Bill Text: NY S65106 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes a mandatory surcharge for traffic offenses and infractions in Suffolk and Nassau counties; provides that 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.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2009-06-29 - REFERRED TO RULES [S65106 Detail]

Download: New_York-2009-S65106-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          106
                             Eighth Extraordinary Session
                                   I N  S E N A T E
                                     June 29, 2009
                                      ___________
       Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
         twice  and  ordered  printed,  and when printed to be committed to the
         Committee on Rules
       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:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 1809-f to read as follows:
    3    S 1809-F.  MANDATORY  SURCHARGE  REQUIRED  FOR  TRAFFIC  OFFENSES  AND
    4  INFRACTIONS IN SUFFOLK AND NASSAU COUNTIES. 1. WHENEVER PROCEEDINGS THAT
    5  ARE  ADJUDICATED  IN A COURT IN THE COUNTIES OF SUFFOLK OR NASSAU RESULT
    6  IN A CONVICTION FOR A CRIME UNDER THIS CHAPTER OR A  TRAFFIC  INFRACTION
    7  UNDER  THIS  CHAPTER,  OR  A  LOCAL  LAW,  ORDINANCE, RULE OR REGULATION
    8  ADOPTED PURSUANT TO THIS CHAPTER, THERE  SHALL  BE  LEVIED  A  MANDATORY
    9  SURCHARGE,  IN ADDITION TO ANY SENTENCE OR SURCHARGE REQUIRED OR PERMIT-
   10  TED BY LAW, IN THE AMOUNT OF FIFTY DOLLARS.
   11    2. THE ADDITIONAL SURCHARGES PROVIDED FOR IN SUBDIVISION ONE  OF  THIS
   12  SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
   13  NAL THAT RENDERED THE CONVICTION. WITHIN THE FIRST TEN DAYS OF THE MONTH
   14  FOLLOWING  COLLECTION OF SUCH SURCHARGES, THE COLLECTING AUTHORITY SHALL
   15  PAY SUCH MONEY TO THE STATE COMPTROLLER TO  BE  DEPOSITED  IN  THE  LONG
   16  ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND ESTABLISHED BY SECTION
   17  NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
   18    3.  THE  PROVISIONS OF SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN,
   19  SUBDIVISION THREE OF SECTION FIVE HUNDRED FOURTEEN AND SUBDIVISION THREE
   20  OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS  CHAPTER  GOVERNING  ACTIONS
   21  WHICH  MAY BE TAKEN FOR FAILURE TO PAY A FINE OR PENALTY SHALL BE APPLI-
   22  CABLE TO THE ADDITIONAL SURCHARGE IMPOSED PURSUANT TO THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12117-01-9
       S. 106                              2
    1    S 2. The state finance law is amended by adding a new section  97-jjjj
    2  to read as follows:
    3    S  97-JJJJ. LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL FUND. 1.
    4  THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER, A SPECIAL
    5  FUND TO BE KNOWN AS THE "LONG  ISLAND  EXPRESSWAY  AND  SUNRISE  HIGHWAY
    6  PATROL FUND".
    7    2.  SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE PURSU-
    8  ANT TO SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE  AND  TRAFFIC  LAW
    9  AND ALL OTHER GRANTS, BEQUESTS OR OTHER MONEYS APPROPRIATED, CREDITED OR
   10  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   11    3.  MONEYS  IN  THE  LONG ISLAND EXPRESSWAY AND SUNRISE HIGHWAY PATROL
   12  FUND SHALL BE KEPT SEPARATE AND APART AND SHALL NOT BE  COMMINGLED  WITH
   13  ANY  OTHER  MONEYS  IN  THE CUSTODY OF THE COMPTROLLER AND SHALL ONLY BE
   14  EXPENDED HEREIN AND IN SUCH AMOUNTS AS APPROVED BY THE DIVISION  OF  THE
   15  BUDGET.
   16    4.  THE  MONEYS  RECEIVED  BY  SUCH FUND SHALL BE EXPENDED PURSUANT TO
   17  APPROPRIATION TO OFFSET THE COSTS OF STAFFING THE PATROL UNITS  FOR  THE
   18  LONG  ISLAND  EXPRESSWAY AND SUNRISE HIGHWAY IN SUFFOLK AND NASSAU COUN-
   19  TIES.
   20    S 3. This act shall take effect immediately.