NY Veh & Traf L § 1197 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 31 - 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.