2006 New York Code - 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, 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. 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.
    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, 2007