Bill S4909E-2009

Establishes a mandatory surcharge for traffic offenses and infractions in Suffolk and Nassau counties

Establishes a mandatory surcharge for traffic offenses and infractions in Suffolk and Nassau counties; funds received by the counties as a result of the surcharge pay for additional patroling by the state police on the Long Island expressway and portions of sunrise highway.

Details

Actions

  • May 11, 2010: REPORTED AND COMMITTED TO FINANCE
  • May 3, 2010: PRINT NUMBER 4909E
  • May 3, 2010: AMEND AND RECOMMIT TO CODES
  • Mar 24, 2010: PRINT NUMBER 4909D
  • Mar 24, 2010: AMEND AND RECOMMIT TO CODES
  • Jan 12, 2010: REPORTED AND COMMITTED TO CODES
  • Jan 6, 2010: REFERRED TO TRANSPORTATION
  • Dec 23, 2009: PRINT NUMBER 4909C
  • Dec 23, 2009: AMEND AND RECOMMIT TO CODES
  • Sep 8, 2009: PRINT NUMBER 4909B
  • Sep 8, 2009: AMEND AND RECOMMIT TO CODES
  • Jun 18, 2009: PRINT NUMBER 4909A
  • Jun 18, 2009: AMEND AND RECOMMIT TO CODES
  • Jun 2, 2009: REPORTED AND COMMITTED TO CODES
  • Apr 27, 2009: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Codes - May 11, 2010
Ayes (9): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron
Nays (7): Volker, Saland, DeFrancisco, Bonacic, Golden, Lanza, Flanagan

Memo

 BILL NUMBER:  S4909E

TITLE OF BILL : An act to amend the vehicle and traffic law and the state finance law, in relation to a mandatory surcharge for traffic offenses and infractions in Suffolk and Nassau counties

PURPOSE OR GENERAL IDEA OF BILL : To impose a mandatory fifty dollar surcharge on certain traffic offense and infraction convictions adjudicated in the Suffolk County or Nassau County Police Districts.

SUMMARY OF SPECIFIC PROVISIONS : This legislation amends the general municipal law, the vehicle and traffic law, the state finance law, and the criminal procedure law to impose a mandatory fifty dollar surcharge on certain traffic offense and infraction convictions adjudicated in the Suffolk County or Nassau County police Districts. This would enable Suffolk and Nassau counties to raise revenue to off-set the costs associated with providing adequate patrols on the Long Island Expressway and portions of the Sunrise Highway.

JUSTIFICATION : Due to the fact that the Long Island Expressway and Sunrise Highway do not currently have a sufficient number of Suffolk County police Department patrolling officers, this legislation would generate approximately $6.7 million in revenue for Suffolk County and approximately $7.9 million in revenue for Nassau County to help off-set the costs of properly staffing the patrol units for these state roads, according to the state Division of Budget. Nassau and Suffolk each spend roughly $12 million per year policing its sections of the Long Island Expressway and Sunrise Highway. Depending on the accuracy of the projections by DOB, this legislation will substantially cover the counties' policing costs for these roads. This legislation therefore covers law enforcement expenses by surcharging those who drive these costs, i.e. people who drive over the speed limit or under the influence, among other violations.

PRIOR LEGISLATIVE HISTORY : None.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 4909--E 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________
Introduced by Sens. FOLEY, C. JOHNSON -- 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 Codes -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Commit- tee on Codes -- 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 and the state finance law, in relation to a mandatory surcharge for traffic offenses and infrac- tions in Suffolk and Nassau counties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 1809-f to read as follows: S 1809-F. MANDATORY SURCHARGE REQUIRED FOR TRAFFIC OFFENSES AND INFRACTIONS IN SUFFOLK AND NASSAU COUNTIES. 1. WHENEVER PROCEEDINGS THAT ARE ADJUDICATED IN A COURT OR IN AN ADMINISTRATIVE TRIBUNAL IN THE COUN- TIES OF SUFFOLK OR NASSAU RESULT IN A CONVICTION FOR A CRIME UNDER THIS CHAPTER OR A TRAFFIC INFRACTION UNDER THIS CHAPTER, OR A LOCAL LAW, ORDINANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER, THERE SHALL BE LEVIED A MANDATORY SURCHARGE, IN ADDITION TO ANY SENTENCE OR SURCHARGE REQUIRED OR PERMITTED BY LAW, IN THE AMOUNT OF FIFTY 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 IN THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND ESTABLISHED BY SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW. 3. THE PROVISIONS OF SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN, SUBDIVISION THREE OF SECTION FIVE HUNDRED FOURTEEN AND SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER GOVERNING ACTIONS WHICH MAY BE TAKEN FOR FAILURE TO PAY A FINE OR PENALTY SHALL BE APPLI- CABLE TO THE ADDITIONAL SURCHARGE IMPOSED PURSUANT TO THIS SECTION. S 2. The state finance law is amended by adding a new section 97-jjjj to read as follows: S 97-JJJJ. LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONIES RECEIVED BY THE STATE PURSU- ANT TO SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC LAW AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONIES APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 3. MONIES IN THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND SHALL BE KEPT SEPARATE AND APART AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONIES IN THE CUSTODY OF THE COMPTROLLER AND SHALL ONLY BE EXPENDED HEREIN AND IN SUCH AMOUNTS AS REQUESTED BY ELIGIBLE MUNICI- PALITIES AND AS APPROVED BY THE STATE COMPTROLLER. MUNICIPALITIES SHALL ONLY BE ELIGIBLE FOR REIMBURSEMENT OF FUNDS EQUIVALENT TO SUCH MUNICI- PALITY'S DEPOSITS INTO THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND. 4. THE MONIES RECEIVED BY SUCH FUND SHALL ONLY BE ALLOCATED TO OFFSET THE COSTS OF MAINTAINING PATROL ON THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY BY THE NASSAU COUNTY POLICE DEPARTMENT AND TO OFFSET THE COSTS OF RESTORING PATROL ON THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY BY THE SUFFOLK COUNTY POLICE DEPARTMENT. ANY TOWN, VILLAGE OR CITY POLICE DEPARTMENT SHALL PATROL WHERE THEY PREVIOUSLY, OR CURRENTLY PATROL ON THE LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY. IN THE COUN- TIES OF SUFFOLK AND NASSAU, A PROPORTION OF SAID FUNDS SHALL BE DISTRIB- UTED TO THE TOWNS, VILLAGES AND CITIES WITHIN SAID COUNTIES WHICH HAVE ESTABLISHED POLICE DEPARTMENTS. S 3. This act shall take effect immediately.

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