N.Y. Environmental Conservation Law § 71-0213: Mandatory surcharge

§ 71-0213. Mandatory surcharge.

1. Whenever proceedings result in a conviction for an offense under

this chapter there shall be levied, in addition to any sentence required

or permitted by law, the following mandatory surcharges: (a) in the

amount of twenty-five dollars for violations of sportfishing regulations

set forth in 6 NYCRR 10; (b) in the amount of seventy-five dollars for

all other offenses under this chapter provided, however, that

convictions for offenses under articles seventeen, nineteen or

twenty-seven of this chapter shall be subject to a mandatory surcharge

equal to the greater of seventy-five dollars or six percent of any

penalty or fine imposed. The mandatory surcharge shall be paid to the

clerk of the court who shall remit such mandatory surcharge to the state

comptroller provided, however, that in cases where the conviction was

rendered by a town or a village justice court, the clerk of such court

shall pay twenty-five dollars of such surcharge to the chief fiscal

officer of the town or village in the case of surcharges resulting from

paragraph (b) of this subdivision and ten dollars in the case of

surcharges resulting from paragraph (a) of this subdivision and shall

pay the remaining amounts of such mandatory surcharges to the state

comptroller in the same manner as provided in section 71-0211 of this

article. The comptroller shall pay such monies into the state treasury

to the credit of the general fund.

2. Any person who has paid a mandatory surcharge 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

upon application to the state comptroller. The state comptroller shall

require such proof as is necessary to determine whether a refund is

required by law.