N.Y. Vehicle & Traffic Law § 1197: Special traffic options program for driving while intoxicated

§ 1197. Special traffic options program for driving while intoxicated.

"The program", as used in this section, shall mean the special traffic

options program for driving while intoxicated, a program established

pursuant to this section, and approved by the commissioner of motor

vehicles. 1. Program establishment. (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 and civil penalties imposed pursuant to subdivision two of

section eleven hundred ninety-four-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, 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, as provided in section eighteen hundred three of this

chapter. In addition, any surcharges imposed pursuant to section

eighteen hundred nine-c and paragraph b of subdivision one of section

eighteen hundred nine-e of this chapter shall be paid to such county in

such manner and for such purposes as provided for in this section. 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.

(b) Expenditures from such account shall only be made pursuant to the

approval of a county program by the commissioner of motor vehicles. The

chief fiscal officer of each participating county shall, on a quarterly

basis, forward to the commissioner a written certificate of moneys

expended from such account.

2. Program organization. (a) Where a program is established by a

county, it shall be organized by a coordinator for the special traffic

options program for driving while intoxicated, who shall be designated

by the chief executive officer of the county, if there be one, otherwise

the chairman of the governing board of the county, or in the city of New

York, a person designated by the mayor thereof. Where a coordinator is

designated, the coordinator shall receive such salary and expenses as

the board of legislators or other governing body of such county may fix

and properly account for such expenses and shall serve at the pleasure

of such appointing body or officer.

(b) In counties having a county traffic safety board, the chief

executive officer, if there be one, otherwise the chairman of the

governing board of the county or the mayor of the city of New York, may

designate the chairman of the board or a member thereof as coordinator

of the program.

3. Purposes. (a) The program shall provide a plan for coordination of

county, town, city and village efforts to reduce alcohol-related traffic

injuries and fatalities.

(b) The program shall, where approved by the county board or other

governing body, provide funding for such activities as the board or

other body may approve, for the above-described purposes.

4. Duties of the coordinator; reports. (a) It shall be the duty of the

coordinator to:

(1) Render annually or at the request of the county legislature or

other governing body of the county, a verified account of all moneys

received and expended by the coordinator or under the coordinator's

direction and an account of other pertinent matters.

(2) Submit annually or upon request of the chief fiscal officer of

each county participating in the program, in such manner as may be

required by law, an estimate of the funds required to carry out the

purposes of this section.

(3) Make an annual report to the commissioner, which shall be due on

or before the first day of April of each year following the

implementation of said program, and shall include the following:

a. the progress, problems and other matters related to the

administration of said program; and

b. an assessment of the effectiveness of the program within the

geographic area of the county participating therein and any and all

recommendations for expanding and improving said program.

(b) Any annual report shall also contain the following, in a form

prescribed by the commissioner:

(1) Number of arrests for violations of section eleven hundred

ninety-two of this article and subdivision two of section five hundred

eleven of this chapter;

(2) Number and description of dispositions resulting therefrom;

(3) Number of suspensions issued in the county for alleged refusals to

submit to chemical tests;

(4) Total fine moneys returned to the participating county in

connection with the program;

(5) Contemplated programs;

(6) Distribution of moneys in connection with program adminstration;

(7) Any other information required by the commissioner.

5. Functions of the coordinator. In addition to the duties of the

coordinator as provided in subdivision four of this section, the

coordinator shall perform the following functions:

(a) Formulate a special traffic options program for driving while

intoxicated and coordinate efforts of interested parties and agencies

engaged in alcohol traffic safety, law enforcement, adjudication,

rehabilitation and preventive education.

(b) Receive proposals from county, town, city or village agencies or

non-governmental groups for activities related to alcohol traffic safety

and to submit them to the county board of legislators or other such

governing body, together with a recommendation for funding of the

activity if deemed appropriate.

(c) Cooperate with and assist local officials within the county in the

formulation and execution of alcohol traffic safety programs including

enforcement, adjudication, rehabilitation and education.

(d) Study alcohol traffic safety problems with the county and

recommend to the appropriate legislative bodies, departments or

commissions, such changes in rules, orders, regulations and existing law

as the coordinator may deem advisable.

(e) Promote alcohol and drug-related traffic safety education for

drivers.

(f) Obtain and assemble data on alcohol-related accident arrests,

convictions and accidents and to analyze, study, and consolidate such

data for educational, research and informational purposes.

6. County purpose and charge. The provisions of this section and

expenditures made hereunder shall be deemed a county purpose and charge.

7. Program approval. The program, including a proposed operational

budget, shall be submitted by each county coordinator to the

commissioner for approval. The commissioner shall consider the following

before approving said program:

(a) The interrelationship of such program with existing drunk driving

related programs in areas including, but not limited to, law

enforcement, prosecution, adjudication and education.

(b) Avoidance of duplication of existing programs funded or operated

by either the state or any municipality including, but not limited to,

the alcohol and drug rehabilitation program, established under section

eleven hundred ninety-six of this article.

(c) All other factors which the commissioner shall deem necessary.

8. Duties of the commissioner. (a) The commissioner shall compile the

reports submitted by the county coordinators and shall issue a

comprehensive report on such programs to the governor and to the

legislature.

(b) The commissioner shall monitor all programs to ensure satisfactory

implementation in conjunction with the established program application

goals.

9. Program cessation. When a participating county wishes to cease its

program, the coordinator shall notify the commissioner in writing of the

date of termination and all money remaining in the fund established by

that county pursuant to subdivision one of this section on such date

shall be transferred to the general fund of the state treasury. All

fines and forfeitures collected pursuant to the provisions of this

section on and after the termination date shall be disposed of in

accordance with subdivision one of section eighteen hundred three of

this chapter.

10. Program audit. The comptroller is authorized to conduct audits of

any program established pursuant to this section for the purposes of

determining compliance with the provisions of this section and with

generally accepted accounting principles.