceedings in
10 a court of this state result in a conviction pursuant to section eleven
11 hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of
12 paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
13 subdivision three of section five hundred eleven of this chapter, there
14 shall be levied, in addition to any sentence or other surcharge required
15 or permitted by law, an additional surcharge of twenty-five dollars.
16 2. The additional surcharge provided for in subdivision one of this
17 section shall be paid to the clerk of the court that rendered the
18 conviction. Within the first ten days of the month following collection
19 of the surcharge the collecting authority shall determine the amount of
20 surcharge collected and it shall pay such money to the state comptroller
21 who shall deposit such money in the state treasury pursuant to section
22 one hundred twenty-one of the state finance law to the credit of the
23 general fund; provided, however, commencing April first, two thousand
24 twenty-four, all such moneys shall be paid to counties in such manner
25 and for such purposes as provided for in section eleven hundred ninety-
26 seven of this chapter.
27 § 4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
28 of the vehicle and traffic law, as added by section 1 of part EE of
29 chapter 56 of the laws of 2008, are amended to read as follows:
30 b. Notwithstanding any other provision of law, whenever proceedings in
31 a court of this state result in a conviction pursuant to section eleven
32 hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of
33 paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
34 subdivision three of section five hundred eleven of this chapter, there
35 shall be levied, in addition to any sentence or other surcharge required
36 or permitted by law, an additional surcharge of one hundred seventy
37 dollars.
38 2. The additional surcharges provided for in subdivision one of this
39 section shall be paid to the clerk of the court or administrative tribu-
40 nal that rendered the conviction. Within the first ten days of the month
41 following collection of such surcharges, the collecting authority shall
42 pay such money to the state comptroller to be deposited to the general
43 fund; provided, however, commencing April first, two thousand twenty-
44 four, the surcharge provided for in paragraph b of subdivision one of
45 this section shall be paid to counties in such manner and for such
46 purposes as provided for in section eleven hundred ninety-seven of this
47 chapter.
48 § 5. The commissioner of motor vehicles shall annually certify to the
49 division of the budget that all program plans eligible for funding
50 pursuant to this act are in full compliance with the provisions of
51 section 1197 of the vehicle and traffic law establishing the special
52 traffic options program for driving while intoxicated, the rules promul-
53 gated pursuant to 15 NYCRR 172 relating to such program and the
54 provisions of this act.
55 § 6. This act shall take effect April 1, 2024.
