N.Y. State Finance Law § 99-a: Justice court fund

§ 99-a. Justice court fund. 1. All moneys received by the comptroller

pursuant to section twenty hundred twenty-one of the uniform justice

court act, section twenty-seven of the town law, section 4-410 of the

village law, section eighteen hundred and three of the vehicle and

traffic law, section forty-five of the agriculture and markets law,

sections 71-0211, 71-0507 and 71-0521 of the environmental conservation

law, section fifty-two of the workers' compensation law, section 27.13

of the parks, recreation and historic preservation law, section two

hundred one of the navigation law and pursuant to this section shall

constitute a special fund to be held by the comptroller and to be known

as the justice court fund. Notwithstanding any general, special or local

law which provides for the direct payment of fines, penalties or

forfeitures to a state or local governmental unit, official or agency,

and except as provided in subdivision three of this section, all fines,

penalties or forfeitures received by a town or village justice court

shall be paid first to the state comptroller pursuant to this section

and the other aforementioned sections of law whereupon the state

comptroller shall distribute such moneys to the proper state or local

governmental unit, official or fund pursuant to subdivision two of this

section. The justice court fund shall be deposited to the credit of the

comptroller in one or more state banks, trust companies or savings banks

as may be designated by the comptroller at such rate of interest, if

any, as from time to time may be agreed upon by the depositories and the

comptroller.

2. The comptroller shall examine the reports accompanying the

remittances and shall determine the amounts which shall be credited to

or charged to the state, any special fund of the state, towns and

villages on account of fines, penalties, forfeited bail, fees or costs,

and shall on the last day of March, June, September and December of each

year, or as soon as practical thereafter, state an account with the

general fund of the state, the special funds of the state, towns and

villages, and shall pay to the general fund of the state, the special

funds of the state and towns and villages any balance to the credit

thereof and shall demand and receive from any town or village the amount

of any balance chargeable to such town or village. Such reports

accompanying the remittances may be filed in paper form or by electronic

transmission or in such other media form as the comptroller determines

offers reasonably the same degree of accountability and control provided

by the filing of a paper document.

3. The comptroller is hereby authorized to implement alternative

procedures, including guidelines in conjunction therewith, relating to

the remittance of fines, penalties, forfeitures and other moneys by town

and village justice courts, and by the Nassau and Suffolk counties

traffic and parking violations agencies, and by the city of Buffalo

traffic violations agency, and by the city of Rochester traffic

violations agency to the justice court fund and for the distribution of

such moneys by the justice court fund. Notwithstanding any law to the

contrary, the alternative procedures utilized may include:

a. electronic funds transfer;

b. remittance of funds by the justice court to the chief fiscal office

of the town or village, or, in the case of the Nassau and Suffolk

counties traffic and parking violations agencies, to the county

treasurer, or, in the case of the Buffalo traffic violations agency, to

the city of Buffalo comptroller, or in the case of the Rochester traffic

violations agency, to the city of Rochester treasurer, for distribution

in accordance with instructions by the comptroller; and/or

c. monthly, rather than quarterly, distribution of funds.

The comptroller may require such reporting and record keeping as he or

she deems necessary to ensure the proper distribution of moneys in

accordance with applicable laws. A justice court or the Nassau and

Suffolk counties traffic and parking violations agencies or the city of

Buffalo traffic violations agency or the city of Rochester traffic

violations agency may utilize these procedures only when permitted by

the comptroller, and such permission, once given, may subsequently be

withdrawn by the comptroller on due notice.