S00146 Summary:

BILL NOS00146
 
SAME ASSAME AS A08253
 
SPONSORGIANARIS
 
COSPNSRADDABBO, BRESLIN, HOYLMAN-SIGAL, KRUEGER, PARKER, STAVISKY
 
MLTSPNSR
 
Add §403-c, V & T L
 
Requires the surrender of registration and license plates for a suspended or revoked license.
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S00146 Actions:

BILL NOS00146
 
01/04/2023REFERRED TO TRANSPORTATION
01/03/2024REFERRED TO TRANSPORTATION
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S00146 Committee Votes:

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S00146 Floor Votes:

There are no votes for this bill in this legislative session.
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S00146 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           146
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by Sens. GIANARIS, ADDABBO, BRESLIN, HOYLMAN, KRUEGER, PARK-
          ER, STAVISKY -- 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  surren-
          der  of  number plates of all motor vehicles which a person has regis-
          tered where such person has a suspended or revoked license
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 403-c to read as follows:
     3    § 403-c. Surrender of registration and number plates. 1.   Any  person
     4  who  has  had their license suspended or revoked pursuant to subdivision
     5  two or two-a of section five hundred ten or subdivision one or three  of
     6  section  five  hundred ten-a of this chapter for conduct relating to the
     7  operation of a motor vehicle  shall  surrender  to  the  department  the
     8  number  plates  of  all  motor vehicles which such person has registered
     9  pursuant to this article, and shall have any motor vehicle registrations
    10  which belong to such person suspended. Such surrender of  number  plates
    11  and  vehicle suspension or suspensions shall remain in effect as long as
    12  the suspension or revocation of such driver's license.
    13    2. All motor vehicles registered to such person shall  not  be  regis-
    14  tered  or  reregistered in the name of such person, or in any other name
    15  where the commissioner has  reasonable  grounds  to  believe  that  such
    16  registration  or  reregistration  will  have the effect of defeating the
    17  purposes of this section, and no other motor vehicle shall be registered
    18  in the name of such person during the period of such suspension.
    19    3. Except as provided in subdivision  five  of  section  four  hundred
    20  twenty-eight  of  this  title, refunds of fees assessed pursuant to this
    21  article and article fourteen-A of this title shall not be provided  when
    22  suspension is mandated pursuant to subdivision one of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01888-01-3

        S. 146                              2
 
     1    4. a. The commissioner or his or her duly authorized agent shall noti-
     2  fy each person whose license has been suspended or revoked of his or her
     3  obligation  to  surrender  the number plates of any motor vehicles which
     4  such person has registered pursuant to this article, and of the  suspen-
     5  sion of any vehicle registrations in his or her name.
     6    b.  Such notice shall include the name and address of the person whose
     7  license has been suspended or revoked, the vehicle  registration  number
     8  or  numbers  which  are  suspended,  the number plates of the vehicle or
     9  vehicles which must be surrendered, the infraction, infractions, offense
    10  and/or offenses for which  the  registration  is  suspended  and  number
    11  plates  must  be surrendered, and the dates and times of the convictions
    12  for such infractions and/or offenses.
    13    c. The notice shall also contain a warning advising the person of  the
    14  consequences of failure to surrender number plates.
    15    d.  The notice required by this subdivision shall be provided by first
    16  class mail to the registrant of the motor vehicle within thirty days  of
    17  the license suspension or revocation.
    18    e.  Such  person shall surrender any number plates for any vehicle for
    19  which the person is the registrant within  fourteen  days  of  receiving
    20  notice  from  the  department.  Failure  to surrender number plates upon
    21  notice shall constitute an infraction, punishable upon conviction  by  a
    22  fine  not less than one hundred fifty dollars nor more than five hundred
    23  dollars or imprisonment for not more than fifteen days or both such fine
    24  and imprisonment.
    25    5. A waiver of the provisions of subdivisions  one  and  two  of  this
    26  section  shall be available for motor vehicles which are jointly used by
    27  spouses or other immediate family members if the implementation of  such
    28  subdivision would result in an extreme hardship for the spouse or family
    29  member  whose license has not been suspended or revoked.  To be eligible
    30  for an extreme hardship exception, a duly licensed spouse  or  immediate
    31  family  member  must furnish proof acceptable to the commissioner or his
    32  or her duly authorized agent that he or she jointly uses a motor vehicle
    33  whose registration and number  plates  would  otherwise  be  subject  to
    34  suspension  or  surrender  pursuant  to  subdivision  one or two of this
    35  section. Acceptable proof shall include without limitation the spouse or
    36  immediate family member being named in a policy of  liability  insurance
    37  for  the  motor vehicle pursuant to article seven of this chapter before
    38  the date of conviction, and any additional factors that the commissioner
    39  or his or her duly authorized agent deems necessary to  establish  joint
    40  use.  The  commissioner or his or her duly authorized agent shall deter-
    41  mine whether an individual qualifies  as  an  immediate  family  member,
    42  provided  that such definition of immediate family members shall include
    43  without limitation domestic partners as defined in section four  of  the
    44  workers' compensation law and any children of the registrant.
    45    § 2. This act shall take effect on the one hundred eightieth day after
    46  it shall have become a law.
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