N.Y. VAT. LAW § 1809-a : NY Code - Section 1809-A: Mandatory surcharge required in certain cities for parking, stopping and standing violations

Search N.Y. VAT. LAW § 1809-a : NY Code - Section 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, 2011