Redirect DWI Surcharge Funds

Section 1. Paragraph (a) of subdivision 1 of section 1197 of the vehicle 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 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 paragraph (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 ninetyfour-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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02167-04-8

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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 chapter. 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.

§ 2. 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 driving while intoxicated, approved by the commissioner [of motor vehicles], pursuant to section eleven hundred ninety-seven of this chapter, all fines, penalties and forfeitures: (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 ninety-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, 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; and (e) civil penalties imposed pursuant to subdivision two of section eleven hundred ninety-four-a of this chapter, shall be paid to such county.

§ 3. 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 paragraph (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

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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, commencing on the first day of April, two thousand nineteen, the state comptroller shall deposit fifty percent of such money to the credit of the impaired driving safety fund pursuant to section eighty-nine-i of the state finance law and such money shall be distributed in accordance with the provisions of such section; and commencing on the first day of April, two thousand twenty and every fiscal year thereafter, the state comptroller shall deposit all such money to the credit of the impaired driving safety fund pursuant to section eighty-nine-i of the state finance law and such money shall be distributed in accordance with the provisions of such section.

§ 4. 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 paragraph (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 tribunal 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 the general fund; provided, however, commencing on the first day of April, two thousand nineteen, the state comptroller shall deposit fifty percent of such money to the credit of the impaired driving safety fund pursuant to section eighty-nine-i of the state finance law and such money shall be distributed in accordance with the provisions of such section; and commencing on the first day of April, two thousand twenty and every fiscal year thereafter, the state comptroller shall deposit all such money to the credit of the impaired driving safety fund pursuant to section eighty-nine-i of the state finance law and such money shall be distributed in accordance with the provisions of such section.

§ 5. The state finance law is amended by adding a new section 89-i to read as follows:

§ 89-i. Impaired driving safety fund. 1. There is hereby established in the custody of the comptroller, a special fund to be known as the "impaired driving safety fund".

2. Such fund shall consist of all moneys received by the state for the collection of surcharges imposed pursuant to sections eighteen hundred nine-c and eighteen hundred nine-e of the vehicle and traffic law and all other grants, bequests or other moneys appropriated, credited or transferred thereto from any other fund or source pursuant to law.

3. Thirty-three percent, but not more than three million dollars of moneys in the impaired driving safety fund shall be made available to the office of probation and correctional alternatives for the costs associated with monitoring persons subject to the ignition interlock

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program as set forth in section eleven hundred ninety-eight of the vehicle and traffic law, and sixty-seven percent of such money in such fund shall be made available to the department of motor vehicles for distribution for services and expenses related to county special traffic options programs for driving while intoxicated pursuant to section eleven hundred ninety-seven of the vehicle and traffic law, and an allocation plan subject to the approval of the director of the budget. In the event that the thirty-three percent of such moneys exceeds three million dollars, the remainder shall accrue to the department of motor vehicles for distribution to county special traffic options programs for driving while intoxicated in accordance with the provisions of this subdivision.

4. The moneys of the fund shall be paid out on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of the division of criminal justice services or the commissioner of motor vehicles, as applicable, including advance of funds, if necessary, for costs incurred by a county for monitoring persons subject to the ignition interlock program. At the end of each year any moneys remaining in the fund shall be retained in the fund exclusively for the purposes set forth herein and shall not revert to the general fund. The interest and income earned on moneys in the fund after deducting applicable charges shall be credited to the fund.

§ 6. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.