What's happening
This bill establishes an impaired driving safety fund and reallocates certain DWI-related surcharges and fines to support relevant county programs and ignition interlock monitoring.
Why it matters
Creates a new, dedicated “Impaired Driving Safety Fund”. that specifically earmarks money from DWI-related surcharges for impaired driving prevention and monitoring, rather than sending all such funds to the general state budget. This means that money paid by offenders will be used directly for related public safety efforts, increasing accountability and transparency in how these funds are used.
Shifts funding toward local programs and ignition interlock monitoring. , ensuring that a significant portion of money collected from DWI cases goes directly to counties for their “special traffic options programs for driving while intoxicated” (STOP-DWI) and to support the costs of monitoring people required to use ignition interlock devices—a key tool in preventing repeat offenses.
Gradually increases the share of surcharges going to the new fund. , beginning with 50% in the first year and moving to 100% in subsequent years. This staged approach gives agencies time to adjust and maximizes the impact of surcharges on local impaired driving safety measures over time.
Sets specific allocations within the fund. Up to 33% (capped at $3 million) is reserved for the Office of Probation and Correctional Alternatives for ignition interlock monitoring, with the remainder distributed to county DWI programs. This ensures both direct offender supervision and broader community prevention efforts are funded, potentially improving outcomes for public safety and reducing repeat offenses.
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History
- Referred to transportation
- Referred to transportation
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
567
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
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 upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05490-02-9
S. 567 2
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 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 of the surcharge the collecting authority shall determine the amount of surcharge collected and it shall pay such money to the state comptroller
S. 567 3
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 twenty, the state comptroller shall deposit fifty percent of such money to the credit of the impaired driving safety fund pursuant to section eighty-nine-j 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-one 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-j 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 twenty, the state comptroller shall deposit fifty percent of such money to the credit of the impaired driving safety fund pursuant to section eighty-nine-j 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-one 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-j 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-j to read as follows:
§ 89-j. 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 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
S. 567 4
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 estab- lishing an impaired driving safety fund
Purpose
To provide for the necessary direction and adequate funding for the successful implementation of the ignition interlock provisions of Chap- ter 496 of the Laws of 2009 ("Leandra's Law").
Summary of 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 law.
Read the full memo (1,161 words)
(2) Amends subdivision 5 of VTL, § 1 197 to add "implementation of the ignition interlock program as set forth in VT1, § 1198" to the functions and funding responsibilities of the County STOP-DWI coordinator.
(3) Amends subdivision 9 of VTL § 1303 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 begin- ning April 1, 2019.
(4) 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.
(5) Amends VTL § I309-c to direct that mandatory surcharges imposed and collected under this provision he 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 flow and surcharge collection process to be consistent with the intent of this legislation.
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. This past year (2016) 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 targeted 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 in alcohol-related crash by 69%. These incredible achievements were funded exclusively by the tines 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 imper- iling 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 tines, regard- less of circumstances and in contradiction of longstanding criminal justice policy that the punishment fit the parameters of the criminal behavior: and second because surcharges are collected first, when an offender pays over time, if he or she stops paying, it is the tine that is not collected. To date, tens of millions of dollars in unpaid tines 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, up to the first $3M would be dedicated to the monitoring program the remainder would be distributed to the county STOP-DWI programs. Although the money does not leave the State, the fiscal impact on the General Fund upon full implementation would be approximately $6.8M. This proposal would take effect in FY 2019-2020 when 50% of the surcharge money would remain in the General Fund and the remainder would accrue to the credit of the Impaired Driving Safety Fund. In FY 2020-2021, the transfer to the special fund would be complete. Accord- ingly, there is no fiscal impact on the FY 2018-2019 fiscal plan.
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
2010: S.795I/A.11374A FISCAL 2011-12: S.1348A/A-2950A 2013-14: A7876 2015-16: A3432B 2017-18: S4307A
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.
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 Novem- ber, next succeeding the date on which it shall have become law.
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