2023 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.  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 this section.  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.