§ 1197 — Special traffic options program for driving while intoxicated

New York § 1197

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 7: Rules of the Road
• Art. 31: Alcohol and Drug-related Offenses and Procedures Applicable Thereto

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§ 1197. Special traffic options program for driving while intoxicated.\n"The program", as used in this section, shall mean the special traffic\noptions program for driving while intoxicated, a program established\npursuant to this section, and approved by the commissioner of motor\nvehicles. 1. Program establishment. (a) Where a county establishes a\nspecial traffic options program for driving while intoxicated, pursuant\nto this section, it shall receive fines and forfeitures collected by any\ncourt, judge, magistrate or other officer within that county, including,\nwhere appropriate, a hearing officer acting on behalf of the\ncommissioner: (1) imposed for violations of subparagraphs (ii) and (iii)\nof paragraph (a) of subdivision two or subparagraph (i) of paragraph (a)\nof subdivision three of section five hundred eleven of this chapter; (2)\nimposed in accordance with the provisions of section eleven hundred\nninety-three and civil penalties imposed pursuant to subdivision two of\nsection eleven hundred ninety-four-a of this article, including, where\nappropriate, a hearing officer acting on behalf of the commissioner,\nfrom violations of sections eleven hundred ninety-two, eleven hundred\nninety-two-a and findings made under section eleven hundred\nninety-four-a of this article; and (3) imposed upon a conviction for:\naggravated vehicular assault, pursuant to section 120.04-a of the penal\nlaw; vehicular assault in the first degree, pursuant to section 120.04\nof the penal law; vehicular assault in the second degree, pursuant to\nsection 120.03 of the penal law; aggravated vehicular homicide, pursuant\nto section 125.14 of the penal law; vehicular manslaughter in the first\ndegree, pursuant to section 125.13 of the penal law; and vehicular\nmanslaughter in the second degree, pursuant to section 125.12 of the\npenal law, as provided in section eighteen hundred three of this\nchapter. In addition, any surcharges imposed pursuant to section\neighteen hundred nine-c and paragraph b of subdivision one of section\neighteen hundred nine-e of this chapter shall be paid to such county in\nsuch manner and for such purposes as provided for in this section. Upon\nreceipt of these moneys, the county shall deposit them in a separate\naccount entitled "special traffic options program for driving while\nintoxicated" and they shall be under the exclusive care, custody and\ncontrol of the chief fiscal officer of each county participating in the\nprogram.\n (b) Expenditures from such account shall only be made pursuant to the\napproval of a county program by the commissioner of motor vehicles. The\nchief fiscal officer of each participating county shall, on a quarterly\nbasis, forward to the commissioner a written certificate of moneys\nexpended from such account.\n 2. Program organization. (a) Where a program is established by a\ncounty, it shall be organized by a coordinator for the special traffic\noptions program for driving while intoxicated, who shall be designated\nby the chief executive officer of the county, if there be one, otherwise\nthe chairman of the governing board of the county, or in the city of New\nYork, a person designated by the mayor thereof. Where a coordinator is\ndesignated, the coordinator shall receive such salary and expenses as\nthe board of legislators or other governing body of such county may fix\nand properly account for such expenses and shall serve at the pleasure\nof such appointing body or officer.\n (b) In counties having a county traffic safety board, the chief\nexecutive officer, if there be one, otherwise the chairman of the\ngoverning board of the county or the mayor of the city of New York, may\ndesignate the chairman of the board or a member thereof as coordinator\nof the program.\n 3. Purposes. (a) The program shall provide a plan for coordination of\ncounty, town, city and village efforts to reduce alcohol-related traffic\ninjuries and fatalities.\n (b) The program shall, where approved by the county board or other\ngoverning body, provide funding for such activities as the board or\nother body may approve, for the above-described purposes.\n 4. Duties of the coordinator; reports. (a) It shall be the duty of the\ncoordinator to:\n (1) Render annually or at the request of the county legislature or\nother governing body of the county, a verified account of all moneys\nreceived and expended by the coordinator or under the coordinator's\ndirection and an account of other pertinent matters.\n (2) Submit annually or upon request of the chief fiscal officer of\neach county participating in the program, in such manner as may be\nrequired by law, an estimate of the funds required to carry out the\npurposes of this section.\n (3) Make an annual report to the commissioner, which shall be due on\nor before the first day of April of each year following the\nimplementation of said program, and shall include the following:\n a. the progress, problems and other matters related to the\nadministration of said program; and\n b. an assessment of the effectiveness of the program within the\ngeographic area of the county participating therein and any and all\nrecommendations for expanding and improving said program.\n (b) Any annual report shall also contain the following, in a form\nprescribed by the commissioner:\n (1) Number of arrests for violations of section eleven hundred\nninety-two of this article and subdivision two of section five hundred\neleven of this chapter;\n (2) Number and description of dispositions resulting therefrom;\n (3) Number of suspensions issued in the county for alleged refusals to\nsubmit to chemical tests;\n (4) Total fine moneys returned to the participating county in\nconnection with the program;\n (5) Contemplated programs;\n (6) Distribution of moneys in connection with program adminstration;\n (7) Any other information required by the commissioner.\n 5. Functions of the coordinator. In addition to the duties of the\ncoordinator as provided in subdivision four of this section, the\ncoordinator shall perform the following functions:\n (a) Formulate a special traffic options program for driving while\nintoxicated and coordinate efforts of interested parties and agencies\nengaged in alcohol traffic safety, law enforcement, adjudication,\nrehabilitation and preventive education.\n (b) Receive proposals from county, town, city or village agencies or\nnon-governmental groups for activities related to alcohol traffic safety\nand to submit them to the county board of legislators or other such\ngoverning body, together with a recommendation for funding of the\nactivity if deemed appropriate.\n (c) Cooperate with and assist local officials within the county in the\nformulation and execution of alcohol traffic safety programs including\nenforcement, adjudication, rehabilitation and education.\n (d) Study alcohol traffic safety problems with the county and\nrecommend to the appropriate legislative bodies, departments or\ncommissions, such changes in rules, orders, regulations and existing law\nas the coordinator may deem advisable.\n (e) Promote alcohol and drug-related traffic safety education for\ndrivers.\n (f) Obtain and assemble data on alcohol-related accident arrests,\nconvictions and accidents and to analyze, study, and consolidate such\ndata for educational, research and informational purposes.\n 6. County purpose and charge. The provisions of this section and\nexpenditures made hereunder shall be deemed a county purpose and charge.\n 7. Program approval. The program, including a proposed operational\nbudget, shall be submitted by each county coordinator to the\ncommissioner for approval. The commissioner shall consider the following\nbefore approving said program:\n (a) The interrelationship of such program with existing drunk driving\nrelated programs in areas including, but not limited to, law\nenforcement, prosecution, adjudication and education.\n (b) Avoidance of duplication of existing programs funded or operated\nby either the state or any municipality including, but not limited to,\nthe alcohol and drug rehabilitation program, established under section\neleven hundred ninety-six of this article.\n (c) All other factors which the commissioner shall deem necessary.\n 8. Duties of the commissioner. (a) The commissioner shall compile the\nreports submitted by the county coordinators and shall issue a\ncomprehensive report on such programs to the governor and to the\nlegislature.\n (b) The commissioner shall monitor all programs to ensure satisfactory\nimplementation in conjunction with the established program application\ngoals.\n 9. Program cessation. When a participating county wishes to cease its\nprogram, the coordinator shall notify the commissioner in writing of the\ndate of termination and all money remaining in the fund established by\nthat county pursuant to subdivision one of this section on such date\nshall be transferred to the general fund of the state treasury. All\nfines and forfeitures collected pursuant to the provisions of this\nsection on and after the termination date shall be disposed of in\naccordance with subdivision one of section eighteen hundred three of\nthis chapter.\n 10. Program audit. The comptroller is authorized to conduct audits of\nany program established pursuant to this section for the purposes of\ndetermining compliance with the provisions of this section and with\ngenerally accepted accounting principles.\n