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 › 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, except an adjudication
of liability of an  owner  for  a  violation  of  bus  operation-related
traffic  regulations  as  defined by article twenty-four of this chapter
imposed pursuant to a demonstration program imposing monetary  liability
on  the  owner of a vehicle for failure of an operator thereof to comply
with  such  bus  operation-related  traffic  regulations   through   the
installation  and  operation  of bus operation-related photo devices, in
accordance with article twenty-four of  this  chapter,  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, 2025