2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 31 - (1192 - 1199) ALCOHOL AND DRUG-RELATED OFFENSES AND PROCEDURES APPLICABLE THERETO
1197 - Special traffic options program for driving while intoxicated.

 
    § 1197. Special traffic options program for driving while intoxicated.
  "The  program",  as used in this section, shall mean the special traffic
  options program for driving while  intoxicated,  a  program  established
  pursuant  to  this  section,  and  approved by the commissioner of motor
  vehicles. 1. Program establishment. (a) Where  a  county  establishes  a
  special  traffic options program for driving while intoxicated, pursuant
  to this section, it shall receive fines and forfeitures collected by any
  court, judge, magistrate or other officer within that county, including,
  where  appropriate,  a  hearing  officer  acting  on   behalf   of   the
  commissioner,:  (1)  imposed  for  violations  of subparagraphs (ii) and
  (iii) of paragraph  (a)  of  subdivision  two  or  subparagraph  (i)  of
  paragraph  (a)  of  subdivision  three of section five hundred eleven of
  this chapter; (2) imposed in accordance with the provisions  of  section
  eleven  hundred  ninety-three  and  civil  penalties imposed pursuant to
  subdivision two of section eleven hundred ninety-four-a of this article,
  including, where appropriate, a hearing officer acting on behalf of  the
  commissioner,  from  violations  of  sections eleven hundred ninety-two,
  eleven hundred ninety-two-a  and  findings  made  under  section  eleven
  hundred ninety-four-a of this article; and (3) imposed upon a conviction
  for:  aggravated  vehicular assault, pursuant to section 120.04-a of the
  penal law; vehicular assault in the first degree,  pursuant  to  section
  120.04  of  the  penal  law;  vehicular  assault  in  the second degree,
  pursuant to section  120.03  of  the  penal  law;  aggravated  vehicular
  homicide,  pursuant  to  section  125.14  of  the  penal  law; vehicular
  manslaughter in the first degree, pursuant  to  section  125.13  of  the
  penal  law; and vehicular manslaughter in the second degree, pursuant to
  section 125.12 of the penal law, as provided in section eighteen hundred
  three of this chapter. Upon receipt of these moneys,  the  county  shall
  deposit  them  in  a  separate account entitled "special traffic options
  program for driving while intoxicated"  and  they  shall  be  under  the
  exclusive  care, custody and control of the chief fiscal officer of each
  county participating in the program.
    (b) Expenditures from such account shall only be made pursuant to  the
  approval  of a county program by the commissioner of motor vehicles. The
  chief fiscal officer of each participating county shall, on a  quarterly
  basis,  forward  to  the  commissioner  a  written certificate of moneys
  expended from such account.
    2. Program organization. (a) Where  a  program  is  established  by  a
  county,  it  shall be organized by a coordinator for the special traffic
  options program for driving while intoxicated, who shall  be  designated
  by the chief executive officer of the county, if there be one, otherwise
  the chairman of the governing board of the county, or in the city of New
  York,  a  person designated by the mayor thereof. Where a coordinator is
  designated, the coordinator shall receive such salary  and  expenses  as
  the  board of legislators or other governing body of such county may fix
  and properly account for such expenses and shall serve at  the  pleasure
  of such appointing body or officer.
    (b)  In  counties  having  a  county  traffic  safety board, the chief
  executive officer, if there  be  one,  otherwise  the  chairman  of  the
  governing  board of the county or the mayor of the city of New York, may
  designate the chairman of the board or a member thereof  as  coordinator
  of the program.
    3.  Purposes. (a) The program shall provide a plan for coordination of
  county, town, city and village efforts to reduce alcohol-related traffic
  injuries and fatalities.
    (b) The program shall, where approved by the  county  board  or  other
  governing  body,  provide  funding  for  such activities as the board or
  other body may approve, for the above-described purposes.

    4. Duties of the coordinator; reports. (a) It shall be the duty of the
  coordinator to:
    (1)  Render  annually  or  at the request of the county legislature or
  other governing body of the county, a verified  account  of  all  moneys
  received  and  expended  by  the  coordinator or under the coordinator's
  direction and an account of other pertinent matters.
    (2) Submit annually or upon request of the  chief  fiscal  officer  of
  each  county  participating  in  the  program,  in such manner as may be
  required by law, an estimate of the funds  required  to  carry  out  the
  purposes of this section.
    (3)  Make  an annual report to the commissioner, which shall be due on
  or  before  the  first  day  of  April  of  each  year   following   the
  implementation of said program, and shall include the following:
    a.   the   progress,   problems  and  other  matters  related  to  the
  administration of said program; and
    b. an assessment of  the  effectiveness  of  the  program  within  the
  geographic  area  of  the  county  participating therein and any and all
  recommendations for expanding and improving said program.
    (b) Any annual report shall also contain  the  following,  in  a  form
  prescribed by the commissioner:
    (1)  Number  of  arrests  for  violations  of  section  eleven hundred
  ninety-two of this article and subdivision two of section  five  hundred
  eleven of this chapter;
    (2) Number and description of dispositions resulting therefrom;
    (3) Number of suspensions issued in the county for alleged refusals to
  submit to chemical tests;
    (4)  Total  fine  moneys  returned  to  the  participating  county  in
  connection with the program;
    (5) Contemplated programs;
    (6) Distribution of moneys in connection with program adminstration;
    (7) Any other information required by the commissioner.
    5. Functions of the coordinator. In addition  to  the  duties  of  the
  coordinator  as  provided  in  subdivision  four  of  this  section, the
  coordinator shall perform the following functions:
    (a) Formulate a special traffic  options  program  for  driving  while
  intoxicated  and  coordinate  efforts of interested parties and agencies
  engaged  in  alcohol  traffic  safety,  law  enforcement,  adjudication,
  rehabilitation and preventive education.
    (b)  Receive  proposals from county, town, city or village agencies or
  non-governmental groups for activities related to alcohol traffic safety
  and to submit them to the county board  of  legislators  or  other  such
  governing  body,  together  with  a  recommendation  for  funding of the
  activity if deemed appropriate.
    (c) Cooperate with and assist local officials within the county in the
  formulation and execution of alcohol traffic safety  programs  including
  enforcement, adjudication, rehabilitation and education.
    (d)  Study  alcohol  traffic  safety  problems  with  the  county  and
  recommend  to  the  appropriate  legislative  bodies,   departments   or
  commissions, such changes in rules, orders, regulations and existing law
  as the coordinator may deem advisable.
    (e)  Promote  alcohol  and  drug-related  traffic safety education for
  drivers.
    (f) Obtain and assemble  data  on  alcohol-related  accident  arrests,
  convictions  and  accidents  and to analyze, study, and consolidate such
  data for educational, research and informational purposes.
    6. County purpose and charge.  The  provisions  of  this  section  and
  expenditures made hereunder shall be deemed a county purpose and charge.

    7.  Program  approval.  The  program, including a proposed operational
  budget,  shall  be  submitted  by  each  county   coordinator   to   the
  commissioner for approval. The commissioner shall consider the following
  before approving said program:
    (a)  The interrelationship of such program with existing drunk driving
  related  programs  in  areas  including,  but  not   limited   to,   law
  enforcement, prosecution, adjudication and education.
    (b)  Avoidance  of duplication of existing programs funded or operated
  by either the state or any municipality including, but not  limited  to,
  the  alcohol  and drug rehabilitation program, established under section
  eleven hundred ninety-six of this article.
    (c) All other factors which the commissioner shall deem necessary.
    8. Duties of the commissioner. (a) The commissioner shall compile  the
  reports   submitted  by  the  county  coordinators  and  shall  issue  a
  comprehensive report on  such  programs  to  the  governor  and  to  the
  legislature.
    (b) The commissioner shall monitor all programs to ensure satisfactory
  implementation  in  conjunction with the established program application
  goals.
    9. Program cessation. When a participating county wishes to cease  its
  program, the coordinator shall notify the commissioner in writing of the
  date  of  termination and all money remaining in the fund established by
  that county pursuant to subdivision one of this  section  on  such  date
  shall  be  transferred  to  the  general fund of the state treasury. All
  fines and forfeitures collected  pursuant  to  the  provisions  of  this
  section  on  and  after  the  termination  date  shall be disposed of in
  accordance with subdivision one of section  eighteen  hundred  three  of
  this chapter.
    10.  Program audit. The comptroller is authorized to conduct audits of
  any program established pursuant to this section  for  the  purposes  of
  determining  compliance  with  the  provisions  of this section and with
  generally accepted accounting principles.