STATE OF NEW YORK
________________________________________________________________________
2712--B
2023-2024 Regular Sessions
IN SENATE
January 24, 2023
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- reported
favorably from said committee and committed to the Committee on
Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07149-07-3
S. 2712--B 2
1 assault, pursuant to section 120.04-a of the penal law; vehicular
2 assault in the first degree, pursuant to section 120.04 of the penal
3 law; vehicular assault in the second degree, pursuant to section 120.03
4 of the penal law; aggravated vehicular homicide, pursuant to section
5 125.14 of the penal law; vehicular manslaughter in the first degree,
6 pursuant to section 125.13 of the penal law; and vehicular manslaughter
7 in the second degree, pursuant to section 125.12 of the penal law, as
8 provided in section eighteen hundred three of this chapter. In addition,
9 any surcharges imposed pursuant to section eighteen hundred nine-c and
10 paragraph b of subdivision one of section eighteen hundred nine-e of
11 this chapter shall be paid to such county in such manner and for such
12 purposes as provided for in this section. Upon receipt of these moneys,
13 the county shall deposit them in a separate account entitled "special
14 traffic options program for driving while intoxicated" and they shall be
15 under the exclusive care, custody and control of the chief fiscal offi-
16 cer of each county participating in the program.
17 § 2. Subdivision 9 of section 1803 of the vehicle and traffic law, as
18 amended by chapter 196 of the laws of 1996 and the opening paragraph as
19 amended by chapter 345 of the laws of 2007, is amended to read as
20 follows:
21 9. a. Where a county establishes a special traffic options program for
22 driving while intoxicated, approved by the commissioner [of motor vehi-
23 cles], pursuant to section eleven hundred ninety-seven of this chapter,
24 all fines, penalties and forfeitures: (1) imposed and collected [from]
25 for violations of subparagraphs (ii) and (iii) of paragraph (a) of
26 subdivision two or subparagraph (i) of paragraph (a) of subdivision
27 three of section five hundred eleven[, all fines, penalties and forfei-
28 tures] of this chapter; (2) imposed and collected in accordance with
29 section eleven hundred ninety-three of this chapter [collected from] for
30 violations of section eleven hundred ninety-two of this chapter; [and
31 any fines or forfeitures] (3) collected by any court, judge, magistrate
32 or other officer imposed upon a conviction for: aggravated vehicular
33 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 (4) 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 In addition, any surcharges imposed pursuant to section eighteen hundred
43 nine-c and paragraph b of subdivision one of section eighteen hundred
44 nine-e of this chapter shall be paid to such county in such manner and
45 for such purposes as provided for in section eleven hundred ninety-seven
46 of this chapter.
47 [(a)] b. Any such fine, penalty, or forfeiture collected by any court,
48 judge, magistrate or other officer referred to in subdivision one of
49 section thirty-nine of the judiciary law, establishing a unified court
50 budget, shall be paid to that county within the first ten days of the
51 month following collection.
52 [(b)] c. Any such fine, penalty, or forfeiture collected by any other
53 court, judge, magistrate or other officer, including, where appropriate,
54 a hearing officer acting on behalf of the commissioner, shall be paid to
55 the state comptroller within the first ten days of the month following
56 collection. Every such payment to the comptroller shall be accompanied
S. 2712--B 3
1 by a statement in such form and detail as the comptroller shall provide.
2 The comptroller shall pay these funds to the county in which the
3 violation occurs.
4 [(c)] d. Upon receipt of any monies referred to in this section, the
5 county shall deposit them in a separate account entitled "special traf-
6 fic options program for driving while intoxicated".
7 § 3. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic
8 law, as added by section 37 of part J of chapter 62 of the laws of 2003,
9 are amended to read as follows:
10 1. Notwithstanding any other provision of law, whenever proceedings in
11 a court of this state result in a conviction pursuant to section eleven
12 hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of
13 paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
14 subdivision three of section five hundred eleven of this chapter, there
15 shall be levied, in addition to any sentence or other surcharge required
16 or permitted by law, an additional surcharge of twenty-five dollars.
17 2. The additional surcharge provided for in subdivision one of this
18 section shall be paid to the clerk of the court that rendered the
19 conviction. Within the first ten days of the month following collection
20 of the surcharge the collecting authority shall determine the amount of
21 surcharge collected and it shall pay such money to the state comptroller
22 who shall deposit such money in the state treasury pursuant to section
23 one hundred twenty-one of the state finance law to the credit of the
24 general fund; provided, however, commencing April first, two thousand
25 twenty-four, all such moneys shall be paid to counties in such manner
26 and for such purposes as provided for in section eleven hundred ninety-
27 seven of this chapter.
28 § 4. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e
29 of the vehicle and traffic law, as added by section 1 of part EE of
30 chapter 56 of the laws of 2008, are amended to read as follows:
31 b. Notwithstanding any other provision of law, whenever proceedings in
32 a court of this state result in a conviction pursuant to section eleven
33 hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of
34 paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of
35 subdivision three of section five hundred eleven of this chapter, there
36 shall be levied, in addition to any sentence or other surcharge required
37 or permitted by law, an additional surcharge of one hundred seventy
38 dollars.
39 2. The additional surcharges provided for in subdivision one of this
40 section shall be paid to the clerk of the court or administrative tribu-
41 nal that rendered the conviction. Within the first ten days of the month
42 following collection of such surcharges, the collecting authority shall
43 pay such money to the state comptroller to be deposited to the general
44 fund; provided, however, commencing April first, two thousand twenty-
45 four, the surcharge provided for in paragraph b of subdivision one of
46 this section shall be paid to counties in such manner and for such
47 purposes as provided for in section eleven hundred ninety-seven of this
48 chapter.
49 § 5. The commissioner of motor vehicles shall annually certify to the
50 division of the budget that all program plans eligible for funding
51 pursuant to this act are in full compliance with the provisions of
52 section 1197 of the vehicle and traffic law establishing the special
53 traffic options program for driving while intoxicated, the rules promul-
54 gated pursuant to 15 NYCRR 172 relating to such program and the
55 provisions of this act.
56 § 6. This act shall take effect April 1, 2024.
