2020 New York Laws
VAT - Vehicle and Traffic
Title 9 - Penalties and Disposition of Fines and Forfeitures
Article 45 - Penalties and Disposition of Fines and Forfeitures
1809-A - 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.  (a)  Except  as
provided  in paragraph (b) of this subdivision 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.

(b) Within the first ten days of the month next succeeding the collection of such surcharge, the collecting authority in cities having a population of one hundred thousand or more but less than one million shall pay such surcharge to the chief fiscal officer of the municipality and such surcharge shall be 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, 2021

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