Imposes an additional $10 surcharge upon every offense that is related to operating a motor vehicle while under the influence of alcohol; all such money shall be deposited into the New York state victims of drunk driving trust fund; one-third of such monies shall be expended by the office of alcoholism and substance abuse services for adolescent alcohol abuse prevention programs in communities with the highest documented need for intervention; another one-third of such monies shall be expended by the crime victims board to compensate victims of alcohol related offenses and their families; the final one-third of such moneys shall be allocated to local stop DWI programs.
STATE OF NEW YORK
________________________________________________________________________
4284
2011-2012 Regular Sessions
IN ASSEMBLY
February 2, 2011
___________
Introduced by M. of A. P. RIVERA -- Multi-Sponsored by -- M. of A. BREN-
NAN, BURLING, BUTLER, CLARK, COLTON, COOK, CROUCH, CYMBROWITZ, DESTI-
TO, FARRELL, GALEF, HAYES, HEASTIE, HOOPER, MARKEY, MAYERSOHN, McDO-
NOUGH, McENENY, J. MILLER, OAKS, ORTIZ, PERRY, PHEFFER, J. RIVERA,
N. RIVERA, THIELE, TOWNS, WEINSTEIN, WEISENBERG -- read once and
referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to imposing an
additional surcharge for violations relating to driving while intoxi-
cated and while impaired; and to amend the state finance law, in
relation to establishing the New York state victims of drunk driving
trust fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 1809-c of the vehicle and
2 traffic law, as added by section 37 of part J of chapter 62 of the laws
3 of 2003, are amended to read as follows:
4 1. Notwithstanding any other provision of law, whenever proceedings in
5 a court of this state result in a conviction pursuant to section eleven
6 hundred ninety-two of this chapter, there shall be levied, in addition
7 to any sentence or other surcharge required or permitted by law, an
8 additional surcharge of [twenty-five] thirty-five dollars.
9 2. The additional surcharge provided for in subdivision one of this
10 section shall be paid to the clerk of the court that rendered the
11 conviction. Within the first ten days of the month following collection
12 of the surcharge the collecting authority shall determine the amount of
13 surcharge collected and it shall pay such money to the state comptroller
14 who shall deposit twenty-five dollars of such money in the state treas-
15 ury pursuant to section one hundred twenty-one of the state finance law
16 to the credit of the general fund and ten dollars of such money in the
17 state treasury pursuant to section one hundred twenty-one of the state
18 finance law to the credit of the New York state victims of drunk driving
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00036-01-1
A. 4284 2
1 trust fund established pursuant to section eighty-nine-h of the state
2 finance law.
3 § 2. The state finance law is amended by adding a new section 89-h to
4 read as follows:
5 § 89-h. New York state victims of drunk driving trust fund. 1. There
6 is hereby established, in the joint custody of the commissioner of taxa-
7 tion and finance and the comptroller, a special fund to be known as the
8 "New York state victims of drunk driving trust fund".
9 2. Such fund shall consist of all moneys received by the comptroller
10 pursuant to section eighteen hundred nine-c of the vehicle and traffic
11 law, and all other grants, bequests and other moneys appropriated, cred-
12 ited or transferred thereto from any other fund or source pursuant to
13 law.
14 3. Moneys in the New York state victims of drunk driving trust fund
15 shall be kept separate and shall not be commingled with any other moneys
16 in the custody of the commissioner of taxation and finance and the comp-
17 troller.
18 4. The moneys of the New York state victims of drunk driving trust
19 fund, following appropriation thereof, shall be expended as follows:
20 (a) one-third of such moneys shall be expended by the office of alco-
21 holism and substance abuse services pursuant to title D of the mental
22 hygiene law for adolescent alcohol abuse prevention programs in communi-
23 ties with the highest documented need for intervention as determined by
24 the commissioner of such office;
25 (b) one-third of such moneys shall be expended by the office of victim
26 services pursuant to article twenty-two of the executive law to provide
27 compensation to victims of violations of section eleven hundred ninety-
28 two of the vehicle and traffic law, and the families of such victims;
29 and
30 (c) one-third of such moneys shall be allocated to the jurisdiction
31 with a special traffic options program for driving while intoxicated
32 established pursuant to section eleven hundred ninety-seven of the vehi-
33 cle and traffic law in which such moneys were collected, and expended by
34 such jurisdiction pursuant to such section.
35 § 3. This act shall take effect on the first of November next succeed-
36 ing the date on which it shall have become a law and shall apply to
37 offenses committed on or after such effective date.
