Bill S4485-2013

Provides for the refund of certain mandatory surcharges and fees to be made by the department, agency or court that collected such surcharge or fee

Provides for the refund of certain mandatory surcharges and fees to be made by the department, agency or court that collected such surcharge or fee.

Details

Actions

  • Jun 12, 2013: SUBSTITUTED BY A7182
  • Jun 11, 2013: ADVANCED TO THIRD READING
  • Jun 10, 2013: 2ND REPORT CAL.
  • Jun 5, 2013: 1ST REPORT CAL.1159
  • Apr 3, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 5, 2013
Ayes (15): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger

Memo

BILL NUMBER:S4485

TITLE OF BILL: An act to amend the penal law, in relation to the refund of certain mandatory surcharges and fees

PURPOSE:

To correct a technical error in the Penal Law so that applications for the refund of certain mandatory surcharges and fees, when appropriate, are made to the department, agency or court that collected such surcharge or fee rather than to the State Comptroller.

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Subdivision 4 of Section 60.35 of the Penal Law to correct the existing law to conform with current practice so that applications for refunds of certain mandatory surcharges and fees are sent to the department, agency or court that collected the surcharge or fee, except in the case of a town or village court, rather than to the State Comptroller. This bill would continue to require that applications for a refund of a surcharge or fee imposed and collected by a town or village court be made to the State Comptroller.

PRIOR LEGISLATIVE HISTORY:

New bill.

JUSTIFICATION:

The law currently states that any person who has paid a mandatory surcharge, sex offender registration fee, DNA databank fee. a crime victim assistance fee or a supplemental sex offender fee based upon a conviction that is subsequently reversed, or if such surcharge or fee is subsequently determined not to have been required, shall make an application to the State Comptroller for a refund of such surcharge or fee.

Based upon this provision of law, it is routine for individuals to write to the State Comptroller seeking refunds of amounts that typically range from fifty to one hundred dollars. Other than in the case of a surcharge or fee imposed by a town or village court, the submission of such requests for refunds directly to the State Comptroller is inconsistent with general State refund procedures, as set forth in Subdivision 15 of Section 8 of the State Finance Law, whereby the State Comptroller audits and approves refunds after certification by the head of the department or agency. Such Subdivision clearly recognizes that, other than in the case of a town or village court, the departments, agencies or courts that collect the fees are best able to evaluate refund requests before they are certified by the State Comptroller.

Additionally, the Office of the State Comptroller does not maintain the records that are relevant to Penal Law Section 60.35 refund applications. As a result, when a refund application is sent to the Office of the State Comptroller under current law; other than in the case of a town or village court, the Office of the State Comptroller

has to return the refund application to the requestor with directions that such application be resubmitted to the department, agency or court that collected the mandatory surcharge or fee. This delays the payment of such refunds to the individuals who are entitled to them.

The requirement under Penal Law Section 60.35 that a refund application for a surcharge or fee that was imposed and collected by a town or village court be made to the State Comptroller will not be effected by this bill.

The State Comptroller urges the passage of this proposed legislation.

FISCAL IMPLICATIONS FOR STATE:

This bill has no significant State fiscal impact.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4485 2013-2014 Regular Sessions IN SENATE April 3, 2013 ___________
Introduced by Sen. NOZZOLIO -- (at request of the State Comptroller) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the refund of certain mandatory surcharges and fees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 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: 4. Any person who has paid a mandatory surcharge, sex offender regis- tration fee, DNA databank fee, a crime victim assistance fee or a supplemental sex offender victim fee under the authority of this section based upon a conviction that is subsequently reversed or who paid a mandatory surcharge, sex offender registration fee, DNA databank fee, a crime victim assistance fee or supplemental sex offender victim fee under the authority of this section which is ultimately determined not to be required by this section shall be entitled to a refund of such mandatory surcharge, sex offender registration fee, DNA databank fee, crime victim assistance fee or supplemental sex offender victim fee upon application, IN THE CASE OF A TOWN OR VILLAGE COURT, to the state comp- troller. The state comptroller shall require such proof as is necessary in order to determine whether a refund is required by law. IN ALL OTHER CASES, SUCH APPLICATION SHALL BE MADE TO THE DEPARTMENT, AGENCY OR COURT THAT COLLECTED SUCH SURCHARGE OR FEE. SUCH DEPARTMENT, AGENCY OR COURT SHALL INITIATE THE REFUND PROCESS AND THE STATE COMPTROLLER SHALL PAY THE REFUND PURSUANT TO SUBDIVISION FIFTEEN OF SECTION EIGHT OF THE STATE FINANCE LAW. S 2. This act shall take effect immediately.

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