Bill S398A-2013

Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions

Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions.

Details

Actions

  • Jun 19, 2014: referred to transportation
  • Jun 19, 2014: DELIVERED TO ASSEMBLY
  • Jun 19, 2014: PASSED SENATE
  • Jun 19, 2014: ORDERED TO THIRD READING CAL.1594
  • Jun 19, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 20, 2014: REPORTED AND COMMITTED TO FINANCE
  • Mar 11, 2014: PRINT NUMBER 398A
  • Mar 11, 2014: AMEND AND RECOMMIT TO TRANSPORTATION
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 11, 2013: referred to transportation
  • Jun 11, 2013: DELIVERED TO ASSEMBLY
  • Jun 11, 2013: PASSED SENATE
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.986
  • May 21, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Transportation - May 20, 2014
Ayes (18): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Avella, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson
Ayes W/R (1): Zeldin

Memo

BILL NUMBER:S398A

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 OF THE BILL: To provide for the necessary direction and adequate funding for the successful implementation of the ignition interlock provisions of Chapter 496 of the Laws of 2009 ("Leandra's Law").

SUMMARY OF SPECIFIC PROVISIONS:

(1) 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 VTL.

(2) Amends subdivision 5 of VTL § 1197 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 § 1803 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 beginning April 1, 2014.

(4) Amends VTL § 1609-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 § 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.

(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 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 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 pursuant 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 implement the massive and recurring requirements associated

with compliance, tracking and monitoring those subject to conditional discharge. However, it provides no funding for either 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 alcohol 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 ($25) and 1809-e ($170) from the General Fund to the local STOP-DWI Program. Third, it helps reinforce the local option STOP-DWI 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 ability for counties to implement and maintain it. Furthermore, it is obvious 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, being allowed to plead to the traffic offense of DWAI both for the purposes of expediency, and neither consistent with the intent New York's commitment 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: 2013: S.398 - Passed Senate 62-0

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 take 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, 2015.


Text

STATE OF NEW YORK ________________________________________________________________________ 398--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. DILAN, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehi- cle and traffic law, as separately amended by chapters 196 and 688 of the laws of 1996 and subparagraph 3 as amended by chapter 345 of the laws of 2007, is amended to read as follows: (a) Where a county establishes a special traffic options program for driving while intoxicated, pursuant to this section, it shall receive fines [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND FIFTEEN, MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS CHAPTER, collected by any court, judge, magistrate or other officer within that county, including, where appropriate, a hearing officer acting on behalf of the commissioner[,]: (1) imposed for violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of para- graph (a) of subdivision three of section five hundred eleven of this chapter; (2) imposed in accordance with the provisions of section eleven hundred ninety-three, PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX, SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT, and civil penalties imposed pursuant to subdivision two of section eleven hundred ninety-four-a of this article, including, where appropriate, a hearing officer acting on behalf of the commissioner,
from violations of sections eleven hundred ninety-two, eleven hundred ninety-two-a and findings made under section eleven hundred ninety-four-a of this article; and (3) imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursuant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicular homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law, as provided in section eighteen hundred three of this chap- ter. Upon receipt of these moneys, the county shall deposit them in a separate account entitled "special traffic options program for driving while intoxicated," and they shall be under the exclusive care, custody, and control of the chief fiscal officer of each county participating in the program. S 2. Paragraphs (b) and (c) of subdivision 5 of section 1197 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988, are amended to read as follows: (b) Receive proposals from county, town, city or village agencies or non-governmental groups for activities related to alcohol traffic safety, INCLUDING THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, and to submit them to the county board of legislators or other such govern- ing body, together with a recommendation for funding of the activity if deemed appropriate. (c) Cooperate with and assist local officials within the county in the formulation and execution of alcohol traffic safety programs including enforcement, adjudication, rehabilitation [and], education AND IMPLEMEN- TATION OF THE IGNITION INTERLOCK PROGRAM AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE. S 3. The opening paragraph of subdivision 9 of section 1803 of the vehicle and traffic law, as amended by chapter 345 of the laws of 2007, is amended to read as follows: Where a county establishes a special traffic options program for driv- ing while intoxicated, approved by the commissioner [of motor vehicles], pursuant to section eleven hundred ninety-seven of this chapter, all fines, penalties [and], forfeitures, AND ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND FIFTEEN, MANDATORY SURCHARGES SET FORTH IN SECTIONS EIGHTEEN HUNDRED NINE-C AND EIGHTEEN HUNDRED NINE-E OF THIS ARTICLE: (A) IMPOSED AND collected [from] FOR violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of subdivision three of section five hundred eleven[, all fines, penalties and forfeitures] OF THIS CHAPTER; (B) imposed AND COLLECTED in accordance with section eleven hundred ninety-three of this chapter [collected from] FOR violations of section eleven hundred nine- ty-two of this chapter; [and any fines or forfeitures] (C) IMPOSED AND COLLECTED FOR VIOLATIONS OF PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER OR FOR VIOLATIONS OF SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER; (D) collected by any court, judge, magistrate or other officer imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursu- ant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicu- lar homicide, pursuant to section 125.14 of the penal law; vehicular
manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law; and (E) civil penalties imposed pursu- ant to subdivision two of section eleven hundred ninety-four-a of this chapter, shall be paid to such county. S 4. Subdivisions 1 and 2 of section 1809-c of the vehicle and traffic law, as added by section 37 of part J of chapter 62 of the laws of 2003, are amended to read as follows: 1. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to: (A) section eleven hundred ninety-two of this chapter; (B) SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER; (C) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER; OR (D) SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of twenty-five dollars. 2. The additional surcharge provided for in subdivision one of this section shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month following collection of the surcharge the collecting authority shall determine the amount of surcharge collected and it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND FIFTEEN, SUCH SURCHARGE SHALL BE PAID TO THE COUNTY WHERE THE CONVICTION WAS RENDERED. S 5. Paragraph b of subdivision 1 and subdivision 2 of section 1809-e of the vehicle and traffic law, as added by section 1 of part EE of chapter 56 of the laws of 2008, are amended to read as follows: b. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to: (1) section eleven hundred ninety-two of this chapter; (2) SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR SUBPARAGRAPH (I) OF PARA- GRAPH (A) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER; (3) PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER; OR (4) SUBDIVISION NINE OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of one hundred seventy dollars. 2. The additional surcharges provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribu- nal that rendered the conviction. Within the first ten days of the month following collection of such surcharges, the collecting authority shall pay such money to the state comptroller [to be deposited to] WHO SHALL DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF the general fund; PROVIDED, HOWEVER, WHERE A COUNTY ESTABLISHES A SPECIAL TRAFFIC OPTIONS PROGRAM FOR DRIVING WHILE INTOXICATED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THIS CHAPTER, ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND FIFTEEN, ANY SUCH SURCHARGE COLLECTED PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION SHALL BE PAID TO THE COUNTY WHERE THE CONVICTION WAS RENDERED.
S 6. Subdivision 3 of section 60.35 of the penal law, as amended by section 1 of part E of chapter 56 of the laws of 2004, is amended to read as follows: 3. The mandatory surcharge, sex offender registration fee, DNA data- bank fee, crime victim assistance fee, and supplemental sex offender victim fee provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that rendered the conviction. Within the first ten days of the month following collection of the mandatory surcharge, crime victim assistance fee, and supple- mental sex offender victim fee, the collecting authority shall determine the amount of mandatory surcharge, crime victim assistance fee, and supplemental sex offender victim fee collected and, if [it] THE COLLECT- ING AUTHORITY is an administrative tribunal[,] or a town or village justice court, it shall then pay such money to the state comptroller who, UNLESS OTHERWISE AUTHORIZED PURSUANT TO THE OPENING PARAGRAPH OF SUBDIVISION NINE OF SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the criminal justice improvement account established by section ninety- seven-bb of the state finance law. Within the first ten days of the month following collection of the sex offender registration fee and DNA databank fee, the collecting authority shall determine the amount of the sex offender registration fee and DNA databank fee collected and, if it is an administrative tribunal, or a town or village justice court, it shall then pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twen- ty-one of the state finance law to the credit of the general fund. If such collecting authority is any other court of the unified court system, it shall, within such period, UNLESS OTHERWISE AUTHORIZED PURSU- ANT TO THE OPENING PARAGRAPH OF SUBDIVISION NINE OF SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, pay such money attribut- able to the mandatory surcharge or crime victim assistance fee to the state commissioner of taxation and finance to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law. If such collecting authority is any other court of the unified court system, it shall, within such period, pay such money attributable to the sex offender registration fee and the DNA databank fee to the state commissioner of taxation and finance to the credit of the general fund. S 7. This act shall take effect immediately, provided, however, the provisions of sections one, three, four and five of this act shall take effect on the sixtieth day after it shall have become a law, and provided further, however, that section six of this act shall take effect on the first of April, 2015.

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