A00909 Summary:
| BILL NO | A00909A |
| SAME AS | SAME AS S04307-A |
| SPONSOR | Lupardo |
| COSPNSR | Skoufis |
| 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. | |
A00909 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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.
A00909 Text:
Go to topSTATE 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. LBD02167-04-8A. 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 or27forfeitures] (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 collectionA. 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 interlockA. 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.