* § 1809-a. Mandatory surcharge required in certain cities for\nparking, stopping and standing violations.
1.The provisions of any\nother general or special law notwithstanding, whenever, in a city having\na population of one hundred thousand or more according to the nineteen\nhundred eighty United States census, proceedings in an administrative\ntribunal or a court result in a finding of liability, or conviction for\nthe violation of any statute, local law, ordinance or rule involving the\nparking, stopping or standing of a motor vehicle, except an adjudication\nof liability of an owner for a violation of bus operation-related\ntraffic regulations as defined by article twenty-four of this chapter\nimposed pursuant to a demonstration program imposing monetary liability\non the owner of
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* § 1809-a. Mandatory surcharge required in certain cities for\nparking, stopping and standing violations. 1. The provisions of any\nother general or special law notwithstanding, whenever, in a city having\na population of one hundred thousand or more according to the nineteen\nhundred eighty United States census, proceedings in an administrative\ntribunal or a court result in a finding of liability, or conviction for\nthe violation of any statute, local law, ordinance or rule involving the\nparking, stopping or standing of a motor vehicle, except an adjudication\nof liability of an owner for a violation of bus operation-related\ntraffic regulations as defined by article twenty-four of this chapter\nimposed pursuant to a demonstration program imposing monetary liability\non the owner of a vehicle for failure of an operator thereof to comply\nwith such bus operation-related traffic regulations through the\ninstallation and operation of bus operation-related photo devices, in\naccordance with article twenty-four of this chapter, there shall be\nlevied a mandatory surcharge in addition to any other sentence, fine or\npenalty otherwise permitted or required, in the amount of fifteen\ndollars. Such surcharge shall not be deemed a monetary penalty for the\npurposes of section two hundred thirty-seven of this chapter or section\n19-203 of the administrative code of the city of New York.\n 2. The mandatory surcharge provided for in subdivision one of this\nsection shall be paid to the clerk of the court or administrative\ntribunal that made the determination of liability. (a) Except as\nprovided in paragraph (b) of this subdivision within the first ten days\nof the month next succeeding the collection of such surcharge, the\ncollecting authority shall pay seven dollars and fifty cents of each\nsurcharge to the justice court fund held by the state comptroller\npursuant to section ninety-nine-a of the state finance law which monies\nshall then be deposited to the credit of the general fund. Each such\npayment shall be accompanied by a true and complete report in such form\nand detail as the comptroller shall prescribe. The remaining amount of\nthe surcharge shall be paid to the chief fiscal officer of the\nmunicipality and used by the municipality from which it originated for\nits local criminal justice programs and purposes.\n (b) Within the first ten days of the month next succeeding the\ncollection of such surcharge, the collecting authority in cities having\na population of one hundred thousand or more but less than one million\nshall pay such surcharge to the chief fiscal officer of the municipality\nand such surcharge shall be used by the municipality from which it\noriginated for its local criminal justice programs and purposes.\n 3. 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 written application to the collecting authority. The collecting\nauthority shall require such proof as is necessary in order to determine\nwhether a refund is required by law. If the collecting authority shall\nrefund any portion of the surcharge previously paid to the justice court\nfund pursuant to subdivision two of this section, the collecting\nauthority may offset an equal amount from a subsequent remittance to the\njustice court fund, provided, however, that the collecting authority\nshall prepare such reports and provide such information with respect to\nsuch refunds as the comptroller shall direct, and provided, further,\nthat the comptroller, upon review of such reports and information, may\ndirect that any appropriate adjustments be made in future payments to\nthe justice court fund pursuant to subdivision two of this section.\n 4. Notwithstanding any other provision of this section, where a\nmandatory surcharge is imposed pursuant to the provisions of section\n60.35 of the penal law or section eighteen hundred nine or eighteen\nhundred nine-b of this article, no mandatory surcharge shall be imposed\npursuant to the provisions of this section.\n * NB Repealed September 1, 2027\n