99-A - Justice 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 county traffic and parking  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 county traffic and  parking violations agency, to the county 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  county  traffic  and parking violations bureau 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.