N.Y. Vehicle & Traffic Law § 1809-a: Mandatory surcharge required in certain cities for parking, stopping and standing violations

* § 1809-a. Mandatory surcharge required in certain cities for

parking, stopping and standing violations. 1. The provisions of any

other general or special law notwithstanding, whenever, in a city having

a population of one hundred thousand or more according to the nineteen

hundred eighty United States census, proceedings in an administrative

tribunal or a court result in a finding of liability, or conviction for

the violation of any statute, local law, ordinance or rule involving the

parking, stopping or standing of a motor vehicle, except an adjudication

of liability of an owner for a violation of bus operation-related

traffic regulations as defined by article twenty-four of this chapter

imposed pursuant to a demonstration program imposing monetary liability

on the owner of a vehicle for failure of an operator thereof to comply

with such bus operation-related traffic regulations through the

installation and operation of bus operation-related photo devices, in

accordance with article twenty-four of this chapter, there shall be

levied a mandatory surcharge in addition to any other sentence, fine or

penalty otherwise permitted or required, in the amount of fifteen

dollars. Such surcharge shall not be deemed a monetary penalty for the

purposes of section two hundred thirty-seven of this chapter or section

19-203 of the administrative code of the city of New York.

2. The mandatory surcharge provided for in subdivision one of this

section shall be paid to the clerk of the court or administrative

tribunal that made the determination of liability. (a) Except as

provided in paragraph (b) of this subdivision within the first ten days

of the month next succeeding the collection of such surcharge, the

collecting authority shall pay seven dollars and fifty cents of each

surcharge to the justice court fund held by the state comptroller

pursuant to section ninety-nine-a of the state finance law which monies

shall then be deposited to the credit of the general fund. Each such

payment shall be accompanied by a true and complete report in such form

and detail as the comptroller shall prescribe. The remaining amount of

the surcharge shall be paid to the chief fiscal officer of the

municipality and used by the municipality from which it originated for

its local criminal justice programs and purposes.

(b) Within the first ten days of the month next succeeding the

collection of such surcharge, the collecting authority in cities having

a population of one hundred thousand or more but less than one million

shall pay such surcharge to the chief fiscal officer of the municipality

and such surcharge shall be used by the municipality from which it

originated for its local criminal justice programs and purposes.

3. 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 written application to the collecting authority. The collecting

authority shall require such proof as is necessary in order to determine

whether a refund is required by law. If the collecting authority shall

refund any portion of the surcharge previously paid to the justice court

fund pursuant to subdivision two of this section, the collecting

authority may offset an equal amount from a subsequent remittance to the

justice court fund, provided, however, that the collecting authority

shall prepare such reports and provide such information with respect to

such refunds as the comptroller shall direct, and provided, further,

that the comptroller, upon review of such reports and information, may

direct that any appropriate adjustments be made in future payments to

the justice court fund pursuant to subdivision two of this section.

4. 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 eighteen hundred nine or eighteen

hundred nine-b of this article, no mandatory surcharge shall be imposed

pursuant to the provisions of this section.

* NB Repealed September 1, 2027