PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Repeal of Part 6031 of Title 9 NYCRR.
Statutory authority:
Executive Law, article 35 and section 837(8-b) and (13)
Subject:
Equipment Maintenance Fee.
Purpose:
Allow the Division to respond to the financial and service and repair needs of law enforcement.
Text of proposed rule:
Part 6031 of Title 9 of the NYCRR is repealed.
Text of proposed rule and any required statements and analyses may be obtained from:
Natasha M. Harvin, Esq., NYS Division of Criminal Justice Services, 4 Tower Place, Albany, New York 12203, (518) 485-0857, email: natasha.harvin@dcjs.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority:
Executive Law Article 35 established the NYS Division of Criminal Justice Services (Division) and charged it with a responsibility to assist law enforcement agencies in the performance of their duties. Executive Law § 837(8-b) authorizes the Division to charge a fee for the service and repair of municipal law enforcement equipment. Executive Law § 837(13) authorizes the Division to adopt, amend or rescind regulations "as may be necessary or convenient to the performance of the functions, powers and duties of the [D]ivision."
2. Legislative objectives:
In an effort to provide services, the Division developed a program to calibrate, service and repair various breath and speed analysis equipment for State and local law enforcement agencies. Calibration and certification of equipment is important as it is used in court to secure convictions for criminal offenses such as DWI (Driving While Intoxicated).
Historically, the Division has experienced approximately 67% compliance with certification services, negatively impacting conviction levels. This was due to the cost of having the equipment serviced and repaired. There were significant local assistance cuts following the events of September 11, 2001. As a consequence, the Division began providing this important public safety service free of charge, and has since secured significant federal funding to fund this important program.
Additionally, the Division has achieved and maintained service levels of near 100% certification, positively impacting conviction levels. When the fees were eliminated, the Division implemented a program to remind each law enforcement agency of the critical need to make and keep their instrument certification appointments. Since the cost of certification was no longer an issue to be debated, the Division was able to improve the overall compliance rate from approximately 67% to approximately 98%.
This proposed rule merely repeals 9 NYCRR Part 6031, which is entitled the "Equipment Maintenance Fee Program," so that the Division may respond to the financial needs of the law enforcement community, while continuing to respond to the service and repair needs of law enforcement agencies that use these services.
3. Needs and benefits:
Calibration and certification of equipment is important as it is used in court to secure convictions for criminal offenses such as DWI. The proposed rule will permit the Division to respond to the financial needs of the law enforcement community, while continuing to respond to the service and repair needs of law enforcement agencies that use these services. This proposed rule will allow the Division to continue the high level of services offered in the calibration and repair of breath and speed analysis equipment for law enforcement agencies while eliminating the local costs associated with this program.
4. Costs:
(a) Costs to State Government: The Division services approximately 6,000 instruments annually, and has secured federal funding for the vast majority of this program. The total revenue potential from the services to repair and calibrate breath and speed analysis equipment for law enforcement agencies in 2009, 2010 and 2011 (January 1, 2011 – October 31, 2011) was, respectively, $228,710; $221,760; and $127, 480. If we begin imposing a fee on the localities, the vast majority of the revenue would become reportable as program income, resulting in a $1 for $1 reduction in federal reimbursement, which is a near $0 net gain for the State.
(b) Costs to Local Government: None.
(c) Costs to Private Regulated Parties: None.
(d) Costs to Regulating Agency: If we begin imposing a fee on the localities, the agency would lose access to funding and would have to reduce program services since our agency would not have access to the local revenues which would be deposited into the General Fund and our federal funds would be reduced by a commensurate amount.
5. Local government mandates:
The proposed rule imposes no mandates on local governments. Use of the services offered by the Division is at the discretion of the local government.
6. Paperwork:
The proposed rule will not impose additional paperwork requirements on law enforcement agencies. If a law enforcement agency uses the services offered by the Division, it currently must submit to the Division the equipment to be repaired. Each request for calibration or maintenance must be accompanied by a Service Authorization Form.
7. Duplication:
Repealing the fee upon localities would avoid duplicate funding for this program.
8. Alternatives:
The Division considered the previous practice of charging various fees every time law enforcement agencies use the services offered by the Division. The Division also considered charging law enforcement agencies an annual fee for the repair and calibration of breath and speed analysis equipment, which is based on a standard price per instrument and would yield similar revenue potential. The vast majority of revenue associated with both alternatives would need to be reported as program income to the federally funded program, resulting in a $1 for $1 reduction in federal funding, a near $0 net gain to New York State. Additionally, both alternatives produce undesirable program results. Calibration and certification of equipment is important as it is used in court to secure convictions for criminal offenses such as DWI and there were significant local assistance cuts following 9/11. By offering this as a free (federally funded) service, we have achieved and maintained service levels of near 100% certification to maintain conviction levels. If we assess a fee, we anticipate compliance will fall below 2001 compliance rates of approximately 67%.
9. Federal standards:
The Federal Highway Safety Program provides funds to support State and local efforts to improve highway safety, such as impaired driving programs. Eligible organizations include state and local government agencies, educational institutions and certain nonprofit agencies. For profit agencies and individuals, and applications to develop a product or provide a service for profit are not eligible.
This is a reimbursement program. The costs of the project are reimbursed consistent with the approved budget.
10. Compliance schedule:
The proposed rule will require no new action on the part of the law enforcement community or the Division. If a law enforcement agency uses the services offered by the Division, it must still submit to the Division the equipment to be repaired. Each request for calibration or maintenance must be accompanied by a Service Authorization Form.
Regulatory Flexibility Analysis
A regulatory flexibility analysis for small businesses and local governments is not submitted with this rulemaking because the proposed rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments.
The proposed rule merely seeks to repeal 9 NYCRR Part 6031, which is entitled the "Equipment Maintenance Fee Program." Calibration and certification of equipment is important as it is used in court to secure convictions for criminal offenses such as DWI (Driving While Intoxicated). Historically, we have experienced approximately 67% compliance with certification services, negatively impacting conviction levels. There were significant local assistance cuts following 9/11. As a consequence, the NYS Division of Criminal Justice Services (Division) began providing this important public safety service free of charge, and we have since secured significant federal funding to fund this important program. Additionally, we have achieved and maintained service levels of near 100% certification to maintain conviction levels.
This proposed rule will permit the Division to continue the high level of services offered in the calibration and repair of breath and speed analysis equipment for law enforcement agencies by eliminating the costs associated with this program.
Accordingly, based on the foregoing, it is evident that this rule imposes neither an adverse economic impact nor a recordkeeping requirement, and small businesses and local governments in New York State are unaffected by this rule.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this rulemaking because the proposed rule will not impose any adverse economic impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas.
The proposed rule merely seeks to repeal 9 NYCRR Part 6031, which is entitled the "Equipment Maintenance Fee Program." Calibration and certification of equipment is important as it is used in court to secure convictions for criminal offenses such as DWI (Driving While Intoxicated). Historically, we have experienced approximately 67% compliance with certification services, negatively impacting conviction levels. There were significant local assistance cuts following 9/11. As a consequence, the NYS Division of Criminal Justice Services (Division) began providing this important public safety service free of charge, and we have since secured significant federal funding to fund this important program. Additionally, we have achieved and maintained service levels of near 100% certification to maintain conviction levels.
This proposed rule will permit the Division to continue the high level of services offered in the calibration and repair of breath and speed analysis equipment for law enforcement agencies by eliminating the costs to localities associated with this program.
Accordingly, based on the foregoing, it is evident that this rule imposes neither an adverse economic impact nor a recordkeeping requirement, and public and private entities in rural areas of New York State are unaffected by this rule.
Job Impact Statement
The proposed rule merely seeks to repeal 9 NYCRR Part 6031, which is entitled the "Equipment Maintenance Fee Program." Calibration and certification of equipment is important as it is used in court to secure convictions for criminal offenses such as DWI (Driving While Intoxicated). Historically, we have experienced approximately 67% compliance with certification services, negatively impacting conviction levels. There were significant local assistance cuts following 9/11. As a consequence, the NYS Division of Criminal Justice Services (Division) began providing this important public safety service free of charge, and we have since secured significant federal funding to fund this important program. Additionally, we have achieved and maintained service levels of near 100% certification to maintain conviction levels.
This proposed rule will permit the Division to continue the high level of services offered in the calibration and repair of breath and speed analysis equipment for law enforcement agencies by eliminating the costs to localities associated with this program.
As such, it is apparent from the nature and purpose of the proposal that it will have no substantial adverse impact on jobs and employment opportunities.
