Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Dec 31, 2020 |
approval memo.71 signed chap.382 |
Dec 19, 2020 |
delivered to governor |
Jul 22, 2020 |
returned to assembly passed senate 3rd reading cal.782 substituted for s5348b |
Jul 22, 2020 |
substituted by a7463b |
Jul 21, 2020 |
ordered to third reading cal.782 reported and committed to rules |
Jul 20, 2020 |
reported and committed to finance |
Feb 14, 2020 |
print number 5348b |
Feb 14, 2020 |
amend and recommit to transportation |
Jan 08, 2020 |
referred to transportation returned to senate died in assembly |
Jun 19, 2019 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1692 committee discharged and committed to rules |
Jun 13, 2019 |
print number 5348a |
Jun 13, 2019 |
amend (t) and recommit to finance |
May 30, 2019 |
reported and committed to finance |
Apr 26, 2019 |
referred to transportation |
Senate Bill S5348B
Signed By Governor2019-2020 Legislative Session
Relates to driver's license suspension reform
download bill text pdfSponsored By
(D, WF) 63rd Senate District
Archive: Last Bill Status Via A7463 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jul 22, 2020
aye (39)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Floor Vote: Jun 19, 2019
aye (41)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hoylman-Sigal
- Jackson
- Jacobs
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Jul 20, 2020 - Transportation Committee Vote
S5348B9Aye5Nay1Aye with Reservations0Absent0Excused0AbstainedMay 30, 2019 - Transportation Committee Vote
S5348B10Aye2Nay3Aye with Reservations0Absent0Excused0AbstainedJul 21, 2020 - Rules Committee Vote
S5348B12Aye6Nay1Aye with Reservations0Absent0Excused0AbstainedJun 19, 2019 - Rules Committee Vote
S5348B12Aye5Nay2Aye with Reservations0Absent0Excused0AbstainedJul 21, 2020 - Finance Committee Vote
S5348B16Aye7Nay0Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
co-Sponsors
(D) Senate District
(D, WF) 12th Senate District
(D, WF) 28th Senate District
(D, WF) 48th Senate District
(D) Senate District
(D, WF) 21st Senate District
(D, WF) 13th Senate District
(D) 32nd Senate District
2019-S5348 - Details
- See Assembly Version of this Bill:
- A7463
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §§226, 227, 510, 514 & 1802, V & T L
2019-S5348 - Summary
Limits the grounds for the suspension of a driver's license; provides for additional notification when a person is required to make an appearance; requires income based payment plans to be available for fines, fees and mandatory surcharges incurred as a result of a violation of the vehicle and traffic law and makes conforming changes.
2019-S5348 - Sponsor Memo
BILL NUMBER: S5348 SPONSOR: KENNEDY TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the suspension of a license to drive a motor vehicle or motorcycle; and to repeal certain provisions of such law related thereto PURPOSE: An act to amend the vehicle and traffic law in relation to the suspen- sion of a license to drive a motor vehicle or motorcycle for failure to pay a fine. SUMMARY OF PROVISIONS: Section 226.3: Repeals section 226.3(a) allowing the commissioner to suspend a person's driver's license or privileges for failure to answer a summons or appear at a hearing, when such hearing is provided for under section 226. Re-numbers section 226.3(b) as section 226.3. Section 226-a: Provides that the commissioner must send written notice
to a person who receives a summons or appearance tickets notifying the person of the time and place of the return date no later than one week prior to the return date. Requires commissioner to provide the notifica- tion by first class mail and to make best efforts to provide additional notification by text message, electronic mail, or phone call. Section 227.4(a): Repeals the provision allowing for the suspension of a person's driver's license or privileges for failure to pay a penalty imposed following a conviction of a traffic violation. Section 229.1: Requires the court or hearing officer to offer the person a payment plan at no extra charge. Sets forth that required monthly payments under the plan may not exceed two percent of the person's monthly net income or $10, whichever is greater. Provides for a proce- dure for re-assessing the person's ability to repay at the court's or hearing officer's discretion or upon the person's petition. Section 229.2: Grants the court or hearing officer the discretion to reduce or waive the amount of any fine, fee, or mandatory surcharge assessed in accordance with this chapter. Section 229.3: Requires that persons assessed a fine, fee, or mandatory surcharge be provided with several forms of notice of the availability of a payment plan. Section 503.2(j-1)(i): Repeals provision requiring payment of a suspen- sion fee of $70 before a court or tribunal can reinstate a license suspended for failure to appear or answer or failure to pay a fine or surcharge. Section 510.4-a(a), (b), (c): Repeals provision allowing the commission- er or his or her agent to suspend a license upon receipt of a court notification of a person's failure to appear within 60 days of the return date or new subsequent adjourned date, pursuant to an appearance ticket related to violations of certain enumerated traffic and parking laws or failure to pay fines imposed for such violations. Section 511.2(a): Revises the definition of an aggravated unlicensed operation of a motor vehicle in the second degree by repealing the aggravated circumstance of a person having three or more suspensions for failure to appear or pay a fine. Section 511.3(a): Revises the definition of an aggravated unlicensed operation of a motor vehicle in the third degree by repealing the aggra- vated circumstance of a person having ten or more suspensions for fail- ure to appear or pay a fine. Renumbers remaining subsections. Section 514.3(a), (b): Revises provisions requiring trial court or clerk thereof to certify to the commissioner that a person who previously failed to appear or pay a fine has done so. Repeals the requirement that the court must collect the suspension fee required under section 503.20-1) before providing the certification. Section 519: Adds new section 519 to require the commissioner, within 90 days of the enactment of this section to terminate all suspensions of licenses, privileges to operate a motor vehicle, and registrations suspended as a result of failure to appear or pay a fine, penalty, or mandatory surcharge pursuant to sections 226.3, 227.4, or 510.4-a. Requires commissioner to waive all fees and penalties associated with the terminated suspensions. Section 1809.5-a: Repeals provision that clarified the definition of fines and fees whose nonpayment could result in a license suspension to include mandatory surcharges or crime victim assistance fees. JUSTIFICATION: New York State regularly suspends people's driving privileges because they are not able to pay a traffic-related fine or fee. Between January 2016 and April 2018, New York issued 1,686,175 driver's license suspen- sions related to traffic debt.' License suspension has significant adverse consequences for the individual, especially in areas where public transportation options are sparse. Without a license, a person cannot drive to work, school, or even court. These consequences compound and amplify the impact of the suspension, making it less likely that the person can repay the initial debt and more likely that the person will incur additional censure and penalties from the court. If the person continues to drive with a suspended license, as many people are compelled to do, he or she risks criminal charges, additional fines, and possible prison time. In practice, suspension for nonpayment criminal- izes New Yorkers for being poor. These dire consequences affect not just the individual, but also their families, employers, and communities; in New York, the impact is borne disproportionately by low-income communities and communities of color. Driver's license suspension rates in New York are nearly nine times higher in the ten poorest communities compared to the ten wealthiest. In New York City, communities with the highest percent of people of color receive driver's license suspensions at rates twice as high as communi- ties with the smallest percent of people of color. In the rest of New York State, communities with the highest percent of people of color receive driver's license suspensions at rates four times as high as communities with the smallest percent people of color. Yet despite these grave and unjust consequences, suspension for nonpay- ment accomplishes very little. It does not appear to encourage repay- ment: in the majority of cases, people whose license was suspended still did not pay the outstanding fine up to one year after the date of suspension. It does not make New York roads safer, since the punishment is handed down not for dangerous driving, but rather for failure to appear in court or pay a fine. Moreover, by requiring courts and law enforcement officials to spend time pursuing and prosecuting people for driving with a suspended license, New York State is diverting important resources away from fighting serious crime and pulling actually danger- ous drivers off the road. The arguable benefits of suspension for nonpayment do not justify the costs to New York communities. States across the country are reaching similar conclusions, and doing away with the practice. Mississippi, Idaho, California, the District of Columbia, and Virginia have all stopped suspending licenses for nonpayment, and the legislatures in Montana, Tennessee, North Carolina, Minnesota, Oregon, Illinois, and Florida are all considering legislation that would do the same. At the same time, the practice is facing constitutional challenges in several other states, including Alabama, Oregon, Montana, and Michigan -- and so far, those challenges have been successful. Additionally, courts have little discretion in allowing an individual to pay their fine or fees over time through payment plans. With repayment rates so low among drivers with suspended licenses, municipalities and the state may be losing out on revenue they would otherwise receive if individuals had more flexible repayment options. This legislation provides manageable repayment options, particularly for low-income New Yorkers, which may enable municipalities and the state to realize increased revenue that would otherwise be lost without payment plan options. For example, West Palm Beach County, Florida collected 32 times more revenue and reduced suspensions by 39% after offering affordable payment plans.' Revenue in San Francisco, California increased increased 244% when people received the option of affordable payment plans.' More importantly, this bill could allow New York to reduce arrests, booking, charges, prosecution, and jail time on the basis of poverty. Finally, it is important to note than other than failure to pay a fine or appear in court, the next most common reasons for suspension are failure to pay the driver responsibility assessment, failure to pay child support, driving while intoxicated, and vehicular homicide. Ending license suspension for traffic debt would not affect driver's license suspension for these other reasons. LEGISLATIVE HISTORY: New Bill FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect ninety days after becoming law.
2019-S5348 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5348 2019-2020 Regular Sessions I N S E N A T E April 26, 2019 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the suspen- sion of a license to drive a motor vehicle or motorcycle; and to repeal certain provisions of such law related thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 226 of the vehicle and traffic law, as amended by chapter 607 of the laws of 1993, paragraph (a) as amended by section 6 of part J of chapter 62 of the laws of 2003 and paragraph (b) as amended by section 2 of part K of chapter 59 of the laws of 2010, is amended to read as follows: 3. Failure to answer or appear; entry of order. [(a) If the person charged with the violation shall fail to answer the summons as provided herein, the commissioner may suspend such person's license or driving privilege or, if the charge involves a violation of section three hundred eighty-five, section four hundred one or section five hundred eleven-a of this chapter by a registrant who was not the operator of the vehicle, the registration of such vehicle or the privilege of operation of any motor vehicle owned by such registrant may be suspended, until such person shall answer as provided in subdivision two of this section. If a person shall fail to appear at a hearing, when such is provided for pursuant to this section, such person's license, or registration or privilege of operating or of operation, as appropriate, may be suspended pending appearance at a subsequent hearing, or the disposition of the charges involved. Any suspension permitted by this subdivision, if already in effect, may be terminated or if not yet in effect, may be withdrawn or withheld, prior to the disposition of the charges involved if such person shall appear and post security in the amount of forty dollars to guarantee his or her appearance at any required hearing. The security posted pursuant to this subdivision shall be returned upon EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD11167-01-9 S. 5348 2 appearance at the scheduled hearing or an adjourned hearing which results in a final disposition of the charge, and otherwise shall be forfeited. If a suspension has been imposed pursuant to this subdivision and the case is subsequently transferred pursuant to subdivision two of section two hundred twenty-five of this article, such suspension shall remain in effect until the person answers the charges in the court to which the case was transferred. Any suspension issued pursuant to this paragraph shall be subject to the provisions of paragraph (j-1) of subdivision two of section five hundred three of this chapter. (b)] Failure to answer or appear in accordance with the requirements of this section and any regulations promulgated hereunder shall be deemed an admission to the violation as charged, and an appropriate order may be entered in the department's records, and a fine consistent with the provisions of this chapter and regulations of the commissioner may be imposed by the commissioner or person designated by the commis- sioner. Prior to entry of an order and imposition of a fine, the commissioner shall notify such person by mail at the address of such person on file with the department or at the current address provided by the United States postal service in accordance with section two hundred fourteen of this chapter: (i) of the violation charged; (ii) of the impending entry of such order and fine; (iii) that such order and fine may be filed as a judgment with the county clerk of the county in which the operator or registrant is located; and (iv) that entry of such order and imposition of such fine may be avoided by entering a plea or making an appearance within thirty days of the sending of such notice. In no case shall such an order and fine be entered and imposed more than two years after the date of the alleged violation. Upon application in such manner and form as the commissioner shall prescribe an order and fine shall be vacated upon the ground of excusable default. § 2. The vehicle and traffic law is amended by adding a new section 226-a to read as follows: § 226-A. RETURN DATE NOTIFICATIONS. THE COMMISSIONER SHALL NOTIFY ANY PERSON WHO RECEIVES A SUMMONS OR APPEARANCE TICKET FOR A VIOLATION DESCRIBED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FIVE OF THIS CHAPTER OF THE TIME AND PLACE OF THE RETURN DATE FOR SUCH SUMMONS NO LATER THAN ONE WEEK PRIOR TO THE RETURN DATE. THE COMMISSIONER SHALL (A) SEND THE NOTIFICATION BY FIRST CLASS MAIL AT THE ADDRESS OF SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL SERVICE IN ACCORDANCE WITH SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER; AND (B) IN COLLABORATION WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES, MAKE BEST EFFORTS TO PROVIDE AN ADDITIONAL NOTIFICATION BY TEXT MESSAGE, ELECTRONIC MAIL OR PHONE CALL USING THE BEST AVAILABLE PHONE NUMBER OR ELECTRONIC MAIL ADDRESS FOR THE INTENDED PERSON. § 3. The vehicle and traffic law is amended by adding a new section 229 to read as follows: § 229. REASONABLE PAYMENT PLANS. 1. THE COURT OR HEARING OFFICER SHALL OFFER THE OPPORTUNITY FOR A REASONABLE PAYMENT PLAN AT NO CHARGE TO THE PERSON. A REASONABLE PAYMENT PLAN SHALL COMPREHEND ALL FINES, FEES AND MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY PAYMENTS THAT DO NOT EXCEED TWO PERCENT OF THE PERSON'S MONTHLY NET INCOME OR TEN DOLLARS PER MONTH, WHICHEVER IS GREATER. MONTHLY NET INCOME MEANS TOTAL MONETARY PAYMENTS FROM ANY SOURCE, MINUS DEDUCTIONS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE OR COURT-ORDERED GARNISHMENTS AND SUPPORT PAYMENTS. THE COURT OR TRAFFIC VIOLATIONS AGENCY MAY ACCEPT PAYMENTS HIGHER THAN THE SET AMOUNT, BUT MAY NOT UNDERTAKE ADDITIONAL S. 5348 3 COLLECTION ACTIVITY SO LONG AS THE PERSON MEETS HIS OR HER OBLIGATIONS UNDER THE PAYMENT PLAN. THE COURT OR HEARING OFFICER MAY REQUIRE PEOPLE WITH PAYMENT PLANS TO APPEAR PERIODICALLY, BUT NO MORE OFTEN THAN ANNU- ALLY, TO ASSESS THEIR FINANCIAL CIRCUMSTANCES AND MAY SET A NEW PAYMENT AMOUNT IF THE PERSON'S FINANCIAL CIRCUMSTANCES HAVE CHANGED. A PERSON WHO ENTERS INTO A PAYMENT PLAN AND EXPERIENCES A REDUCTION IN INCOME MAY PETITION THE COURT OR HEARING OFFICER AT ANY TIME TO SEEK A REDUCTION IN THE MONTHLY PAYMENT. 2. THE COURT OR HEARING OFFICER SHALL HAVE THE DISCRETION IN THE INTERESTS OF JUSTICE TO REDUCE OR WAIVE THE AMOUNT OF ANY FINE, FEE OR MANDATORY SURCHARGE ASSESSED FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER. 3. A PERSON ASSESSED A FINE, FEE AND/OR MANDATORY SURCHARGE FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE NOTIFIED OF THEIR RIGHT TO A REASONABLE PAYMENT PLAN (A) AT THE TIME THE CITATION OR TICKET IS ISSUED; (B) AT THE TIME OF SENTENCING; AND (C) IN ANY COMMUNI- CATION CONCERNING IMPOSITION OR COLLECTION OF THE FINE, FEE OR MANDATORY SURCHARGE. INFORMATION ABOUT THE AVAILABILITY OF PAYMENT PLANS SHALL BE PROMINENTLY POSTED AT EACH COURT AND TRAFFIC VIOLATIONS AGENCY, ON ITS WEBSITE, IF ANY, AND ON THE COMMISSIONER'S WEBSITE. § 4. Paragraph a of subdivision 4 of section 227 of the vehicle and traffic law, as amended by section 7 of part J of chapter 62 of the laws of 2003, is amended to read as follows: a. An order entered upon the failure to answer or appear or after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, but shall be treated as a conviction for the purposes of this chapter. The commissioner or his designee may include in such order an imposition of any penalty authorized by any provision of this chapter for a conviction of such violation, except that no penalty therefore shall include impri- sonment, nor, if monetary, exceed the amount of the fine which could have been imposed had the charge been heard by a court. [The driver's license or privileges, or, if the charge involves a violation of section three hundred eighty-five or section four hundred one of this chapter by a registrant who was not the operator of the vehicle, the registration of such vehicle or privilege of operation of any motor vehicle owned by such registrant may be suspended pending the payment of any penalty so imposed. Any suspension issued pursuant to this paragraph shall be subject to the provisions of paragraph (j-1) of subdivision two of section five hundred three of this chapter.] § 5. Paragraph (j-1) of subdivision 2 of section 503 of the vehicle and traffic law, as added by section 8 of part J of chapter 62 of the laws of 2003, subparagraph (i) as amended by section 3 of part PP of chapter 59 of the laws of 2009 and subparagraph (iv) as added by section 4 of part PP of chapter 59 of the laws of 2009, is amended to read as follows: (j-1) (i) [When a license issued pursuant to this article, or a privi- lege of operating a motor vehicle or of obtaining such a license, has been suspended based upon a failure to answer an appearance ticket or a summons or failure to pay a fine, penalty or mandatory surcharge, pursu- ant to subdivision three of section two hundred twenty-six, subdivision four of section two hundred twenty-seven, subdivision four-a of section five hundred ten or subdivision five-a of section eighteen hundred nine of this chapter, such suspension shall remain in effect until a termi- nation of a suspension fee of seventy dollars is paid to the court or tribunal that initiated the suspension of such license or privilege. In S. 5348 4 no event may the aggregate of the fees imposed by an individual court pursuant to this paragraph for the termination of all suspensions that may be terminated as a result of a person's answers, appearances or payments made in such cases pending before such individual court exceed four hundred dollars. For the purposes of this paragraph, the various locations of the administrative tribunal established under article two-A of this chapter shall be considered an individual court. (ii)] Any such fee collected by any court, judge, magistrate or other officer specified in subdivision one of section thirty-nine of the judi- ciary law, establishing a unified court budget, shall be paid to the state commissioner of taxation and finance on a monthly basis no later than ten days after the last day of each month. All such monies collected under this subdivision shall be deposited to the indigent legal services fund established by section ninety-eight-b of the state finance law. [(iii)] (II) Any such fee collected by any other court, judge, magis- trate or other officer shall, except as provided in paragraph (k) of this subdivision, be paid to the state comptroller within the first ten days of the month following collection. Every such payment to the comp- troller shall be accompanied by a statement in such form and detail as the comptroller shall provide. All such monies collected under this subdivision shall be deposited to the indigent legal services fund established by section ninety-eight-b of the state finance law. [(iv)] (III) Notwithstanding any other provision of this paragraph, fifty percent of all fees collected pursuant to this paragraph shall be deposited to the credit of the general fund. § 6. Subdivision 4-a of section 510 of the vehicle and traffic law is REPEALED. § 7. Paragraph (a) of subdivision 2 of section 511 of the vehicle and traffic law, as amended by chapter 607 of the laws of 1993 and subpara- graph (ii) as amended by chapter 196 of the laws of 1996, is amended to read as follows: (a) A person is guilty of the offense of aggravated unlicensed opera- tion of a motor vehicle in the second degree when such person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and (i) has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the imme- diately preceding eighteen months; or (ii) the suspension or revocation is based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of this chapter, a finding of driving after having consumed alcohol in violation of section eleven hundred ninety-two-a of this chapter or upon a conviction for a violation of any of the provisions of section eleven hundred ninety-two of this chapter; or (iii) the suspension was a mandatory suspension pending prosecution of a charge of a violation of section eleven hundred ninety-two of this chapter ordered pursuant to paragraph (e) of subdivision two of section eleven hundred ninety-three of this chapter or other similar statute[; or (iv) such person has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter]. § 8. Paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006 and subpara- S. 5348 5 graph (iii) as amended and subparagraph (iv) as added by chapter 169 of the laws of 2013, is amended to read as follows: (a) A person is guilty of the offense of aggravated unlicensed opera- tion of a motor vehicle in the first degree when such person: (i) commits the offense of aggravated unlicensed operation of a motor vehi- cle in the second degree as provided in subparagraph (ii), (iii) or (iv) of paragraph (a) of subdivision two of this section and is operating a motor vehicle while under the influence of alcohol or a drug in violation of subdivision one, two, two-a, three, four, four-a or five of section eleven hundred ninety-two of this chapter; or (ii) [commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while such person has in effect ten or more suspensions, imposed on at least ten separate dates for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six of this chapter or subdivision four-a of section five hundred ten of this article; or (iii)] commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while under permanent revoca- tion as set forth in subparagraph twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this chapter; or [(iv)] (III) operates a motor vehicle upon a public highway while holding a conditional license issued pursuant to paragraph (a) of subdi- vision seven of section eleven hundred ninety-six of this chapter while under the influence of alcohol or a drug in violation of subdivision one, two, two-a, three, four, four-a or five of section eleven hundred ninety-two of this chapter. § 9. Subdivision 3 of section 514 of the vehicle and traffic law, as amended by section 11 of part J of chapter 62 of the laws of 2003 and paragraph (b) as amended by chapter 157 of the laws of 2017, is amended to read as follows: 3. (a) Upon the failure of a person to appear or answer, within sixty days of the return date or any subsequent adjourned date, or the failure to pay a fine imposed by a court, pursuant to a summons charging him or her with a violation of any of the provisions of this chapter (except one for parking, stopping or standing), section five hundred two or five hundred twelve of the tax law, section fourteen-f, two hundred eleven or two hundred twelve of the transportation law or of any law, ordinance, rule or regulation made by a local authority, relating to traffic (except for parking, stopping or standing), the trial court or the clerk thereof shall within ten days certify that fact to the commissioner, in the manner and form prescribed by the commissioner, who shall record the same in his or her office. Thereafter and upon the appearance of any such person in response to such summons or the receipt of the fine by the court, the trial court or the clerk thereof shall forthwith certify that fact to the commissioner, in the manner and form prescribed by the commissioner[; provided, however, no such certification shall be made unless the court has collected the termination of suspension fee required to be paid pursuant to paragraph (j-1) of subdivision two of section five hundred three of this chapter]. (b) Upon the failure of a person to appear or answer, within sixty days of the return date or any subsequent adjourned date, or the failure to pay a fine imposed by a traffic and parking violations agency or a traffic violations agency pursuant to a summons charging him or her with a violation of: S. 5348 6 (1) any of the provisions of this chapter except one for parking, stopping or standing and except those violations described in paragraphs (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred seventy-one of the general municipal law; (2) section five hundred two or subdivision (a) of section eighteen hundred fifteen of the tax law; (3) section fourteen-f (except paragraph (b) of subdivision four of section fourteen-f), two hundred eleven or two hundred twelve of the transportation law; or (4) any lawful ordinance or regulation made by a local or public authority relating to traffic (except one for parking, stopping or standing); the clerk thereof shall within ten days certify that fact to the commis- sioner, in the manner and form prescribed by the commissioner, who shall record the same in his or her office. Thereafter and upon the appearance of any such person in response to such summons or the receipt of the fine by the agency, the traffic and parking violations agency, the traf- fic violations agency or the clerk thereof shall forthwith certify that fact to the commissioner, in the manner and form prescribed by the commissioner[; provided, however, no such certification shall be made unless the traffic and parking violations agency or the traffic violations agency has collected the termination of suspension fee required to be paid pursuant to paragraph (j-1) of subdivision two of section five hundred three of this chapter]. § 10. The vehicle and traffic law is amended by adding a new section 519 to read as follows: § 519. TERMINATION OF SUSPENSIONS FOR FAILURE TO ANSWER OR FAILURE TO PAY. WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER SHALL TERMINATE ALL SUSPENSIONS OF LICENSES, PRIVILEGES TO OPERATE A MOTOR VEHICLE AND REGISTRATIONS BASED UPON A FAILURE TO ANSWER AN APPEARANCE TICKET OR SUMMONS OR FAILURE TO PAY A FINE, PENALTY OR MANDATORY SURCHARGE PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX, SUBDIVISION FOUR OF SECTION TWO HUNDRED TWENTY-SEVEN, OR SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER, THEN IN EFFECT. THE COMMISSIONER SHALL WAIVE ALL FEES AND PENALTIES ASSOCIATED WITH THE TERMINATION OF A SUSPENSION, INCLUDING BUT NOT LIMITED TO THOSE DESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH (J-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE, SUBDIVISION THREE OF SECTION FIVE HUNDRED FOURTEEN AND PARAGRAPH A OF SUBDIVISION FOUR OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER, AS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. § 11. Subdivision 5-a of section 1809 of the vehicle and traffic law is REPEALED. § 12. This act shall take effect on the ninetieth day after it shall have become a law.
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D) 22nd Senate District
(D, WF) 12th Senate District
(D, WF) 28th Senate District
(D, WF) 48th Senate District
(D) Senate District
(D, WF) 21st Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
(D) 32nd Senate District
2019-S5348A - Details
- See Assembly Version of this Bill:
- A7463
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §§226, 227, 510, 514 & 1802, V & T L
2019-S5348A - Summary
Limits the grounds for the suspension of a driver's license; provides for additional notification when a person is required to make an appearance; requires income based payment plans to be available for fines, fees and mandatory surcharges incurred as a result of a violation of the vehicle and traffic law and makes conforming changes.
2019-S5348A - Sponsor Memo
BILL NUMBER: S5348A SPONSOR: KENNEDY TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the suspension of a license to drive a motor vehicle or motorcycle PURPOSE: An act to amend the vehicle and traffic law in relation to the suspen- sion of a license to drive a motor vehicle or motorcycle for failure to pay a fine. SUMMARY OF PROVISIONS: Section 226.3: Repeals section 226.3(a) allowing the commissioner to suspend a person's driver's license or privileges for failure to answer a summons or appear at a hearing, when such hearing is provided for under section 226. Renumbers section 226.3(b) as section 226.3. Section 226-a: Provides that the commissioner must send written notice
to a person who receives a summons or appearance tickets notifying the person of the time and place of the return date no later than one week prior to the return date. Requires commissioner to provide the notifica- tion by first class mail and to make best efforts to provide additional notification by text message, electronic mail, or phone call. Section 229.1: Requires the court or hearing officer to offer the person a payment plan at no extra charge. Sets forth that required monthly payments under the plan may not exceed two percent of the person's monthly net income or $10, whichever is greater. Provides for a proce- dure for re-assessing the person's ability to repay at the court's or hearing officer's discretion or upon the person's petition. Section 227.4(a): Repeals the provision allowing for the suspension of a person's driver's license or privileges for failure to pay a penalty imposed following a conviction of a traffic violation. Section 229.2: Grants the court or hearing officer the discretion to reduce or waive the amount of any fine, fee, or mandatory surcharge assessed in accordance with this chapter. Section 229.3: Requires that persons assessed a fine, fee, or mandatory surcharge be provided with several forms of notice of the availability of a payment plan. Section 510.4-a(a), (b), (c): Repeals provision allowing the commission- er or his or her agent to suspend a license upon receipt of a court notification of a person's failure to appear within 60 days of the return date or new subsequent adjourned date, pursuant to an appearance ticket related to violations of certain enumerated traffic and parking laws or failure to pay fines imposed for such violations. Section 511.2(a): Revises the definition of an aggravated unlicensed operation of a motor vehicle in the second degree by repealing the aggravated circumstance of a person having three or more suspensions for failure to appear or pay a fine. Section 511.3(a): Revises the definition of an aggravated unlicensed operation of a motor vehicle in the third degree by repealing the aggra- vated circumstance of a person having ten or more suspensions for fail- ure to appear or pay a fine. Renumbers remaining subsections. Section 514.3(a), (b): Revises provisions requiring trial court or clerk thereof to certify to the commissioner that a person who previously failed to appear or pay a fine has done so. Repeals the requirement that the court must collect the suspension fee required under section 503.20-1 before providing the certification. Section 519: Adds new section 519 to require the commissioner, within 90 days of the enactment of this section to terminate all suspensions of licenses, privileges to operate a motor vehicle, and registrations suspended as a result of failure to appear or pay a fine, penalty, or mandatory surcharge pursuant to sections 226.3, 227.4, or 510.4-a. Requires commissioner to waive all fees and penalties associated with the terminated suspensions. JUSTIFICATION: New York State regularly suspends people's driving privileges because they are not able to pay a traffic-related fine or fee. Between January 2016 and April 2018, New York issued 1,686,175 driver's license suspen- sions related to traffic debt.' License suspension has significant adverse consequences for the individual, especially in areas where public transportation options are sparse. Without a license, a person cannot drive to work, school, or even court. These consequences compound and amplify the impact of the suspension, making it less likely that the person can repay the initial debt and more likely that the person will incur additional censure and penalties from the court. If the person continues to drive with a suspended license, as many people are compelled to do, he or she risks criminal charges, additional fines, and possible prison time. In practice, suspension for nonpayment criminal- izes New Yorkers for being poor. These dire consequences affect not just the individual, but also their families, employers, and communities; in New York, the impact is borne disproportionately by low-income communities and communities of color. Driver's license suspension rates in New York are nearly nine times higher in the ten poorest communities compared to the ten wealthiest. In New York City, communities with the highest percent of people of color receive driver's license suspensions at rates twice as high as communi- ties with the smallest percent of people of color. In the rest of New York State, communities with the highest percent of people of color receive driver's license suspensions at rates four times as high as communities with the smallest percent people of color. Yet despite these grave and unjust consequences, suspension for nonpay- ment accomplishes very little. It does not appear to encourage repay- ment: in the majority of cases, people whose license was suspended still did not pay the outstanding fine up to one year after the date of suspension. It does not make New York roads safer, since the punishment is handed down not for dangerous driving, but rather for failure to appear in court or pay a fine. Moreover, by requiring courts and law enforcement officials to spend time pursuing and prosecuting people for driving with a suspended license, New York State is diverting important resources away from fighting serious crime and pulling actually danger- ous drivers off the road. The arguable benefits of suspension for nonpayment do not justify the costs to New York communities. States across the country are reaching similar conclusions, and doing away with the practice. Mississippi, Idaho, California, the District of Columbia, and Virginia have all stopped suspending licenses for nonpayment, and the legislatures in Montana, Tennessee, North Carolina, Minnesota, Oregon, Illinois, and Florida are all considering legislation that would do the same. At the same time, the practice is facing constitutional challenges in several other states, including Alabama, Oregon, Montana, and Michigan -- and so far, those challenges have been successful. Additionally, courts have little discretion in allowing an individual to pay their fine or fees over time through payment plans. With repayment rates so low among drivers with suspended licenses, municipalities and the state may be losing out on revenue they would otherwise receive if individuals had more flexible repayment options. This legislation provides manageable repayment options, particularly for low-income New Yorkers, which may enable municipalities and the state to realize increased revenue that would otherwise be lost without payment plan options. For example, West Palm Beach County, Florida collected 32 times more revenue and reduced suspensions by 39% after offering affordable payment plans.' Revenue in San Francisco, California increased 244% when people received the option of affordable payment plans.' More important- ly, this bill could allow New York to reduce arrests, booking, charges, prosecution, and jail time on the basis of poverty. Finally, it is important to note than other than failure to pay a fine or appear in court, the next most common reasons for suspension are failure to pay the driver responsibility assessment, failure to pay child support, driving while intoxicated, and vehicular homicide. Ending license suspension for traffic debt would not affect driver's license suspension for these other reasons. LEGISLATIVE HISTORY: New Bill FISCAL IMPLICATIONS: None until an appropriation in next year's budget EFFECTIVE DATE: This act shall take effect ninety days after becoming law, provided sections two and nine of this act shall take effect on April let on the next succeeding year.
2019-S5348A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5348--A 2019-2020 Regular Sessions I N S E N A T E April 26, 2019 ___________ Introduced by Sens. KENNEDY, CARLUCCI, GIANARIS, KRUEGER, MAY, MONTGOM- ERY, PARKER, RAMOS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to the suspen- sion of a license to drive a motor vehicle or motorcycle THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 226 of the vehicle and traffic law, as amended by chapter 607 of the laws of 1993, paragraph (a) as amended by section 6 of part J of chapter 62 of the laws of 2003 and paragraph (b) as amended by section 2 of part K of chapter 59 of the laws of 2010, is amended to read as follows: 3. Failure to answer or appear; entry of order. (a) If the person charged with the violation shall fail to answer the summons as provided herein INVOLVING A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, the commissioner may suspend such person's license or driving privilege or, if the charge involves a violation of section three hundred eighty-five[, section four hundred one or section five hundred eleven-a] of this chapter by a registrant who was not the opera- tor of the vehicle, the registration of such vehicle or the privilege of operation of any motor vehicle owned by such registrant may be suspended, until such person shall answer as provided in subdivision two of this section. If a person shall fail to appear at a hearing INVOLVING A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, when such is provided for pursuant to this section, such person's license, or registration or privilege of operating or of operation, as appropriate, may be suspended pending appearance at a subsequent hearing, or the disposition of the charges involved. Any suspension permitted by this EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD11167-06-9 S. 5348--A 2 subdivision, if already in effect, may be terminated or if not yet in effect, may be withdrawn or withheld, prior to the disposition of the charges involved if such person shall appear and post security in the amount of forty dollars to guarantee his or her appearance at any required hearing. The security posted pursuant to this subdivision shall be returned upon appearance at the scheduled hearing or an adjourned hearing which results in a final disposition of the charge, and other- wise shall be forfeited. If a suspension has been imposed pursuant to this subdivision and the case is subsequently transferred pursuant to subdivision two of section two hundred twenty-five of this article, such suspension shall remain in effect until the person answers the charges in the court to which the case was transferred. Any suspension issued pursuant to this paragraph shall be subject to the provisions of para- graph (j-1) of subdivision two of section five hundred three of this chapter. (b) Failure to answer or appear in accordance with the requirements of this section and any regulations promulgated hereunder shall be deemed an admission to the violation as charged, and an appropriate order may be entered in the department's records, and a fine consistent with the provisions of this chapter and regulations of the commissioner may be imposed by the commissioner or person designated by the commissioner. Prior to entry of an order and imposition of a fine, the commissioner shall notify such person by mail at the address of such person on file with the department or at the current address provided by the United States postal service in accordance with section two hundred fourteen of this [chapter] TITLE: (i) of the violation charged; (ii) of the impend- ing entry of such order and fine; (iii) that such order and fine may be filed as a judgment with the county clerk of the county in which the operator or registrant is located; and (iv) that entry of such order and imposition of such fine may be avoided by entering a plea or making an appearance within thirty days of the sending of such notice. In no case shall such an order and fine be entered and imposed more than two years after the date of the alleged violation. Upon application in such manner and form as the commissioner shall prescribe an order and fine shall be vacated upon the ground of excusable default. § 2. The vehicle and traffic law is amended by adding a new section 226-a to read as follows: § 226-A. RETURN DATE NOTIFICATIONS. SUBJECT TO APPROPRIATION, THE COMMISSIONER SHALL NOTIFY ANY PERSON WHO RECEIVES A SUMMONS OR APPEAR- ANCE TICKET FOR A VIOLATION DESCRIBED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FIVE OF THIS ARTICLE OF THE TIME AND PLACE OF THE RETURN DATE FOR SUCH SUMMONS NO LATER THAN ONE WEEK PRIOR TO THE RETURN DATE. THE COMMISSIONER SHALL (A) SEND THE NOTIFICATION BY FIRST CLASS MAIL AT THE ADDRESS OF SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL SERVICE IN ACCORDANCE WITH SECTION TWO HUNDRED FOURTEEN OF THIS TITLE; AND (B) IN COLLABORATION WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES, MAKE BEST EFFORTS TO PROVIDE AN ADDITIONAL NOTIFICATION BY TEXT MESSAGE, ELECTRONIC MAIL OR PHONE CALL USING THE BEST AVAILABLE PHONE NUMBER OR ELECTRONIC MAIL ADDRESS FOR THE INTENDED PERSON. § 3. The vehicle and traffic law is amended by adding a new section 229 to read as follows: § 229. REASONABLE PAYMENT PLANS. 1. THE COURT OR HEARING OFFICER SHALL OFFER THE OPPORTUNITY FOR A REASONABLE PAYMENT PLAN AT NO CHARGE TO THE PERSON. A REASONABLE PAYMENT PLAN SHALL COMPREHEND ALL FINES, FEES AND MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY PAYMENTS THAT DO NOT S. 5348--A 3 EXCEED TWO PERCENT OF THE PERSON'S MONTHLY NET INCOME OR TEN DOLLARS PER MONTH, WHICHEVER IS GREATER. MONTHLY NET INCOME MEANS TOTAL MONETARY PAYMENTS FROM ANY SOURCE, MINUS DEDUCTIONS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE OR COURT-ORDERED GARNISHMENTS AND SUPPORT PAYMENTS. THE COURT OR TRAFFIC VIOLATIONS AGENCY MAY ACCEPT PAYMENTS HIGHER THAN THE SET AMOUNT, BUT MAY NOT UNDERTAKE ADDITIONAL COLLECTION ACTIVITY SO LONG AS THE PERSON MEETS HIS OR HER OBLIGATIONS UNDER THE PAYMENT PLAN. THE COURT OR HEARING OFFICER MAY REQUIRE PEOPLE WITH PAYMENT PLANS TO APPEAR PERIODICALLY, BUT NO MORE OFTEN THAN ANNU- ALLY, TO ASSESS THEIR FINANCIAL CIRCUMSTANCES AND MAY SET A NEW PAYMENT AMOUNT IF THE PERSON'S FINANCIAL CIRCUMSTANCES HAVE CHANGED. A PERSON WHO ENTERS INTO A PAYMENT PLAN AND EXPERIENCES A REDUCTION IN INCOME MAY PETITION THE COURT OR HEARING OFFICER AT ANY TIME TO SEEK A REDUCTION IN THE MONTHLY PAYMENT. 2. THE COURT OR HEARING OFFICER SHALL HAVE THE DISCRETION IN THE INTERESTS OF JUSTICE TO REDUCE OR WAIVE THE AMOUNT OF ANY FINE, FEE OR MANDATORY SURCHARGE ASSESSED FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER. 3. A PERSON ASSESSED A FINE, FEE AND/OR MANDATORY SURCHARGE FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE NOTIFIED OF THEIR RIGHT TO A REASONABLE PAYMENT PLAN (A) AT THE TIME THE CITATION OR TICKET IS ISSUED; (B) AT THE TIME OF SENTENCING; AND (C) IN ANY COMMUNI- CATION CONCERNING IMPOSITION OR COLLECTION OF THE FINE, FEE OR MANDATORY SURCHARGE. INFORMATION ABOUT THE AVAILABILITY OF PAYMENT PLANS SHALL BE PROMINENTLY POSTED AT EACH COURT AND TRAFFIC VIOLATIONS AGENCY, ON ITS WEBSITE, IF ANY, AND ON THE COMMISSIONER'S WEBSITE. § 4. Paragraph a of subdivision 4 of section 227 of the vehicle and traffic law, as amended by section 7 of part J of chapter 62 of the laws of 2003, is amended to read as follows: a. An order entered upon the failure to answer or appear or after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, but shall be treated as a conviction for the purposes of this chapter. The commissioner or his designee may include in such order an imposition of any penalty authorized by any provision of this chapter for a conviction of such violation, except that no penalty therefore shall include impri- sonment, nor, if monetary, exceed the amount of the fine which could have been imposed had the charge been heard by a court. [The] IF THE CHARGE INVOLVES A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE driver's license or privileges MAY BE SUSPENDED PENDING THE PAYMENT OF ANY PENALTY SO IMPOSED, or, if the charge involves a violation of section three hundred eighty-five [or section four hundred one] of this chapter by a registrant who was not the operator of the vehicle, the registration of such vehicle or privilege of operation of any motor vehicle owned by such registrant may be suspended pending the payment of any penalty so imposed. Any suspension issued pursuant to this paragraph shall be subject to the provisions of paragraph (j-1) of subdivision two of section five hundred three of this chapter. § 5. Subdivision 4-a of section 510 of the vehicle and traffic law, as added by section 10 of part J of chapter 62 of the laws of 2003 and paragraph (c) as amended by chapter 157 of the laws of 2017, is amended to read as follows: 4-a. Suspension for failure to answer an appearance ticket or to pay a fine. (a) Upon receipt of a court notification of the failure of a person to appear within sixty days of the return date or new subsequent adjourned date, pursuant to an appearance ticket charging said person S. 5348--A 4 with a violation of any [of the provisions of this chapter (except one for parking, stopping, or standing), of any] violation of the tax law or of the transportation law regulating traffic [or of any lawful ordinance or regulation made by a local or public authority, relating to traffic (except one for parking, stopping, or standing) or the failure to pay a fine imposed by a court] the commissioner or his or her agent may suspend the driver's license or privileges of such person pending receipt of notice from the court that such person has appeared in response to such appearance ticket or has paid such fine. Such suspen- sion shall take effect no less than thirty days from the day upon which notice thereof is sent by the commissioner to the person whose driver's license or privileges are to be suspended. Any suspension issued pursu- ant to this paragraph shall be subject to the provisions of paragraph (j-l) of subdivision two of section five hundred three of this chapter. (b) The provisions of paragraph (a) of this subdivision shall not apply to a registrant who was not operating a vehicle, but who was issued a summons or an appearance ticket for a violation of section three hundred eighty-five, section four hundred one or section five hundred eleven-a of this chapter. Upon the receipt of a court notifica- tion of the failure of such person to appear within sixty days of the return date or a new subsequent adjourned date, pursuant to an appear- ance ticket charging said person with such violation, or the failure of such person to pay a fine imposed by a court, the commissioner or his or her agent may suspend the registration of the vehicle or vehicles involved in such violation or privilege of operation of any motor vehi- cle owned by the registrant pending receipt of notice from the court that such person has appeared in response to such appearance ticket or has paid such fine. Such suspension shall take effect no less than thirty days from the day upon which notice thereof is sent by the commissioner to the person whose registration or privilege is to be suspended. Any suspension issued pursuant to this paragraph shall be subject to the provisions of paragraph (j-1) of subdivision two of section five hundred three of this chapter. (c) Upon receipt of notification from a traffic and parking violations agency or a traffic violations agency of the failure of a person to appear within sixty days of the return date or new subsequent adjourned date, pursuant to an appearance ticket charging said person with a violation of: (i) [any of the provisions of this chapter except one for parking, stopping or standing and except those violations described in paragraphs (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred seventy-one of the general municipal law; (ii)] section five hundred two or subdivision (a) of section eighteen hundred fifteen of the tax law; OR [(iii)] (II) section fourteen-f (except paragraph (b) of subdivision four of section fourteen-f), two hundred eleven or two hundred twelve of the transportation law[; or (iv) any lawful ordinance or regulation made by a local or public authority relating to traffic (except one for parking, stopping or standing) or the failure to pay a fine imposed for such a violation by a traffic and parking violations agency or a traffic violations agency], the commissioner or his or her agent may suspend the driver's license or privileges of such person pending receipt of notice from the agency that such person has appeared in response to such appearance ticket or has S. 5348--A 5 paid such fine. Such suspension shall take effect no less than thirty days from the day upon which notice thereof is sent by the commissioner to the person whose driver's license or privileges are to be suspended. Any suspension issued pursuant to this paragraph shall be subject to the provisions of paragraph (j-1) of subdivision two of section five hundred three of this chapter. § 6. Paragraph (a) of subdivision 2 of section 511 of the vehicle and traffic law, as amended by chapter 607 of the laws of 1993 and subpara- graph (ii) as amended by chapter 196 of the laws of 1996, is amended to read as follows: (a) A person is guilty of the offense of aggravated unlicensed opera- tion of a motor vehicle in the second degree when such person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and (i) has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the imme- diately preceding eighteen months; or (ii) the suspension or revocation is based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of this chapter, a finding of driving after having consumed alcohol in violation of section eleven hundred ninety-two-a of this chapter or upon a conviction for a violation of any of the provisions of section eleven hundred ninety-two of this chapter; or (iii) the suspension was a mandatory suspension pending prosecution of a charge of a violation of section eleven hundred ninety-two of this chapter ordered pursuant to paragraph (e) of subdivision two of section eleven hundred ninety-three of this chapter or other similar statute[; or (iv) such person has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter]. § 7. Paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006 and subpara- graph (iii) as amended and subparagraph (iv) as added by chapter 169 of the laws of 2013, is amended to read as follows: (a) A person is guilty of the offense of aggravated unlicensed opera- tion of a motor vehicle in the first degree when such person: (i) commits the offense of aggravated unlicensed operation of a motor vehi- cle in the second degree as provided in subparagraph (ii), (iii) or (iv) of paragraph (a) of subdivision two of this section and is operating a motor vehicle while under the influence of alcohol or a drug in violation of subdivision one, two, two-a, three, four, four-a or five of section eleven hundred ninety-two of this chapter; or (ii) [commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while such person has in effect ten or more suspensions, imposed on at least ten separate dates for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six of this chapter or subdivision four-a of section five hundred ten of this article; or (iii)] commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while under permanent revoca- tion as set forth in subparagraph twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this chapter; or S. 5348--A 6 [(iv)] (III) operates a motor vehicle upon a public highway while holding a conditional license issued pursuant to paragraph (a) of subdi- vision seven of section eleven hundred ninety-six of this chapter while under the influence of alcohol or a drug in violation of subdivision one, two, two-a, three, four, four-a or five of section eleven hundred ninety-two of this chapter. § 8. Subdivision 3 of section 514 of the vehicle and traffic law, as amended by section 11 of part J of chapter 62 of the laws of 2003 and paragraph (b) as amended by chapter 157 of the laws of 2017, is amended to read as follows: 3. (a) Upon the failure of a person to appear or answer, within sixty days of the return date or any subsequent adjourned date, or the failure to pay a fine imposed by a court, pursuant to a summons charging him or her with a violation of any of the provisions of this chapter (except one for parking, stopping or standing), section five hundred two or five hundred twelve of the tax law, section fourteen-f, two hundred eleven or two hundred twelve of the transportation law or of any law, ordinance, rule or regulation made by a local authority, relating to traffic (except for parking, stopping or standing), the trial court or the clerk thereof shall within ten days certify that fact to the commissioner, in the manner and form prescribed by the commissioner, who shall record the same in his or her office. Thereafter and upon the appearance of any such person in response to such summons or the receipt of the fine by the court, the trial court or the clerk thereof shall forthwith certify that fact to the commissioner, in the manner and form prescribed by the commissioner[; provided, however, no such certification shall be made unless the court has collected the termination of suspension fee required to be paid pursuant to paragraph (j-1) of subdivision two of section five hundred three of this chapter]. (b) Upon the failure of a person to appear or answer, within sixty days of the return date or any subsequent adjourned date, or the failure to pay a fine imposed by a traffic and parking violations agency or a traffic violations agency pursuant to a summons charging him or her with a violation of: (1) any of the provisions of this chapter except one for parking, stopping or standing and except those violations described in paragraphs (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred seventy-one of the general municipal law; (2) section five hundred two or subdivision (a) of section eighteen hundred fifteen of the tax law; (3) section fourteen-f (except paragraph (b) of subdivision four of section fourteen-f), two hundred eleven or two hundred twelve of the transportation law; or (4) any lawful ordinance or regulation made by a local or public authority relating to traffic (except one for parking, stopping or standing); the clerk thereof shall within ten days certify that fact to the commis- sioner, in the manner and form prescribed by the commissioner, who shall record the same in his or her office. Thereafter and upon the appearance of any such person in response to such summons or the receipt of the fine by the agency, the traffic and parking violations agency, the traf- fic violations agency or the clerk thereof shall forthwith certify that fact to the commissioner, in the manner and form prescribed by the commissioner[; provided, however, no such certification shall be made S. 5348--A 7 unless the traffic and parking violations agency or the traffic violations agency has collected the termination of suspension fee required to be paid pursuant to paragraph (j-1) of subdivision two of section five hundred three of this chapter]. § 9. The vehicle and traffic law is amended by adding a new section 519 to read as follows: § 519. TERMINATION OF SUSPENSIONS FOR FAILURE TO ANSWER OR FAILURE TO PAY. WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER SHALL TERMINATE ALL SUSPENSIONS OF LICENSES, PRIVILEGES TO OPERATE A MOTOR VEHICLE AND REGISTRATIONS BASED UPON A FAILURE TO ANSWER AN APPEARANCE TICKET OR SUMMONS OR FAILURE TO PAY A FINE, PENALTY OR MANDATORY SURCHARGE PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX, SUBDIVISION FOUR OF SECTION TWO HUNDRED TWENTY-SEVEN, OR SUBDIVISION FOUR-A OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER, THEN IN EFFECT, EXCLUSIVE OF FINES, PENALTIES OR SURCHARGES FOR VIOLATIONS OF PROVISIONS OF THIS CHAPTER THAT REMAIN IN EFFECT AFTER THE EFFECTIVE DATE OF THIS SECTION. THE COMMISSIONER SHALL WAIVE ALL FEES AND PENAL- TIES ASSOCIATED WITH THE TERMINATION OF A SUSPENSION, INCLUDING BUT NOT LIMITED TO THOSE DESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH (J-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE, SUBDIVISION THREE OF SECTION FIVE HUNDRED FOURTEEN AND PARAGRAPH A OF SUBDIVISION FOUR OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER, AS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. § 10. This act shall take effect on the ninetieth day after it shall have become a law provided, however, sections two and nine of this act shall take effect the first of April next succeeding the date upon which it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made and completed on or before such effective date.
co-Sponsors
(D) 36th Senate District
(D, WF) Senate District
(D) Senate District
(D) 22nd Senate District
(D, WF) 12th Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
(D, IP, WF) Senate District
(D, WF) 28th Senate District
(D) 16th Senate District
(D, WF) 48th Senate District
(D, WF) Senate District
(D) Senate District
(D) 20th Senate District
(D, WF) 21st Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
(D, IP) Senate District
(D) 32nd Senate District
(D, WF) 29th Senate District
2019-S5348B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7463
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §§226, 227, 510, 514 & 1802, V & T L
2019-S5348B (ACTIVE) - Summary
Limits the grounds for the suspension of a driver's license; provides for additional notification when a person is required to make an appearance; requires income based payment plans to be available for fines, fees and mandatory surcharges incurred as a result of a violation of the vehicle and traffic law and makes conforming changes.
2019-S5348B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5348b SPONSOR: KENNEDY TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the suspen- sion of a license to drive a motor vehicle or motorcycle PURPOSE: An act to amend the vehicle and traffic law in relation to the suspen- sion of a license to drive a motor vehicle or motorcycle for failure to pay a fine. SUMMARY OF PROVISIONS: Section 226.3(a): Revises the provision to allow the commissioner to suspend a person's driver's license or privileges for failure to answer a summons or appear at a hearing, when such hearing is provided for under section 226, only for persons charged with violating section three hundred eight-five of this chapter.
Section 226.1-a: Provides that the commissioner must send written notice to a person who receives a summons or appearance tickets notifying the person of the time and place of the return date no later than one week prior to the return date. Section 227.4(a): Revises the provision to allow for the suspension of a person's driver's License or privileges for failure to pay a penalty imposed following a conviction of a traffic violation, only for persons charged with violating section three hundred eight-five of this chapter. Section 510.4-a(a), (b), (c): Repeals certain provisions allowing the commissioner or his or her agent to suspend a license upon receipt of a court notification of a person's failure to appear within 60 days of the return date or new subsequent adjourned date, pursuant to an appearance ticket related to violations of this chapter or failure to pay fines imposed for such violations. Section 514.3(a), (b): Revises provisions requiring trial court or clerk thereof to certify to the commissioner that a person who previously failed to appear or pay a fine has done so. Repeals the requirement that the court must collect the suspension fee required under section 503.2(j-1) before providing the certification. Section 519(a) and (b): Adds new section 519 to require the commission- er, within 90 days of the enactment of this section to terminate all suspensions of licenses, privileges to operate a motor vehicle, and registrations suspended as a result of failure to appear, answer, or pay a fine, penalty, or mandatory surcharge pursuant to sections 226.3, 227.4, or 510.4-a, except for suspensions imposed pursuant to violations of section three hundred eight-five of this chapter. Requires commis- sioner to waive all fees and penalties associated with the terminated suspensions. Requires commissioner to provide notice to all persons whose licenses are terminated pursuant to this provision, notifying them of the termination and available consequences for continued non-payment or non-appearance. Section 1802.1: Amends the provision governing receipts for fines and bail to include installment plans. Section 1802.2(a), (b), and (c): Requires the court or hearing officer to offer the person an installment plan at no extra charge. Sets forth that required monthly payments under the plan may not exceed two percent of the person's monthly net income or $10, whichever is greater. Provides for a procedure for reassessing the person's ability to repay at the court's or hearing officer's discretion or upon the person's petition. Grants the court or hearing officer the discretion to reduce or waive the amount of any fine, fee, or mandatory surcharge assessed in accordance with this chapter. Requires that persons assessed a fine, fee, or mandatory surcharge be provided with several forms of notice of the availability of a payment plan. JUSTIFICATION: New York State regularly suspends people's driving privileges because they are not able to pay a traffic-related fine or fee. Between January 2016 and April 2018, New York issued 1,686,175 driver's license suspen- sions related to traffic debt.' License suspension has significant adverse consequences for the individual, especially in areas where public transportation options are sparse. Without a license, a person cannot drive to work, school, or even court. These consequences compound and amplify the impact of the suspension, making it less likely that the person can repay the initial debt and more likely that the person will incur additional censure and penalties from the court. If the person continues to drive with a suspended license, as many people are compelled to do, he or she risks criminal charges, additional fines, and possible prison time. In practice, suspension for nonpayment criminal- izes New Yorkers for being poor. These dire consequences affect not just the individual, but also their families, employers, and communities; in New York, the impact is borne disproportionately by low-income communities and communities of color. Driver's license suspension rates in New York are nearly nine times higher in the ten poorest communities compared to the ten wealthiest. In New York City, communities with the highest percent of people of color receive driver's license suspensions at rates twice as high as communi- ties with the smallest percent of people of color. In the rest of New York State, communities with the highest percent of people of color receive driver's license suspensions at rates four times as high as communities with the smallest percent people of color. Yet despite these grave and unjust consequences, suspension for nonpay- ment accomplishes very little. It does not appear to encourage repay- ment: in the majority of cases, people whose license was suspended still did not pay the outstanding fine up to one year after the date of suspension. It does not make New York roads safer, since the punishment is handed down not for dangerous driving, but rather for failure to appear in court or pay a fine. Moreover, by requiring courts and law enforcement officials to spend time pursuing and prosecuting people for driving with a suspended license, New York State is diverting important resources away from fighting serious crime and pulling actually danger- ous drivers off the road. The arguable benefits of suspension for nonpayment do not justify the costs to New York communities. States across the country are reaching similar conclusions, and doing away with the practice. Mississippi, Idaho, California, the District of Columbia, and Virginia have all stopped suspending licenses for nonpayment, and the legislatures in Montana, Tennessee, North Carolina, Minnesota, Oregon, Illinois, and Florida are all considering legislation that would do the same. At the same time, the practice is facing constitutional challenges in several other states, including Alabama, Oregon, Montana, and Michigan -- and so far, those challenges have been successful. Additionally, courts have little discretion in allowing an individual to pay their fine or fees over time through payment plans. With repayment rates so low among drivers with suspended licenses, municipalities and the state may be losing out on revenue they would otherwise receive if individuals had more flexible repayment options. This legislation provides manageable repayment options, particularly for low-income New Yorkers, which may enable municipalities and the state to realize increased revenue that would otherwise be lost without payment plan options. For example, West Palm Beach County, Florida collected 32 times more revenue and reduced suspensions by 39% after offering afford- able payment plans.' Revenue in San Francisco, California increased 244% when people received the option of affordable payment plans. More impor- tantly, this bill could allow New York to reduce arrests, booking, charges, prosecution, and jail time on the basis of poverty. Finally, it is important to note than other than failure to pay a fine or appear in court, the next most common reasons for suspension are failure to pay the driver responsibility assessment, failure to pay child support, driving while intoxicated, and vehicular homicide. Ending license suspension for traffic debt would not affect driver's license suspension for these other reasons. LEGISLATIVE HISTORY: S.5348 - Passed Senate 2019 FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect ninety days after becoming law, provided, however, that sections two and seven shall take effect the first of April after it shall have become law.
2019-S5348B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5348--B 2019-2020 Regular Sessions I N S E N A T E April 26, 2019 ___________ Introduced by Sens. KENNEDY, BIAGGI, CARLUCCI, FELDER, GIANARIS, KRUEG- ER, MAY, MONTGOMERY, PARKER, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to the suspen- sion of a license to drive a motor vehicle or motorcycle THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 226 of the vehicle and traffic law, as amended by chapter 607 of the laws of 1993, paragraph (a) as amended by section 6 of part J of chapter 62 of the laws of 2003 and paragraph (b) as amended by section 2 of part K of chapter 59 of the laws of 2010, is amended to read as follows: 3. Failure to answer or appear; entry of order. (a) If the person charged with the violation shall fail to answer the summons as provided herein INVOLVING A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, the commissioner may suspend such person's license or driving privilege or, if the charge involves a violation of section three hundred eighty-five[, section four hundred one or section five hundred eleven-a] of this chapter by a registrant who was not the opera- tor of the vehicle, the registration of such vehicle or the privilege of operation of any motor vehicle owned by such registrant may be suspended, until such person shall answer as provided in subdivision two of this section. If a person shall fail to appear at a hearing INVOLVING A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, when such is provided for pursuant to this section, such person's license, or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD11167-09-0 S. 5348--B 2 registration or privilege of operating or of operation, as appropriate, may be suspended pending appearance at a subsequent hearing, or the disposition of the charges involved. Any suspension permitted by this subdivision, if already in effect, may be terminated or if not yet in effect, may be withdrawn or withheld, prior to the disposition of the charges involved if such person shall appear and post security in the amount of forty dollars to guarantee his or her appearance at any required hearing. The security posted pursuant to this subdivision shall be returned upon appearance at the scheduled hearing or an adjourned hearing which results in a final disposition of the charge, and other- wise shall be forfeited. If a suspension has been imposed pursuant to this subdivision and the case is subsequently transferred pursuant to subdivision two of section two hundred twenty-five of this article, such suspension shall remain in effect until the person answers the charges in the court to which the case was transferred. Any suspension issued pursuant to this paragraph shall be subject to the provisions of para- graph (j-1) of subdivision two of section five hundred three of this chapter. (b) Failure to answer or appear in accordance with the requirements of this section and any regulations promulgated hereunder shall be deemed an admission to the violation as charged, and an appropriate order may be entered in the department's records, and a fine consistent with the provisions of this chapter and regulations of the commissioner may be imposed by the commissioner or person designated by the commissioner. Prior to entry of an order and imposition of a fine, the commissioner shall notify such person by mail at the address of such person on file with the department or at the current address provided by the United States postal service in accordance with section two hundred fourteen of this [chapter] TITLE: (i) of the violation charged; (ii) of the impend- ing entry of such order and fine; (iii) that such order and fine may be filed as a judgment with the county clerk of the county in which the operator or registrant is located; and (iv) that entry of such order and imposition of such fine may be avoided by entering a plea or making an appearance within thirty days of the sending of such notice. In no case shall such an order and fine be entered and imposed more than two years after the date of the alleged violation. Upon application in such manner and form as the commissioner shall prescribe an order and fine shall be vacated upon the ground of excusable default. § 2. Section 226 of the vehicle and traffic law is amended by adding a new subdivision 1-a to read as follows: 1-A. RETURN DATE NOTIFICATIONS. THE COMMISSIONER SHALL NOTIFY ANY PERSON WHO RECEIVES A SUMMONS AND COMPLAINT FOR ANY TRAFFIC VIOLATION SPECIFIED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FIVE OF THIS ARTICLE OF THE TIME AND PLACE OF THE RETURN DATE FOR SUCH SUMMONS, NO LATER THAN ONE WEEK PRIOR TO SUCH RETURN DATE. THE COMMISSIONER SHALL: (A) SEND SUCH NOTIFICATION BY FIRST CLASS MAIL AT THE ADDRESS OF SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL SERVICE IN ACCORDANCE WITH SECTION TWO HUNDRED FOURTEEN OF THIS TITLE; AND (B) PROVIDE AN ADDITIONAL NOTIFICATION BY TEXT MESSAGE, ELECTRONIC MAIL, OR TELEPHONE CALL WHENEVER THE COMMIS- SIONER HAS THE TELEPHONE NUMBER OR ELECTRONIC MAIL ADDRESS OF SUCH PERSON. § 3. Section 1802 of the vehicle and traffic law is amended to read as follows: § 1802. Receipts for fines or bail; INSTALLMENT PAYMENT PLANS. 1. RECEIPTS FOR FINES OR BAIL. Upon receipt of the payment of any fine or S. 5348--B 3 penalty collected under a sentence or judgment of conviction of a violation of any of the provisions of this chapter or any local law, ordinance, order, rule or regulation made by local authorities in relation to traffic or the deposit of bail of a person charged with a violation of any such provision, local law, ordinance, order, rule or regulation, the officer or employee receiving such payment or deposit shall issue a receipt therefor when the payment or deposit is made in cash. Whenever any such payment or deposit is made by check, money order or in other property, the officer or employee shall issue a receipt therefor upon request; provided, however, no such receipt shall be issued where a fine or penalty is paid by mail unless the name and address of the payee is known to such officer or employee or enclosed with the payment. 2. INSTALLMENT PAYMENT PLANS. (A) WHENEVER FINES AND/OR SURCHARGES ARE IMPOSED UPON A NATURAL PERSON UPON A CONVICTION OF A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER OR ANY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION MADE BY LOCAL AUTHORITIES IN RELATION TO TRAFFIC, OR WHEN- EVER AN ORDER IS ENTERED PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER, THE COURT OR HEARING OFFICER SHALL OFFER SUCH PERSON THE OPPORTUNITY TO ENTER INTO AN INSTALLMENT PAYMENT PLAN AT NO CHARGE FOR THE PAYMENT OF SUCH FINES AND/OR SURCHARGES AND ANY RELATED FEES. ANY SUCH INSTALLMENT PAYMENT PLAN SHALL BE COMPRISED OF ALL FINES, FEES AND MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY PAYMENTS THAT DO NOT EXCEED TWO PERCENT OF SUCH PERSON'S MONTHLY NET INCOME OR TEN DOLLARS PER MONTH, WHICHEVER IS GREATER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "NET INCOME" SHALL MEAN SUCH PERSON'S TOTAL INCOME FROM ALL SOURCES AND ASSETS, MINUS DEDUCTIONS REQUIRED BY LAW INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE OR COURT-ORDERED GARNISHMENTS AND SUPPORT PAYMENTS. A COURT OR HEARING OFFICER MAY REQUIRE THE SUBMISSION OF A FINANCIAL DISCLOSURE REPORT, ON A FORM PRESCRIBED BY THE COMMISSIONER, FROM ALL PERSONS WHO OPT TO ENTER INTO INSTALLMENT PAYMENT PLANS. A COURT OR HEARING OFFICER ALSO MAY ACCEPT PAYMENTS HIGHER THAN THE SET AMOUNT, BUT MAY NOT UNDERTAKE ADDITIONAL COLLECTION ACTIVITY SO LONG AS THE PERSON MEETS HIS OR HER OBLIGATIONS UNDER THE INSTALLMENT PAYMENT PLAN. A COURT OR HEARING OFFICER MAY REQUIRE PERSONS ENTERING INSTALLMENT PAYMENT PLANS TO APPEAR PERIOD- ICALLY BEFORE SUCH COURT OR HEARING OFFICER, BUT NO MORE FREQUENTLY THAN ANNUALLY, TO ASSESS THEIR FINANCIAL CIRCUMSTANCES, AND MAY SET A NEW PAYMENT AMOUNT IF SUCH PERSON'S FINANCIAL CIRCUMSTANCES HAVE CHANGED. A PERSON WHO ENTERS INTO AN INSTALLMENT PAYMENT PLAN AND EXPERIENCES A REDUCTION IN INCOME MAY PETITION THE COURT OR HEARING OFFICER AT ANY TIME TO SEEK A REDUCTION IN THE MONTHLY PAYMENT. (B) THE COURT OR HEARING OFFICER SHALL HAVE THE DISCRETION IN THE INTERESTS OF JUSTICE TO REDUCE OR WAIVE THE AMOUNT OF ANY FINE, FEE OR MANDATORY SURCHARGE ASSESSED FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER OR ANY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION MADE BY LOCAL AUTHORITIES IN RELATION TO TRAFFIC. (C) A PERSON ASSESSED A FINE, FEE AND/OR MANDATORY SURCHARGE FOLLOWING A CONVICTION FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER OR ANY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION MADE BY LOCAL AUTHORITIES IN RELATION TO TRAFFIC, OR THE ENTERING OF AN ORDER PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAP- TER, SHALL BE NOTIFIED OF THEIR RIGHT TO AN INSTALLMENT PAYMENT PLAN (A) AT THE TIME THE SUMMONS IS ISSUED; (B) AT THE TIME OF SENTENCING; AND (C) IN ANY COMMUNICATION CONCERNING IMPOSITION OR COLLECTION OF A FINE, FEE OR MANDATORY SURCHARGE. INFORMATION ABOUT THE AVAILABILITY OF S. 5348--B 4 INSTALLMENT PAYMENT PLANS SHALL BE PROMINENTLY POSTED, IN A CLEAR AND CONSPICUOUS MANNER: AT EACH COURT AND ADMINISTRATIVE TRIBUNAL AND ITS WEBSITE, IF ANY, AND ON THE COMMISSIONER'S WEBSITE. § 4. Paragraph a of subdivision 4 of section 227 of the vehicle and traffic law, as amended by section 7 of part J of chapter 62 of the laws of 2003, is amended to read as follows: a. An order entered upon the failure to answer or appear or after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, but shall be treated as a conviction for the purposes of this chapter. The commissioner or his designee may include in such order an imposition of any penalty authorized by any provision of this chapter for a conviction of such violation, except that no penalty therefore shall include impri- sonment, nor, if monetary, exceed the amount of the fine which could have been imposed had the charge been heard by a court. [The] IF THE CHARGE INVOLVES A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE driver's license or privileges MAY BE SUSPENDED PENDING THE PAYMENT OF ANY PENALTY SO IMPOSED, or, if the charge involves a violation of section three hundred eighty-five [or section four hundred one] of this chapter by a registrant who was not the operator of the vehicle, the registration of such vehicle or privilege of operation of any motor vehicle owned by such registrant may be suspended pending the payment of any penalty so imposed. Any suspension issued pursuant to this paragraph shall be subject to the provisions of paragraph (j-1) of subdivision two of section five hundred three of this chapter. § 5. Subdivision 4-a of section 510 of the vehicle and traffic law, as added by section 10 of part J of chapter 62 of the laws of 2003 and paragraph (c) as amended by chapter 157 of the laws of 2017, is amended to read as follows: 4-a. Suspension for failure to answer an appearance ticket or to pay a fine. (a) Upon receipt of a court notification of the failure of a person to appear within sixty days of the return date or new subsequent adjourned date, pursuant to an appearance ticket charging said person with a violation of any [of the provisions of this chapter (except one for parking, stopping, or standing), of any] violation of the tax law or of the transportation law regulating traffic [or of any lawful ordinance or regulation made by a local or public authority, relating to traffic (except one for parking, stopping, or standing) or the failure to pay a fine imposed by a court] the commissioner or his or her agent may suspend the driver's license or privileges of such person pending receipt of notice from the court that such person has appeared in response to such appearance ticket or has paid such fine. Such suspen- sion shall take effect no less than thirty days from the day upon which notice thereof is sent by the commissioner to the person whose driver's license or privileges are to be suspended. Any suspension issued pursu- ant to this paragraph shall be subject to the provisions of paragraph (j-l) of subdivision two of section five hundred three of this chapter. (b) The provisions of paragraph (a) of this subdivision shall not apply to a registrant who was not operating a vehicle, but who was issued a summons or an appearance ticket for a violation of section three hundred eighty-five, section four hundred one or section five hundred eleven-a of this chapter. Upon the receipt of a court notifica- tion of the failure of such person to appear within sixty days of the return date or a new subsequent adjourned date, pursuant to an appear- ance ticket charging said person with such violation, or the failure of such person to pay a fine imposed by a court, the commissioner or his or S. 5348--B 5 her agent may suspend the registration of the vehicle or vehicles involved in such violation or privilege of operation of any motor vehi- cle owned by the registrant pending receipt of notice from the court that such person has appeared in response to such appearance ticket or has paid such fine. Such suspension shall take effect no less than thirty days from the day upon which notice thereof is sent by the commissioner to the person whose registration or privilege is to be suspended. Any suspension issued pursuant to this paragraph shall be subject to the provisions of paragraph (j-1) of subdivision two of section five hundred three of this chapter. (c) Upon receipt of notification from a traffic and parking violations agency or a traffic violations agency of the failure of a person to appear within sixty days of the return date or new subsequent adjourned date, pursuant to an appearance ticket charging said person with a violation of: (i) [any of the provisions of this chapter except one for parking, stopping or standing and except those violations described in paragraphs (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred seventy-one of the general municipal law; (ii)] section five hundred two or subdivision (a) of section eighteen hundred fifteen of the tax law; OR [(iii)] (II) section fourteen-f (except paragraph (b) of subdivision four of section fourteen-f), two hundred eleven or two hundred twelve of the transportation law[; or (iv) any lawful ordinance or regulation made by a local or public authority relating to traffic (except one for parking, stopping or standing) or the failure to pay a fine imposed for such a violation by a traffic and parking violations agency or a traffic violations agency], the commissioner or his or her agent may suspend the driver's license or privileges of such person pending receipt of notice from the agency that such person has appeared in response to such appearance ticket or has paid such fine. Such suspension shall take effect no less than thirty days from the day upon which notice thereof is sent by the commissioner to the person whose driver's license or privileges are to be suspended. Any suspension issued pursuant to this paragraph shall be subject to the provisions of paragraph (j-1) of subdivision two of section five hundred three of this chapter. § 6. Subdivision 3 of section 514 of the vehicle and traffic law, as amended by section 11 of part J of chapter 62 of the laws of 2003 and paragraph (b) as amended by chapter 157 of the laws of 2017, is amended to read as follows: 3. (a) Upon the failure of a person to appear or answer, within sixty days of the return date or any subsequent adjourned date, or the failure to pay a fine imposed by a court, pursuant to a summons charging him or her with a violation of any of the provisions of this chapter (except one for parking, stopping or standing), section five hundred two or five hundred twelve of the tax law, section fourteen-f, two hundred eleven or two hundred twelve of the transportation law or of any law, ordinance, rule or regulation made by a local authority, relating to traffic (except for parking, stopping or standing), the trial court or the clerk thereof shall within ten days certify that fact to the commissioner, in the manner and form prescribed by the commissioner, who shall record the same in his or her office. Thereafter and upon the appearance of any such person in response to such summons or the receipt of the fine by S. 5348--B 6 the court, the trial court or the clerk thereof shall forthwith certify that fact to the commissioner, in the manner and form prescribed by the commissioner[; provided, however, no such certification shall be made unless the court has collected the termination of suspension fee required to be paid pursuant to paragraph (j-1) of subdivision two of section five hundred three of this chapter]. (b) Upon the failure of a person to appear or answer, within sixty days of the return date or any subsequent adjourned date, or the failure to pay a fine imposed by a traffic and parking violations agency or a traffic violations agency pursuant to a summons charging him or her with a violation of: (1) any of the provisions of this chapter except one for parking, stopping or standing and except those violations described in paragraphs (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred seventy-one of the general municipal law; (2) section five hundred two or subdivision (a) of section eighteen hundred fifteen of the tax law; (3) section fourteen-f (except paragraph (b) of subdivision four of section fourteen-f), two hundred eleven or two hundred twelve of the transportation law; or (4) any lawful ordinance or regulation made by a local or public authority relating to traffic (except one for parking, stopping or standing); the clerk thereof shall within ten days certify that fact to the commis- sioner, in the manner and form prescribed by the commissioner, who shall record the same in his or her office. Thereafter and upon the appearance of any such person in response to such summons or the receipt of the fine by the agency, the traffic and parking violations agency, the traf- fic violations agency or the clerk thereof shall forthwith certify that fact to the commissioner, in the manner and form prescribed by the commissioner[; provided, however, no such certification shall be made unless the traffic and parking violations agency or the traffic violations agency has collected the termination of suspension fee required to be paid pursuant to paragraph (j-1) of subdivision two of section five hundred three of this chapter]. § 7. Termination of suspension for failure to appear, answer or pay a fine. a. Within three months of the effective date of this section, the commissioner of motor vehicles shall terminate all suspensions of licenses, privileges to operate a motor vehicle and registrations based upon a failure to appear, answer, or pay a fine, penalty or mandatory surcharge pursuant to subdivision 3 of section 226, subdivision 4 of section 227, or subdivision 4-a of section 510 of the vehicle and traf- fic law, in effect prior to the effective date of this section. The commissioner of motor vehicles shall waive all fees and fines associated with the termination of such suspension, including but not limited to those described in subparagraph (i) of paragraph (j-1) of subdivision 2 of section 503, subdivision 3 of section 514 and paragraph a of subdivi- sion 4 of section 227 of the vehicle and traffic law, as in existence prior to the effective date of this section. Provided, however, that the provisions of this section shall not apply to suspensions imposed pursu- ant to such sections involving violations of section 385 of the vehicle and traffic law, or any violation of the tax law or of the transporta- tion law regulating traffic. S. 5348--B 7 b. Upon termination of suspensions pursuant to this section, the commissioner of motor vehicles shall give the person whose license and/or registration suspension is terminated pursuant to this section a written notification by first class mail to the address of such person on file with the department of motor vehicles or at the current address provided by the United States postal service. Such notice shall inform such person of the termination of the suspension of their license and/or registration, the date of such termination, that continued failure to answer the violation for which the suspension for failure to answer was originally imposed may subject such person to the entry of a guilty plea on their behalf and the rendering of a default judgment of a fine as well as additional enforcement actions including garnishment of wages and personal property, restraining of bank accounts, and the placing of liens on real property, and that unpaid fines can be entered as a civil judgment for enforcement. Such notice also shall provide instructions on how such person can avoid the imposition of such additional plea, default, and enforcement actions. § 8. This act shall take effect on the ninetieth day after it shall have become a law provided, however, sections two and seven of this act shall take effect the first of April next succeeding the date upon which it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made and completed on or before such effective date.
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