- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A07463 Summary:
BILL NO | A07463B |
  | |
SAME AS | SAME AS S05348-B |
  | |
SPONSOR | Hunter |
  | |
COSPNSR | Sayegh, Darling, D'Urso, Cruz, Taylor, Gottfried, Simon, Epstein, Niou, Jean-Pierre, Blake, Barron, Jaffee, Seawright, Glick, Frontus, Weprin, Bronson, Magnarelli, Zebrowski, Steck, Fahy, Perry, Mosley, O'Donnell, Eichenstein, Dickens, Rodriguez, Williams, Arroyo, Colton, Walczyk, Hyndman, Crespo, Davila, Pichardo, Rosenthal L, Reyes, Lavine, Ortiz, Quart, Lupardo, Peoples-Stokes, Otis |
  | |
MLTSPNSR | Cook, De La Rosa, Lentol |
  | |
Amd §§226, 227, 510, 514 & 1802, V & T L | |
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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. |
A07463 Floor Votes:
Yes
Abbate
No
Crouch
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Solages
Yes
Abinanti
Yes
Cruz
No
Giglio
Yes
Magnarelli
Yes
Pichardo
No
Stec
Yes
Arroyo
No
Cusick
Yes
Glick
No
Malliotakis
Yes
Pretlow
Yes
Steck
No
Ashby
Yes
Cymbrowitz
No
Goodell
No
Manktelow
Yes
Quart
No
Stern
Yes
Aubry
Yes
Darling
Yes
Gottfried
Yes
McDonald
No
Ra
Yes
Stirpe
No
Barclay
Yes
Davila
No
Griffin
No
McDonough
Yes
Ramos
No
Tague
No
Barnwell
Yes
De La Rosa
No
Gunther
No
McMahon
No
Reilly
Yes
Taylor
Yes
Barrett
Yes
DenDekker
No
Hawley
No
Mikulin
Yes
Reyes
Yes
Thiele
Yes
Barron
No
DeStefano
Yes
Hevesi
No
Miller B
ER
Richardson
Yes
Vanel
Yes
Benedetto
Yes
Dickens
Yes
Hunter
Yes
Miller MG
Yes
Rivera
Yes
Walczyk
Yes
Bichotte
Yes
Dilan
Yes
Hyndman
No
Miller ML
Yes
Rodriguez
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Jacobson
No
Montesano
Yes
Rosenthal D
Yes
Wallace
No
Blankenbush
No
DiPietro
Yes
Jaffee
No
Morinello
Yes
Rosenthal L
No
Walsh
No
Brabenec
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Braunstein
Yes
Eichenstein
No
Johns
Yes
Niou
Yes
Ryan
Yes
Weprin
Yes
Bronson
No
Englebright
No
Jones
Yes
Nolan
No
Salka
Yes
Williams
Yes
Buchwald
Yes
Epstein
Yes
Joyner
No
Norris
No
Santabarbara
No
Woerner
Yes
Burke
Yes
Fahy
Yes
Kim
Yes
O'Donnell
Yes
Sayegh
Yes
Wright
No
Buttenschon
Yes
Fall
No
Kolb
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
No
Byrne
Yes
Fernandez
No
Lalor
Yes
Otis
No
Schmitt
Yes
Mr. Speaker
No
Byrnes
ER
Finch
Yes
Lavine
No
Palmesano
Yes
Seawright
Yes
Cahill
No
Fitzpatrick
No
Lawrence
No
Palumbo
Yes
Simon
Yes
Carroll
No
Friend
Yes
Lentol
Yes
Paulin
Yes
Simotas
Yes
Colton
Yes
Frontus
Yes
Lifton
Yes
Peoples-Stokes
No
Smith
Yes
Cook
Yes
Galef
No
LiPetri
Yes
Perry
No
Smullen
‡ Indicates voting via videoconference
A07463 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A7463B REVISED 02/28/2020 SPONSOR: Hunter
  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: This bill would end the practice of suspending a driver's license for the non-payment of fines and fees and for failure to appear in court.   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. Requires commissioner to provide the notifica- tion by first class mail and to provide additional notification by text message, electronic mail, or phone call when possible. 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 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. Section 7(a) and (b) of A7463B (a.k.a. the Driver's License Suspension Reform Act): Requires 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, 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 commissioner to waive all fees and penalties associated with the terminated suspensions. Requires commis- sioner to provide notice to all persons whose licenses are terminated pursuant to this provision, notifying them of the termination and avail- able consequences for continued non-payment or non-appearance.   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, provided, however, that sections two and seven shall take effect the first of April after it shall have become law.
A07463 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7463--B 2019-2020 Regular Sessions IN ASSEMBLY May 6, 2019 ___________ Introduced by M. of A. HUNTER, SAYEGH, DARLING, D'URSO, CRUZ, TAYLOR, GOTTFRIED, SIMON, EPSTEIN, NIOU, JEAN-PIERRE, BLAKE, BARRON, JAFFEE, SEAWRIGHT, GLICK, FRONTUS, WEPRIN, BRONSON, MAGNARELLI, ZEBROWSKI, STECK, FAHY, PERRY, MOSLEY, O'DONNELL, EICHENSTEIN, DICKENS, RODRI- GUEZ, WILLIAMS, ARROYO, COLTON, WALCZYK, HYNDMAN -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA, LENTOL -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reference changed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- 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: 1 Section 1. Subdivision 3 of section 226 of the vehicle and traffic 2 law, as amended by chapter 607 of the laws of 1993, paragraph (a) as 3 amended by section 6 of part J of chapter 62 of the laws of 2003 and 4 paragraph (b) as amended by section 2 of part K of chapter 59 of the 5 laws of 2010, is amended to read as follows: 6 3. Failure to answer or appear; entry of order. (a) If the person 7 charged with the violation shall fail to answer the summons as provided 8 herein involving a violation of section three hundred eighty-five of 9 this chapter, the commissioner may suspend such person's license or 10 driving privilege or, if the charge involves a violation of section 11 three hundred eighty-five[, section four hundred one or section five12hundred eleven-a] of this chapter by a registrant who was not the opera- 13 tor of the vehicle, the registration of such vehicle or the privilege of 14 operation of any motor vehicle owned by such registrant may be 15 suspended, until such person shall answer as provided in subdivision two EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11167-08-0A. 7463--B 2 1 of this section. If a person shall fail to appear at a hearing involving 2 a violation of section three hundred eighty-five of this chapter, when 3 such is provided for pursuant to this section, such person's license, or 4 registration or privilege of operating or of operation, as appropriate, 5 may be suspended pending appearance at a subsequent hearing, or the 6 disposition of the charges involved. Any suspension permitted by this 7 subdivision, if already in effect, may be terminated or if not yet in 8 effect, may be withdrawn or withheld, prior to the disposition of the 9 charges involved if such person shall appear and post security in the 10 amount of forty dollars to guarantee his or her appearance at any 11 required hearing. The security posted pursuant to this subdivision shall 12 be returned upon appearance at the scheduled hearing or an adjourned 13 hearing which results in a final disposition of the charge, and other- 14 wise shall be forfeited. If a suspension has been imposed pursuant to 15 this subdivision and the case is subsequently transferred pursuant to 16 subdivision two of section two hundred twenty-five of this article, such 17 suspension shall remain in effect until the person answers the charges 18 in the court to which the case was transferred. Any suspension issued 19 pursuant to this paragraph shall be subject to the provisions of para- 20 graph (j-1) of subdivision two of section five hundred three of this 21 chapter. 22 (b) Failure to answer or appear in accordance with the requirements of 23 this section and any regulations promulgated hereunder shall be deemed 24 an admission to the violation as charged, and an appropriate order may 25 be entered in the department's records, and a fine consistent with the 26 provisions of this chapter and regulations of the commissioner may be 27 imposed by the commissioner or person designated by the commissioner. 28 Prior to entry of an order and imposition of a fine, the commissioner 29 shall notify such person by mail at the address of such person on file 30 with the department or at the current address provided by the United 31 States postal service in accordance with section two hundred fourteen of 32 this [chapter] title: (i) of the violation charged; (ii) of the impend- 33 ing entry of such order and fine; (iii) that such order and fine may be 34 filed as a judgment with the county clerk of the county in which the 35 operator or registrant is located; and (iv) that entry of such order and 36 imposition of such fine may be avoided by entering a plea or making an 37 appearance within thirty days of the sending of such notice. In no case 38 shall such an order and fine be entered and imposed more than two years 39 after the date of the alleged violation. Upon application in such manner 40 and form as the commissioner shall prescribe an order and fine shall be 41 vacated upon the ground of excusable default. 42 § 2. Section 226 of the vehicle and traffic law is amended by adding a 43 new subdivision 1-a to read as follows: 44 1-a. Return date notifications. The commissioner shall notify any 45 person who receives a summons and complaint for any traffic violation 46 specified in subdivision one of section two hundred twenty-five of this 47 article of the time and place of the return date for such summons, no 48 later than one week prior to such return date. The commissioner shall: 49 (a) send such notification by first class mail at the address of such 50 person on file with the department or at the current address provided by 51 the United States postal service in accordance with section two hundred 52 fourteen of this title; and (b) provide an additional notification by 53 text message, electronic mail, or telephone call whenever the commis- 54 sioner has the telephone number or electronic mail address of such 55 person.A. 7463--B 3 1 § 3. Section 1802 of the vehicle and traffic law is amended to read as 2 follows: 3 § 1802. Receipts for fines or bail; installment payment plans. 1. 4 Receipts for fines or bail. Upon receipt of the payment of any fine or 5 penalty collected under a sentence or judgment of conviction of a 6 violation of any of the provisions of this chapter or any local law, 7 ordinance, order, rule or regulation made by local authorities in 8 relation to traffic or the deposit of bail of a person charged with a 9 violation of any such provision, local law, ordinance, order, rule or 10 regulation, the officer or employee receiving such payment or deposit 11 shall issue a receipt therefor when the payment or deposit is made in 12 cash. Whenever any such payment or deposit is made by check, money order 13 or in other property, the officer or employee shall issue a receipt 14 therefor upon request; provided, however, no such receipt shall be 15 issued where a fine or penalty is paid by mail unless the name and 16 address of the payee is known to such officer or employee or enclosed 17 with the payment. 18 2. Installment payment plans. (a) Whenever fines and/or surcharges are 19 imposed upon a natural person upon a conviction of a violation of any of 20 the provisions of this chapter or any local law, ordinance, order, rule 21 or regulation made by local authorities in relation to traffic, or when- 22 ever an order is entered pursuant to subdivision three of section two 23 hundred twenty-seven of this chapter, the court or hearing officer shall 24 offer such person the opportunity to enter into an installment payment 25 plan at no charge for the payment of such fines and/or surcharges and 26 any related fees. Any such installment payment plan shall be comprised 27 of all fines, fees and mandatory surcharges and shall consist of monthly 28 payments that do not exceed two percent of such person's monthly net 29 income or ten dollars per month, whichever is greater. For the purposes 30 of this subdivision, the term "net income" shall mean such person's 31 total income from all sources and assets, minus deductions required by 32 law including but not limited to administrative or court-ordered 33 garnishments and support payments. A court or hearing officer may 34 require the submission of a financial disclosure report, on a form 35 prescribed by the commissioner, from all persons who opt to enter into 36 installment payment plans. A court or hearing officer also may accept 37 payments higher than the set amount, but may not undertake additional 38 collection activity so long as the person meets his or her obligations 39 under the installment payment plan. A court or hearing officer may 40 require persons entering installment payment plans to appear period- 41 ically before such court or hearing officer, but no more frequently than 42 annually, to assess their financial circumstances, and may set a new 43 payment amount if such person's financial circumstances have changed. A 44 person who enters into an installment payment plan and experiences a 45 reduction in income may petition the court or hearing officer at any 46 time to seek a reduction in the monthly payment. 47 (b) The court or hearing officer shall have the discretion in the 48 interests of justice to reduce or waive the amount of any fine, fee or 49 mandatory surcharge assessed for a violation of any of the provisions of 50 this chapter or any local law, ordinance, order, rule or regulation made 51 by local authorities in relation to traffic. 52 (c) A person assessed a fine, fee and/or mandatory surcharge following 53 a conviction for a violation of any of the provisions of this chapter or 54 any local law, ordinance, order, rule or regulation made by local 55 authorities in relation to traffic, or the entering of an order pursuant 56 to subdivision three of section two hundred twenty-seven of this chap-A. 7463--B 4 1 ter, shall be notified of their right to an installment payment plan (a) 2 at the time the summons is issued; (b) at the time of sentencing; and 3 (c) in any communication concerning imposition or collection of a fine, 4 fee or mandatory surcharge. Information about the availability of 5 installment payment plans shall be prominently posted, in a clear and 6 conspicuous manner: at each court and administrative tribunal and its 7 website, if any, and on the commissioner's website. 8 § 4. Paragraph a of subdivision 4 of section 227 of the vehicle and 9 traffic law, as amended by section 7 of part J of chapter 62 of the laws 10 of 2003, is amended to read as follows: 11 a. An order entered upon the failure to answer or appear or after the 12 receipt of an answer admitting the charge or where a determination is 13 made that the charge has been established shall be civil in nature, but 14 shall be treated as a conviction for the purposes of this chapter. The 15 commissioner or his designee may include in such order an imposition of 16 any penalty authorized by any provision of this chapter for a conviction 17 of such violation, except that no penalty therefore shall include impri- 18 sonment, nor, if monetary, exceed the amount of the fine which could 19 have been imposed had the charge been heard by a court. [The] If the 20 charge involves a violation of section three hundred eighty-five of this 21 chapter, the driver's license or privileges may be suspended pending the 22 payment of any penalty so imposed, or, if the charge involves a 23 violation of section three hundred eighty-five [or section four hundred24one] of this chapter by a registrant who was not the operator of the 25 vehicle, the registration of such vehicle or privilege of operation of 26 any motor vehicle owned by such registrant may be suspended pending the 27 payment of any penalty so imposed. Any suspension issued pursuant to 28 this paragraph shall be subject to the provisions of paragraph (j-1) of 29 subdivision two of section five hundred three of this chapter. 30 § 5. Subdivision 4-a of section 510 of the vehicle and traffic law, as 31 added by section 10 of part J of chapter 62 of the laws of 2003 and 32 paragraph (c) as amended by chapter 157 of the laws of 2017, is amended 33 to read as follows: 34 4-a. Suspension for failure to answer an appearance ticket or to pay a 35 fine. (a) Upon receipt of a court notification of the failure of a 36 person to appear within sixty days of the return date or new subsequent 37 adjourned date, pursuant to an appearance ticket charging said person 38 with a violation of any [of the provisions of this chapter (except one39for parking, stopping, or standing), of any] violation of the tax law or 40 of the transportation law regulating traffic [or of any lawful ordinance41or regulation made by a local or public authority, relating to traffic42(except one for parking, stopping, or standing) or the failure to pay a43fine imposed by a court] the commissioner or his or her agent may 44 suspend the driver's license or privileges of such person pending 45 receipt of notice from the court that such person has appeared in 46 response to such appearance ticket or has paid such fine. Such suspen- 47 sion shall take effect no less than thirty days from the day upon which 48 notice thereof is sent by the commissioner to the person whose driver's 49 license or privileges are to be suspended. Any suspension issued pursu- 50 ant to this paragraph shall be subject to the provisions of paragraph 51 (j-l) of subdivision two of section five hundred three of this chapter. 52 (b) The provisions of paragraph (a) of this subdivision shall not 53 apply to a registrant who was not operating a vehicle, but who was 54 issued a summons or an appearance ticket for a violation of section 55 three hundred eighty-five, section four hundred one or section five 56 hundred eleven-a of this chapter. Upon the receipt of a court notifica-A. 7463--B 5 1 tion of the failure of such person to appear within sixty days of the 2 return date or a new subsequent adjourned date, pursuant to an appear- 3 ance ticket charging said person with such violation, or the failure of 4 such person to pay a fine imposed by a court, the commissioner or his or 5 her agent may suspend the registration of the vehicle or vehicles 6 involved in such violation or privilege of operation of any motor vehi- 7 cle owned by the registrant pending receipt of notice from the court 8 that such person has appeared in response to such appearance ticket or 9 has paid such fine. Such suspension shall take effect no less than 10 thirty days from the day upon which notice thereof is sent by the 11 commissioner to the person whose registration or privilege is to be 12 suspended. Any suspension issued pursuant to this paragraph shall be 13 subject to the provisions of paragraph (j-1) of subdivision two of 14 section five hundred three of this chapter. 15 (c) Upon receipt of notification from a traffic and parking violations 16 agency or a traffic violations agency of the failure of a person to 17 appear within sixty days of the return date or new subsequent adjourned 18 date, pursuant to an appearance ticket charging said person with a 19 violation of: 20 (i) [any of the provisions of this chapter except one for parking,21stopping or standing and except those violations described in paragraphs22(a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a),23(b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a),24(b), (d), (e), (f) and (g) of subdivision two-b of section three hundred25seventy-one of the general municipal law;26(ii)] section five hundred two or subdivision (a) of section eighteen 27 hundred fifteen of the tax law; or 28 [(iii)] (ii) section fourteen-f (except paragraph (b) of subdivision 29 four of section fourteen-f), two hundred eleven or two hundred twelve of 30 the transportation law[; or31(iv) any lawful ordinance or regulation made by a local or public32authority relating to traffic (except one for parking, stopping or33standing) or the failure to pay a fine imposed for such a violation by a34traffic and parking violations agency or a traffic violations agency], 35 the commissioner or his or her agent may suspend the driver's license or 36 privileges of such person pending receipt of notice from the agency that 37 such person has appeared in response to such appearance ticket or has 38 paid such fine. Such suspension shall take effect no less than thirty 39 days from the day upon which notice thereof is sent by the commissioner 40 to the person whose driver's license or privileges are to be suspended. 41 Any suspension issued pursuant to this paragraph shall be subject to the 42 provisions of paragraph (j-1) of subdivision two of section five hundred 43 three of this chapter. 44 § 6. Subdivision 3 of section 514 of the vehicle and traffic law, as 45 amended by section 11 of part J of chapter 62 of the laws of 2003 and 46 paragraph (b) as amended by chapter 157 of the laws of 2017, is amended 47 to read as follows: 48 3. (a) Upon the failure of a person to appear or answer, within sixty 49 days of the return date or any subsequent adjourned date, or the failure 50 to pay a fine imposed by a court, pursuant to a summons charging him or 51 her with a violation of any of the provisions of this chapter (except 52 one for parking, stopping or standing), section five hundred two or five 53 hundred twelve of the tax law, section fourteen-f, two hundred eleven or 54 two hundred twelve of the transportation law or of any law, ordinance, 55 rule or regulation made by a local authority, relating to traffic 56 (except for parking, stopping or standing), the trial court or the clerkA. 7463--B 6 1 thereof shall within ten days certify that fact to the commissioner, in 2 the manner and form prescribed by the commissioner, who shall record the 3 same in his or her office. Thereafter and upon the appearance of any 4 such person in response to such summons or the receipt of the fine by 5 the court, the trial court or the clerk thereof shall forthwith certify 6 that fact to the commissioner, in the manner and form prescribed by the 7 commissioner[; provided, however, no such certification shall be made8unless the court has collected the termination of suspension fee9required to be paid pursuant to paragraph (j-1) of subdivision two of10section five hundred three of this chapter]. 11 (b) Upon the failure of a person to appear or answer, within sixty 12 days of the return date or any subsequent adjourned date, or the failure 13 to pay a fine imposed by a traffic and parking violations agency or a 14 traffic violations agency pursuant to a summons charging him or her with 15 a violation of: 16 (1) any of the provisions of this chapter except one for parking, 17 stopping or standing and except those violations described in paragraphs 18 (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), 19 (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), 20 (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred 21 seventy-one of the general municipal law; 22 (2) section five hundred two or subdivision (a) of section eighteen 23 hundred fifteen of the tax law; 24 (3) section fourteen-f (except paragraph (b) of subdivision four of 25 section fourteen-f), two hundred eleven or two hundred twelve of the 26 transportation law; or 27 (4) any lawful ordinance or regulation made by a local or public 28 authority relating to traffic (except one for parking, stopping or 29 standing); 30 the clerk thereof shall within ten days certify that fact to the commis- 31 sioner, in the manner and form prescribed by the commissioner, who shall 32 record the same in his or her office. Thereafter and upon the appearance 33 of any such person in response to such summons or the receipt of the 34 fine by the agency, the traffic and parking violations agency, the traf- 35 fic violations agency or the clerk thereof shall forthwith certify that 36 fact to the commissioner, in the manner and form prescribed by the 37 commissioner[; provided, however, no such certification shall be made38unless the traffic and parking violations agency or the traffic39violations agency has collected the termination of suspension fee40required to be paid pursuant to paragraph (j-1) of subdivision two of41section five hundred three of this chapter]. 42 § 7. Termination of suspension for failure to appear, answer or pay a 43 fine. a. Within three months of the effective date of this section, the 44 commissioner of motor vehicles shall terminate all suspensions of 45 licenses, privileges to operate a motor vehicle and registrations based 46 upon a failure to appear, answer, or pay a fine, penalty or mandatory 47 surcharge pursuant to subdivision 3 of section 226, subdivision 4 of 48 section 227, or subdivision 4-a of section 510 of the vehicle and traf- 49 fic law, in effect prior to the effective date of this section. The 50 commissioner of motor vehicles shall waive all fees and fines associated 51 with the termination of such suspension, including but not limited to 52 those described in subparagraph (i) of paragraph (j-1) of subdivision 2 53 of section 503, subdivision 3 of section 514 and paragraph a of subdivi- 54 sion 4 of section 227 of the vehicle and traffic law, as in existence 55 prior to the effective date of this section. Provided, however, that the 56 provisions of this section shall not apply to suspensions imposed pursu-A. 7463--B 7 1 ant to such sections involving violations of section 385 of the vehicle 2 and traffic law, or any violation of the tax law or of the transporta- 3 tion law regulating traffic. 4 b. Upon termination of suspensions pursuant to this section, the 5 commissioner of motor vehicles shall give the person whose license 6 and/or registration suspension is terminated pursuant to this section a 7 written notification by first class mail to the address of such person 8 on file with the department of motor vehicles or at the current address 9 provided by the United States postal service. Such notice shall inform 10 such person of the termination of the suspension of their license and/or 11 registration, the date of such termination, that continued failure to 12 answer the violation for which the suspension for failure to answer was 13 originally imposed may subject such person to the entry of a guilty plea 14 on their behalf and the rendering of a default judgment of a fine as 15 well as additional enforcement actions including garnishment of wages 16 and personal property, restraining of bank accounts, and the placing of 17 liens on real property, and that unpaid fines can be entered as a civil 18 judgment for enforcement. Such notice also shall provide instructions on 19 how such person can avoid the imposition of such additional plea, 20 default, and enforcement actions. 21 § 8. This act shall take effect on the ninetieth day after it shall 22 have become a law provided, however, sections two and seven of this act 23 shall take effect the first of April next succeeding the date upon which 24 it shall have become a law. Effective immediately, the addition, amend- 25 ment and/or repeal of any rule or regulation necessary for the implemen- 26 tation of this act on its effective date are authorized to be made and 27 completed on or before such effective date.