§ 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. 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
(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
(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
(b) The commissioner shall monitor all programs to ensure satisfactory
implementation in conjunction with the established program application
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
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.