N.Y. Parks, Recreation and Historic Preservation Law § 27.12: Mandatory surcharge required in certain cases

§ 27.12 Mandatory surcharge required in certain cases. 1. Whenever an

administrative tribunal, empowered to do so, or a criminal court of this

state imposes a fine or a penalty assessment or orders a bail forfeiture

as a penalty for violating a provision of this chapter or for violating

a rule or regulation adopted pursuant to this chapter, there shall be

levied, in addition to any fine or penalty authorized by subdivision two

of section 27.11 of this article, except for traffic infractions

relating to motor vehicles unlawfully parked or standing, a mandatory

surcharge in the amount of fifteen dollars.

2. Where a person is convicted of two or more crimes or violations

committed through a single act or omission, or through an act or

omission which itself constituted one of the crimes or violations and

also was a material element of the other, the court shall impose only

one mandatory surcharge pursuant to subdivision one of this section.

3. Any person who has paid a mandatory surcharge pursuant to the

provisions 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, who shall require

such proof as is necessary in order to determine whether a refund is

required by law.

4. Notwithstanding any other provision of this section, where a person

has made restitution or reparation pursuant to section 60.27 of the

penal law, such person shall not be required to pay a mandatory

surcharge.

5. Notwithstanding any other provision of this section, where a

mandatory surcharge is imposed pursuant to the provisions of section

60.35 of the penal law or section one thousand eight hundred nine of the

vehicle and traffic law, no mandatory surcharge shall be imposed

pursuant to the provisions of this section.

6. Notwithstanding any other provision of law to the contrary the

mandatory surcharge 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 the mandatory surcharge, the collecting

authority shall determine the amount of mandatory surcharge collected

and pay such amount to the state comptroller who shall deposit such

money in the miscellaneous special revenue fund to be credited to the

agency's patron services account.