New York § 99-A - 99-AJustice court fund

§ 99-A. 99-AJustice court fund

§ 99-a. Justice court fund. 1. All moneys received by the comptroller pursuant to section twenty hundred twenty-one of the uniform justice court act, section twenty-seven of the town law, section 4-410 of the village law, section eighteen hundred and three of the vehicle and traffic law, section forty-five of the agriculture and markets law, sections 71-0211, 71-0507 and 71-0521 of the environmental conservation law, section fifty-two of the workers' compensation law, section 27.13 of the parks, recreation and historic preservation law, section two hundred one of the navigation law and pursuant to this section shall constitute a special fund to be held by the comptroller and to be known as the justice court fund. Notwithstanding any general, special or local law which provides for the direct payment of fines, penalties or forfeitures to a state or local governmental unit, official or agency, and except as provided in subdivision three of this section, all fines, penalties or forfeitures received by a town or village justice court shall be paid first to the state comptroller pursuant to this section and the other aforementioned sections of law whereupon the state comptroller shall distribute such moneys to the proper state or local governmental unit, official or fund pursuant to subdivision two of this section. The justice court fund shall be deposited to the credit of the comptroller in one or more state banks, trust companies or savings banks as may be designated by the comptroller at such rate of interest, if any, as from time to time may be agreed upon by the depositories and the comptroller. 2. The comptroller shall examine the reports accompanying the remittances and shall determine the amounts which shall be credited to or charged to the state, any special fund of the state, towns and villages on account of fines, penalties, forfeited bail, fees or costs, and shall on the last day of March, June, September and December of each year, or as soon as practical thereafter, state an account with the general fund of the state, the special funds of the state, towns and villages, and shall pay to the general fund of the state, the special funds of the state and towns and villages any balance to the credit thereof and shall demand and receive from any town or village the amount of any balance chargeable to such town or village. Such reports accompanying the remittances may be filed in paper form or by electronic transmission or in such other media form as the comptroller determines offers reasonably the same degree of accountability and control provided by the filing of a paper document. 3. The comptroller is hereby authorized to implement alternative procedures, including guidelines in conjunction therewith, relating to the remittance of fines, penalties, forfeitures and other moneys by town and village justice courts, and by the Nassau and Suffolk counties traffic and parking violations agencies, and by the city of Buffalo traffic violations agency, and by the city of Rochester traffic violations agency to the justice court fund and for the distribution of such moneys by the justice court fund. Notwithstanding any law to the contrary, the alternative procedures utilized may include: a. electronic funds transfer; b. remittance of funds by the justice court to the chief fiscal office of the town or village, or, in the case of the Nassau and Suffolk counties traffic and parking violations agencies, to the county treasurer, or, in the case of the Buffalo traffic violations agency, to the city of Buffalo comptroller, or in the case of the Rochester traffic violations agency, to the city of Rochester treasurer, for distribution in accordance with instructions by the comptroller; and/or c. monthly, rather than quarterly, distribution of funds. The comptroller may require such reporting and record keeping as he or she deems necessary to ensure the proper distribution of moneys in accordance with applicable laws. A justice court or the Nassau and Suffolk counties traffic and parking violations agencies or the city of Buffalo traffic violations agency or the city of Rochester traffic violations agency may utilize these procedures only when permitted by the comptroller, and such permission, once given, may subsequently be withdrawn by the comptroller on due notice.