§ 71-0213 — Mandatory surcharge

New York § 71-0213

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 2: General Law Enforcement Provisions
• Art. 71: Enforcement

Text

§ 71-0213. Mandatory surcharge.\n 1. Whenever proceedings result in a conviction for an offense under\nthis chapter there shall be levied, in addition to any sentence required\nor permitted by law, the following mandatory surcharges: (a) in the\namount of twenty-five dollars for violations of sportfishing regulations\nset forth in 6 NYCRR 10; (b) in the amount of seventy-five dollars for\nall other offenses under this chapter provided, however, that\nconvictions for offenses under articles seventeen, nineteen or\ntwenty-seven of this chapter shall be subject to a mandatory surcharge\nequal to the greater of seventy-five dollars or six percent of any\npenalty or fine imposed. The mandatory surcharge shall be paid to the\nclerk of the court who shall remit such mandatory surcharge to the state\ncomptroller provided, however, that in cases where the conviction was\nrendered by a town or a village justice court, the clerk of such court\nshall pay twenty-five dollars of such surcharge to the chief fiscal\nofficer of the town or village in the case of surcharges resulting from\nparagraph (b) of this subdivision and ten dollars in the case of\nsurcharges resulting from paragraph (a) of this subdivision and shall\npay the remaining amounts of such mandatory surcharges to the state\ncomptroller in the same manner as provided in section 71-0211 of this\narticle. The comptroller shall pay such monies into the state treasury\nto the credit of the general fund.\n 2. Any person who has paid a mandatory surcharge under the authority\nof this section which is ultimately determined not to be required by\nthis section shall be entitled to a refund of such mandatory surcharge\nupon application to the state comptroller. The state comptroller shall\nrequire such proof as is necessary to determine whether a refund is\nrequired by law.\n