2023 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 › 1803 - Disposition of Fines and Forfeitures.

§ 1803. Disposition  of  fines and forfeitures. 1. Except as otherwise
  provided in subdivision five of section two hundred twenty-seven of this
  chapter and as provided in section eleven hundred ninety-seven  of  this
  chapter, section ninety of the state finance law and sections fourteen-f
  and one hundred forty of the transportation law, all fines and penalties
  collected  under  a sentence or judgment of conviction of a violation of
  this chapter or of any act relating to the  use  of  highways  by  motor
  vehicles  or  trailers,  now  in  force  or  hereafter enacted, shall be
  distributed in the following manner:
a. for a violation which occurs in a city, town or suburban town,  any
  fine  or  penalty  shall  be  paid to the city, town or suburban town in
  which the violation occurs, when such violation is of  (1)  any  of  the
  provisions  of  title seven of this chapter, but including violations of
  section eleven hundred eighty only when occurring  in  state  parks  for
  which  the  office  of  parks,  recreation and historic preservation has
  established maximum speed limits pursuant  to  section  sixteen  hundred
  thirty  and  the  violations  could  have been charged under either such
  established maximum speed limits or another section of this chapter, and
  when involving maximum speed  limits  established  pursuant  to  section
  sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred
  sixty-two-a, sixteen hundred sixty-three or sixteen hundred seventy, and
  excluding  violations  of  sections  eleven  hundred  eighty-two, eleven
  hundred ninety-two and twelve hundred twelve of this chapter, or (2) any
  ordinance, order, rule or regulation adopted pursuant to  article  two-E
  of  the  transportation  law  or  section sixteen hundred thirty of this
  chapter by the East Hudson Parkway Authority or by its successor, or the
  County of Westchester Department of Parks, Recreation and  Conservation,
  or  the state office of parks, recreation and historic preservation. For
  purposes of this paragraph, violations shall be deemed to be  violations
  of  any  such  ordinance,  order,  rule or regulation when they occur on
  highways under the jurisdiction  of  the  enumerated  entities  and  the
  violations  could  have been charged under either such ordinance, order,
  rule or regulation or another section of this chapter.
b. for a violation which occurs in a village in which  the  office  of
  village justice is established, any fine or penalty shall be paid to the
  village in which the violation occurs, when such violation is of (1) any
  of  the  provisions  of  title  seven  of  this  chapter,  but including
  violations of section eleven hundred eighty only when occurring in state
  parks  for  which  the  office  of  parks,   recreation   and   historic
  preservation  has  established  maximum speed limits pursuant to section
  sixteen hundred thirty and the violations could have been charged  under
  either  such established maximum speed limits or another section of this
  chapter, and when involving maximum speed limits established pursuant to
  section sixteen  hundred  forty-three,  sixteen  hundred  forty-four  or
  sixteen  hundred  seventy,  and  excluding violations of sections eleven
  hundred eighty-two, eleven hundred ninety-two and twelve hundred  twelve
  of this chapter, or (2) any ordinance, order, rule or regulation adopted
  pursuant  to  article two-E of the transportation law or section sixteen
  hundred thirty of this chapter by the East Hudson Parkway  Authority  or
  by  its  successor,  or  the  County of Westchester Department of Parks,
  Recreation and Conservation, or the state office  of  parks,  recreation
  and  historic  preservation.  For purposes of this paragraph, violations
  shall be deemed to be violations of any such ordinance, order,  rule  or
  regulation  when  they  occur  on highways under the jurisdiction of the
  enumerated entities and the violations could  have  been  charged  under
  either  such ordinance, order, rule or regulation, or another section of
  this  chapter.  Notwithstanding  the  foregoing   provisions   of   this
  paragraph,  all  fines,  penalties  and  forfeitures  for violation of a

  village ordinance, local law  or  regulation  adopted  pursuant  to  the
  authorization  of  paragraph  six  of subdivision (a) of section sixteen
  hundred forty of this chapter prohibiting, restricting or  limiting  the
  stopping,  standing or parking of vehicles shall be paid to such village
  whether or not  the  village  has  established  the  office  of  village
  justice.
c.  for  compliance  with  or  violations  of  subdivision nineteen of
  section three hundred eighty-five of this chapter,  notwithstanding  any
  inconsistent  provision  of law, except as provided in section ninety of
  the state finance law,  the  fees  and  fines  collected  by  the  state
  pursuant to sections two hundred twenty-seven, three hundred eighty-five
  and  eighteen hundred three of this chapter and section ninety-nine-a of
  the state finance law, shall be made available to the state  comptroller
  for  deposit  in  the  general fund except that fines collected within a
  city not wholly included within one county shall be paid to such city in
  accordance with the procedures set forth in subdivision four of  section
  two  hundred  twenty-seven  of this chapter for deposit into the general
  fund of such city.
d. for violations of section  eleven  hundred  eighty  which  are  not
  included  in  paragraph a or paragraph b of this subdivision, violations
  of sections eleven hundred eighty-two, eleven hundred ninety-two, except
  in those counties adopting a special traffic option program for  driving
  while  intoxicated  pursuant  to  section eleven hundred ninety-seven of
  this chapter, and section twelve hundred twelve  of  this  chapter,  and
  violations of this chapter or of any act relating to the use of highways
  by  motor  vehicles  or trailers, now in force or hereafter enacted, for
  which no other distribution is  prescribed,  all  fines,  penalties  and
  forfeitures shall be paid to the state.
e.  for a violation which occurs within a county which has established
  a traffic and  parking  violations  agency  pursuant  to  section  three
  hundred  seventy  of  the  general  municipal  law,  other than parking,
  standing or stopping violations except for those set  forth  in  section
  four  hundred two of this chapter, and which violation is disposed of by
  such agency, any fine or penalty shall be paid to the  county  in  which
  the violation occurs, when such violation is of any of the provisions of
  title  seven of this chapter, but including violations of section eleven
  hundred eighty of this chapter only when involving maximum speed  limits
  in  state  parks  established  by  the  office  of parks, recreation and
  historic preservation pursuant to section sixteen hundred thirty of this
  chapter and when involving maximum speed limits established pursuant  to
  section sixteen hundred forty-three, sixteen hundred forty-four, sixteen
  hundred  sixty-two-a,  sixteen  hundred  sixty-three  or sixteen hundred
  seventy of this chapter, and excluding  violations  of  sections  eleven
  hundred  eighty-two, eleven hundred ninety-two and twelve hundred twelve
  of this chapter.
2. Whenever a defendant is arrested and arraigned  before  a  judicial
  officer  authorized  to conduct any proceedings in or in connection with
  any prosecution triable in any local court of inferior jurisdiction of a
  city or before a town court, or a village court on a charge in which the
  state is entitled to  all  fines  and  penalties  under  a  sentence  or
  judgment  of  conviction such city, town or village shall be entitled to
  receive the fees set forth  in  section  ninety-nine-l  of  the  general
  municipal law and such fees shall be a state charge and paid as provided
  in section ninety-nine-a of the state finance law.
* 3.  All  fines,  penalties  and  forfeitures paid to a city, town or
  village pursuant to the provisions of paragraph a of subdivision one  of
  this  section  and  subdivision ten of this section shall be credited to
  the general fund of such city,  town  or  village,  unless  a  different

  disposition  is  prescribed  by  charter,  special  law,  local  law  or
  ordinance.
* NB Effective until December 1, 2029
* 3.  All  fines,  penalties  and  forfeitures paid to a city, town or
  village pursuant to the provisions of paragraph a of subdivision one  of
  this section shall be credited to the general fund of such city, town or
  village,  unless  a  different  disposition  is  prescribed  by charter,
  special law, local law or ordinance.
* NB Effective December 1, 2029
4. All fines, penalties and forfeitures  collected  in  a  city,  upon
  conviction  or  upon  forfeiture  of  bail  by any person charged with a
  violation  of  any  local  law,  ordinance,  order,  rule,   regulation,
  administrative  code  provision  or  sanitary  or  health code provision
  adopted or continued pursuant to this chapter, shall be paid to the city
  and credited to its general fund,  unless  a  different  disposition  is
  prescribed by charter, special law, local law or ordinance.
5.  All  fines,  penalties  and  forfeitures for violations of section
  eleven hundred eighty of this chapter, which  relate  to  maximum  speed
  limits  established  by  a  village pursuant to sections sixteen hundred
  forty-three and  sixteen  hundred  forty-four  or  by  a  suburban  town
  pursuant to section sixteen hundred sixty-two-a of this chapter, and all
  bail  forfeited  by  the  non-appearance of defendants charged with such
  violations shall be paid over to the state  comptroller  by  the  court,
  justice  or  other officer collecting the same within the first ten days
  of the month following the collection, except as otherwise  provided  by
  subdivision  three  of  section  ninety-nine-a of the state finance law.
  Whenever  such  fines,  penalties  and   forfeitures,   including   bail
  forfeited,  in  any year commencing July first shall aggregate in excess
  of five dollars for each inhabitant of the village or suburban town,  as
  the  case  may  be, according to the last preceding federal census, such
  excess shall be the property of the state and shall  be  paid  into  the
  general fund of the state treasury.
6.  The  comptroller from the moneys received pursuant to this section
  shall, within six years  from  the  receipt  thereof,  refund  any  fine
  received  pursuant  to  this  section which was imposed by a judgment of
  conviction that has been reversed and any fine,  penalty  or  forfeiture
  received  by  the comptroller, payment of which was not required by this
  section. In any action by the state  to  recover  fines,  penalties,  or
  forfeitures collected more than six years before the commencement of the
  action, the defendant shall be entitled to set off a claim for refund of
  any  such  item  paid  to  the  state during the ten years preceding the
  commencement of the action.
8. All fines, penalties and forfeitures referred to in subdivision one
  of this section, except fines, penalties and  forfeitures  paid  to  the
  commissioner  of taxation and finance as required by section thirty-nine
  of the judiciary law, and except as otherwise  provided  in  subdivision
  three  of  section ninety-nine-a of the state finance law, shall be paid
  to the state comptroller  by  the  court,  judge,  magistrate  or  other
  officer  within  the  first  ten days of the month following collection.
  Every such  payment  to  the  comptroller  shall  be  accompanied  by  a
  statement in such form and detail as the comptroller shall prescribe.
9. a. Where a county establishes a special traffic options program for
  driving  while  intoxicated,  approved  by the commissioner, pursuant to
  section  eleven  hundred  ninety-seven  of  this  chapter,  all   fines,
  penalties  and  forfeitures: (1) imposed and collected 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 and collected in  accordance

  with  section eleven hundred ninety-three of this chapter for violations
  of section eleven hundred ninety-two of this chapter; (3)  collected  by
  any  court, judge, magistrate or other officer 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;  and  (4)  civil  penalties  imposed
  pursuant  to  subdivision two of section eleven hundred ninety-four-a of
  this chapter, shall be paid to such county. In addition, any  surcharges
  imposed  pursuant  to section eighteen hundred nine-c and paragraph b of
  subdivision one of section eighteen hundred nine-e of this chapter shall
  be paid to such county in such manner and for such purposes as  provided
  for in section eleven hundred ninety-seven of this chapter.
b.  Any  such  fine,  penalty,  or  forfeiture collected by any court,
  judge, magistrate or other officer referred to  in  subdivision  one  of
  section  thirty-nine  of the judiciary law, establishing a unified court
  budget, shall be paid to that county within the first ten  days  of  the
  month following collection.
c. Any such fine, penalty, or forfeiture collected by any other court,
  judge,  magistrate  or  other  officer,  including, where appropriate, a
  hearing officer acting on behalf of the commissioner, shall be  paid  to
  the  state  comptroller within the first ten days of the month following
  collection. Every such payment to the comptroller shall  be  accompanied
  by a statement in such form and detail as the comptroller shall provide.
  The  comptroller  shall  pay  these  funds  to  the  county in which the
  violation occurs.
d. Upon receipt of any monies referred to in this section, the  county
  shall  deposit  them  in  a  separate  account entitled "special traffic
  options program for driving while intoxicated".
* 10. Except as otherwise provided in paragraph e of  subdivision  one
  of  this section, where a county has established a demonstration program
  imposing monetary liability on the owner of a vehicle for failure of  an
  operator  thereof  to comply with section eleven hundred seventy-four of
  this chapter in accordance with section eleven hundred seventy-four-a of
  this  chapter,  any  fine  or  penalty  collected  by  a  court,  judge,
  magistrate  or other officer for an imposition of liability which occurs
  within such county pursuant to such program shall be paid to  the  state
  comptroller within the first ten days of the month following collection.
  Every  such payment shall be accompanied by a statement in such form and
  detail as the comptroller  shall  provide.  The  comptroller  shall  pay
  ninety percent of any such fine or penalty imposed for such liability to
  the county in which the violation giving rise to the liability occurred,
  and ten percent of any such fine or penalty to the city, town or village
  in which the violation giving rise to the liability occurred.
* NB Repealed December 1, 2029
* 11.  Where  the  commissioner  of  transportation  has established a
  demonstration program imposing monetary liability  on  the  owner  of  a
  vehicle  for  failure  of an operator thereof to comply with subdivision
  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
  accordance with section eleven hundred eighty-e  of  this  chapter,  any
  fine or penalty collected by a court, judge, magistrate or other officer
  for  an  imposition  of  liability which occurs pursuant to such program
  shall be paid to the state comptroller within the first ten days of  the
  month  following collection, except as otherwise provided in subdivision

  three of section ninety-nine-a of the  state  finance  law.  Every  such
  payment  shall  be accompanied by a statement in such form and detail as
  the  comptroller  shall  provide.  Notwithstanding  the  provisions   of
  subdivision  five  of  this  section, eighty percent of any such fine or
  penalty imposed for such liability shall be paid to  the  general  fund,
  and  twenty  percent  of  any  such fine or penalty shall be paid to the
  city, town or  village  in  which  the  violation  giving  rise  to  the
  liability  occurred,  provided,  however,  that within a county that has
  established a traffic and parking violations agency pursuant to  section
  three hundred seventy of the general municipal law and such liability is
  disposed  of  by such agency, eighty percent of any such fine or penalty
  imposed for such liability shall be paid to the general fund, and twenty
  percent of any such fine or penalty shall be paid to the county in which
  the violation giving rise to the liability occurred. With respect to the
  percentage of fines or penalties paid to the general fund, no less  than
  sixty  percent  shall  be dedicated to department of transportation work
  zone  safety  projects  after  deducting  the  expenses   necessary   to
  administer  such  demonstration  program,  provided,  however, that such
  funds provided pursuant to this subdivision  shall  be  payable  on  the
  audit  and  warrant  of  the  comptroller  and  shall  only  be  used to
  supplement and not supplant current expenditures of state funds on  work
  zone  safety  projects. For the purposes of this subdivision, "work zone
  safety projects" shall apply to work zones under the jurisdiction of the
  department of transportation and shall include, but not be  limited  to,
  inspection  and implementation of work zone design, maintenance, traffic
  plans  and  markings,  worker  safety  training,  contractor   outreach,
  enforcement  efforts,  radar  speed  display  signs at major active work
  zones and police presence at major active work  zones,  as  provided  in
  section  twenty-two  of the transportation law. All fines, penalties and
  forfeitures paid to a county, city, town  or  village  pursuant  to  the
  provisions  of this subdivision shall be credited to the general fund of
  such county, city, town or village, unless a  different  disposition  is
  prescribed by charter, special law, local law or ordinance.
* NB Repealed October 6, 2026
* 12.  Where  the  chair  of  the New York state thruway authority has
  established a demonstration program imposing monetary liability  on  the
  owner  of  a  vehicle  for failure of an operator thereof to comply with
  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
  this  chapter in accordance with section eleven hundred eighty-e of this
  chapter, any fine or penalty collected by a court, judge, magistrate  or
  other  officer  for  an imposition of liability which occurs pursuant to
  such program shall be paid to the state comptroller within the first ten
  days of the month following collection, except as otherwise provided  in
  subdivision  three  of  section  ninety-nine-a of the state finance law.
  Every such payment shall be accompanied by a statement in such form  and
  detail  as the comptroller shall provide. Notwithstanding the provisions
  of subdivision five of this section, eighty percent of any such fine  or
  penalty  imposed  for  such  liability  shall  be  paid  to  the thruway
  authority, and twenty percent of any such fine or penalty shall be  paid
  to  the  city, town or village in which the violation giving rise to the
  liability occurred, provided, however, that within  a  county  that  has
  established  a traffic and parking violations agency pursuant to section
  three hundred seventy of the general municipal law and such liability is
  disposed of by such agency, eighty percent of any such fine  or  penalty
  imposed  for  such liability shall be paid to the thruway authority, and
  twenty percent of any such fine or penalty shall be paid to  the  county
  in  which  the  violation  giving  rise  to the liability occurred. With
  respect to the percentage of fines or  penalties  paid  to  the  thruway

  authority,  no  less  than  sixty  percent shall be dedicated to thruway
  authority  work  zone  safety  projects  after  deducting  the  expenses
  necessary  to  administer such demonstration program, provided, however,
  that  such  funds provided pursuant to this subdivision shall be payable
  on the audit and warrant of the comptroller and shall only  be  used  to
  supplement  and not supplant current expenditures of state funds on work
  zone safety projects. For the purposes of this subdivision,  "work  zone
  safety projects" shall apply to work zones under the jurisdiction of the
  thruway  authority  and shall include, but not be limited to, inspection
  and implementation of work zone design, maintenance, traffic  plans  and
  markings,  worker  safety  training,  contractor  outreach,  enforcement
  efforts, radar speed display signs at major active work zones and police
  presence at major active work zones, as provided in  section  twenty-two
  of  the  transportation  law.  For the purposes of this subdivision, the
  term  "thruway  authority"  shall  mean  the  New  York  state   thruway
  authority,   a   body   corporate  and  politic  constituting  a  public
  corporation created and constituted pursuant to title  nine  of  article
  two  of the public authorities law. All fines, penalties and forfeitures
  paid to a county, city, town or village pursuant to  the  provisions  of
  this  subdivision  shall be credited to the general fund of such county,
  city, town or village, unless a different disposition is  prescribed  by
  charter, special law, local law or ordinance.
* NB Repealed October 6, 2026
* 13.  Where the county of Westchester has established a demonstration
  program imposing monetary liability  on  the  owner  of  a  vehicle  for
  failure of an operator thereof to comply with subdivision (d) of section
  eleven  hundred eleven of this chapter in accordance with section eleven
  hundred eleven-g of this chapter, any fine or  penalty  collected  by  a
  court, judge, magistrate or other officer for an imposition of liability
  which  occurs within a city, town or village within such county pursuant
  to such program shall be paid to the state comptroller within the  first
  ten days of the month following collection, except as otherwise provided
  in  subdivision three of section ninety-nine-a of the state finance law.
  Every such payment shall be accompanied by a statement in such form  and
  detail  as  the  comptroller  shall  provide.  The comptroller shall pay
  eighty percent of any such fine or penalty imposed for such liability to
  the county of Westchester, and  twenty  percent  of  any  such  fine  or
  penalty  to the city, town or village in which the violation giving rise
  to the liability occurred. All fines, penalties and forfeitures paid  to
  a  city,  town or village pursuant to the provisions of this subdivision
  shall be credited to the general fund of such  city,  town  or  village,
  unless  a  different  disposition is prescribed by charter, special law,
  local law or ordinance.
* NB Repealed December 1, 2027