S05348 Summary:

BILL NOS05348A
 
SAME ASSAME AS A07463-A
 
SPONSORKENNEDY
 
COSPNSRCARLUCCI, FELDER, GIANARIS, KRUEGER, MAY, MONTGOMERY, PARKER, RAMOS, SEPULVEDA
 
MLTSPNSR
 
Add 226-a, 229 & 519, amd 226, 227, 510, 511 & 514, V & T L
 
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.
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S05348 Actions:

BILL NOS05348A
 
04/26/2019REFERRED TO TRANSPORTATION
05/30/2019REPORTED AND COMMITTED TO FINANCE
06/13/2019AMEND (T) AND RECOMMIT TO FINANCE
06/13/2019PRINT NUMBER 5348A
06/19/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/19/2019ORDERED TO THIRD READING CAL.1692
06/19/2019PASSED SENATE
06/19/2019DELIVERED TO ASSEMBLY
06/19/2019referred to codes
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S05348 Committee Votes:

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S05348 Floor Votes:

There are no votes for this bill in this legislative session.
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S05348 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5348--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     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:
 
     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  five
    12  hundred 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
    16  of this section. If a person shall fail to appear at a hearing involving
    17  a violation of section three hundred eighty-five of this  chapter,  when
    18  such is provided for pursuant to this section, such person's license, or
    19  registration  or privilege of operating or of operation, as appropriate,
    20  may be suspended pending appearance at  a  subsequent  hearing,  or  the
    21  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
 
     1  subdivision, if already in effect, may be terminated or if  not  yet  in
     2  effect,  may  be  withdrawn or withheld, prior to the disposition of the
     3  charges involved if such person shall appear and post  security  in  the
     4  amount  of  forty  dollars  to  guarantee  his  or her appearance at any
     5  required hearing. The security posted pursuant to this subdivision shall
     6  be returned upon appearance at the scheduled  hearing  or  an  adjourned
     7  hearing  which  results in a final disposition of the charge, and other-
     8  wise shall be forfeited. If a suspension has been  imposed  pursuant  to
     9  this  subdivision  and  the case is subsequently transferred pursuant to
    10  subdivision two of section two hundred twenty-five of this article, such
    11  suspension shall remain in effect until the person answers  the  charges
    12  in  the  court  to which the case was transferred. Any suspension issued
    13  pursuant to this paragraph shall be subject to the provisions  of  para-
    14  graph  (j-1)  of  subdivision  two of section five hundred three of this
    15  chapter.
    16    (b) Failure to answer or appear in accordance with the requirements of
    17  this section and any regulations promulgated hereunder shall  be  deemed
    18  an  admission  to the violation as charged, and an appropriate order may
    19  be entered in the department's records, and a fine consistent  with  the
    20  provisions  of  this  chapter and regulations of the commissioner may be
    21  imposed by the commissioner or person designated  by  the  commissioner.
    22  Prior  to  entry  of an order and imposition of a fine, the commissioner
    23  shall notify such person by mail at the address of such person  on  file
    24  with  the  department  or  at the current address provided by the United
    25  States postal service in accordance with section two hundred fourteen of
    26  this [chapter] title:  (i) of the violation charged; (ii) of the impend-
    27  ing entry of such order and fine; (iii) that such order and fine may  be
    28  filed  as  a  judgment  with the county clerk of the county in which the
    29  operator or registrant is located; and (iv) that entry of such order and
    30  imposition of such fine may be avoided by entering a plea or  making  an
    31  appearance  within thirty days of the sending of such notice. In no case
    32  shall such an order and fine be entered and imposed more than two  years
    33  after the date of the alleged violation. Upon application in such manner
    34  and  form as the commissioner shall prescribe an order and fine shall be
    35  vacated upon the ground of excusable default.
    36    § 2. The vehicle and traffic law is amended by adding  a  new  section
    37  226-a to read as follows:
    38    §  226-a.  Return  date  notifications.  Subject to appropriation, the
    39  commissioner shall notify any person who receives a summons  or  appear-
    40  ance  ticket for a violation described in subdivision one of section two
    41  hundred twenty-five of this article of the time and place of the  return
    42  date  for  such summons no later than one week prior to the return date.
    43  The commissioner shall (a) send the notification by first class mail  at
    44  the address of such person on file with the department or at the current
    45  address  provided by the United States Postal Service in accordance with
    46  section two hundred fourteen of this title;  and  (b)  in  collaboration
    47  with  state  and  local  law  enforcement agencies, make best efforts to
    48  provide an additional notification by text message, electronic  mail  or
    49  phone  call  using  the  best  available phone number or electronic mail
    50  address for the intended person.
    51    § 3. The vehicle and traffic law is amended by adding  a  new  section
    52  229 to read as follows:
    53    § 229. Reasonable payment plans. 1. The court or hearing officer shall
    54  offer  the opportunity for a reasonable payment plan at no charge to the
    55  person.  A reasonable payment plan shall comprehend all fines, fees  and
    56  mandatory  surcharges  and shall consist of monthly payments that do not

        S. 5348--A                          3
 
     1  exceed two percent of the person's monthly net income or ten dollars per
     2  month, whichever is greater. Monthly net  income  means  total  monetary
     3  payments  from  any  source, minus deductions required by law, including
     4  but  not  limited  to  administrative  or court-ordered garnishments and
     5  support payments. The court or  traffic  violations  agency  may  accept
     6  payments  higher  than  the set amount, but may not undertake additional
     7  collection activity so long as the person meets his or  her  obligations
     8  under  the payment plan. The court or hearing officer may require people
     9  with payment plans to appear periodically, but no more often than  annu-
    10  ally,  to assess their financial circumstances and may set a new payment
    11  amount if the person's financial circumstances have  changed.  A  person
    12  who enters into a payment plan and experiences a reduction in income may
    13  petition the court or hearing officer at any time to seek a reduction in
    14  the monthly payment.
    15    2.  The  court  or  hearing  officer  shall have the discretion in the
    16  interests of justice to reduce or waive the amount of any fine,  fee  or
    17  mandatory surcharge assessed for a violation of any of the provisions of
    18  this chapter.
    19    3.  A  person  assessed  a  fine, fee and/or mandatory surcharge for a
    20  violation of any of the provisions of this chapter shall be notified  of
    21  their right to a reasonable payment plan (a) at the time the citation or
    22  ticket is issued; (b) at the time of sentencing; and (c) in any communi-
    23  cation concerning imposition or collection of the fine, fee or mandatory
    24  surcharge.  Information about the availability of payment plans shall be
    25  prominently posted at each court and traffic violations agency,  on  its
    26  website, if any, and on the commissioner's website.
    27    §  4.  Paragraph  a of subdivision 4 of section 227 of the vehicle and
    28  traffic law, as amended by section 7 of part J of chapter 62 of the laws
    29  of 2003, is amended to read as follows:
    30    a. An order entered upon the failure to answer or appear or after  the
    31  receipt  of  an  answer admitting the charge or where a determination is
    32  made that the charge has been established shall be civil in nature,  but
    33  shall  be  treated as a conviction for the purposes of this chapter. The
    34  commissioner or his designee may include in such order an imposition  of
    35  any penalty authorized by any provision of this chapter for a conviction
    36  of such violation, except that no penalty therefore shall include impri-
    37  sonment,  nor,  if  monetary,  exceed the amount of the fine which could
    38  have been imposed had the charge been heard by a  court.  [The]  If  the
    39  charge involves a violation of section three hundred eighty-five of this
    40  chapter, the driver's license or privileges may be suspended pending the
    41  payment  of  any  penalty  so  imposed,  or,  if  the  charge involves a
    42  violation of section three hundred eighty-five [or section four  hundred
    43  one]  of  this  chapter  by a registrant who was not the operator of the
    44  vehicle, the registration of such vehicle or privilege of  operation  of
    45  any  motor vehicle owned by such registrant may be suspended pending the
    46  payment of any penalty so imposed. Any  suspension  issued  pursuant  to
    47  this  paragraph shall be subject to the provisions of paragraph (j-1) of
    48  subdivision two of section five hundred three of this chapter.
    49    § 5. Subdivision 4-a of section 510 of the vehicle and traffic law, as
    50  added by section 10 of part J of chapter 62 of  the  laws  of  2003  and
    51  paragraph  (c) as amended by chapter 157 of the laws of 2017, is amended
    52  to read as follows:
    53    4-a. Suspension for failure to answer an appearance ticket or to pay a
    54  fine. (a) Upon receipt of a court  notification  of  the  failure  of  a
    55  person  to appear within sixty days of the return date or new subsequent
    56  adjourned date, pursuant to an appearance ticket  charging  said  person

        S. 5348--A                          4
 
     1  with  a  violation of any [of the provisions of this chapter (except one
     2  for parking, stopping, or standing), of any] violation of the tax law or
     3  of the transportation law regulating traffic [or of any lawful ordinance
     4  or  regulation  made by a local or public authority, relating to traffic
     5  (except one for parking, stopping, or standing) or the failure to pay  a
     6  fine  imposed  by  a  court]  the  commissioner  or his or her agent may
     7  suspend the driver's  license  or  privileges  of  such  person  pending
     8  receipt  of  notice  from  the  court  that  such person has appeared in
     9  response to such appearance ticket or has paid such fine.  Such  suspen-
    10  sion  shall take effect no less than thirty days from the day upon which
    11  notice thereof is sent by the commissioner to the person whose  driver's
    12  license  or privileges are to be suspended. Any suspension issued pursu-
    13  ant to this paragraph shall be subject to the  provisions  of  paragraph
    14  (j-l) of subdivision two of section five hundred three of this chapter.
    15    (b)  The  provisions  of  paragraph  (a) of this subdivision shall not
    16  apply to a registrant who was not  operating  a  vehicle,  but  who  was
    17  issued  a  summons  or  an  appearance ticket for a violation of section
    18  three hundred eighty-five, section four  hundred  one  or  section  five
    19  hundred  eleven-a of this chapter. Upon the receipt of a court notifica-
    20  tion of the failure of such person to appear within sixty  days  of  the
    21  return  date  or a new subsequent adjourned date, pursuant to an appear-
    22  ance ticket charging said person with such violation, or the failure  of
    23  such person to pay a fine imposed by a court, the commissioner or his or
    24  her  agent  may  suspend  the  registration  of  the vehicle or vehicles
    25  involved in such violation or privilege of operation of any motor  vehi-
    26  cle  owned  by  the  registrant pending receipt of notice from the court
    27  that such person has appeared in response to such appearance  ticket  or
    28  has  paid  such  fine.    Such suspension shall take effect no less than
    29  thirty days from the day upon  which  notice  thereof  is  sent  by  the
    30  commissioner  to  the  person  whose  registration or privilege is to be
    31  suspended. Any suspension issued pursuant to  this  paragraph  shall  be
    32  subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
    33  section five hundred three of this chapter.
    34    (c) Upon receipt of notification from a traffic and parking violations
    35  agency or a traffic violations agency of the  failure  of  a  person  to
    36  appear  within sixty days of the return date or new subsequent adjourned
    37  date, pursuant to an appearance  ticket  charging  said  person  with  a
    38  violation of:
    39    (i)  [any  of  the  provisions of this chapter except one for parking,
    40  stopping or standing and except those violations described in paragraphs
    41  (a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
    42  (b),  (d),  (e), (f) and (g) of subdivision two-a and in paragraphs (a),
    43  (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
    44  seventy-one of the general municipal law;
    45    (ii)] section five hundred two or subdivision (a) of section  eighteen
    46  hundred fifteen of the tax law; or
    47    [(iii)]  (ii)  section fourteen-f (except paragraph (b) of subdivision
    48  four of section fourteen-f), two hundred eleven or two hundred twelve of
    49  the transportation law[; or
    50    (iv) any lawful ordinance or regulation made  by  a  local  or  public
    51  authority  relating  to  traffic  (except  one  for parking, stopping or
    52  standing) or the failure to pay a fine imposed for such a violation by a
    53  traffic and parking violations agency or a traffic  violations  agency],
    54  the commissioner or his or her agent may suspend the driver's license or
    55  privileges of such person pending receipt of notice from the agency that
    56  such  person  has  appeared in response to such appearance ticket or has

        S. 5348--A                          5
 
     1  paid such fine. Such suspension shall take effect no  less  than  thirty
     2  days  from the day upon which notice thereof is sent by the commissioner
     3  to the person whose driver's license or privileges are to be  suspended.
     4  Any suspension issued pursuant to this paragraph shall be subject to the
     5  provisions of paragraph (j-1) of subdivision two of section five hundred
     6  three of this chapter.
     7    §  6. Paragraph (a) of subdivision 2 of section 511 of the vehicle and
     8  traffic law, as amended by chapter 607 of the laws of 1993 and  subpara-
     9  graph  (ii) as amended by chapter 196 of the laws of 1996, is amended to
    10  read as follows:
    11    (a) A person is guilty of the offense of aggravated unlicensed  opera-
    12  tion  of  a  motor vehicle in the second degree when such person commits
    13  the offense of aggravated unlicensed operation of a motor vehicle in the
    14  third degree as defined in subdivision one of this section; and
    15    (i) has previously been convicted of an offense that  consists  of  or
    16  includes  the elements comprising the offense committed within the imme-
    17  diately preceding eighteen months; or
    18    (ii) the suspension or revocation is based upon a refusal to submit to
    19  a chemical test pursuant to section eleven hundred ninety-four  of  this
    20  chapter, a finding of driving after having consumed alcohol in violation
    21  of  section  eleven  hundred  ninety-two-a  of  this  chapter  or upon a
    22  conviction for a violation of any of the provisions  of  section  eleven
    23  hundred ninety-two of this chapter; or
    24    (iii) the suspension was a mandatory suspension pending prosecution of
    25  a  charge  of  a  violation of section eleven hundred ninety-two of this
    26  chapter ordered pursuant to paragraph (e) of subdivision two of  section
    27  eleven  hundred  ninety-three of this chapter or other similar statute[;
    28  or
    29    (iv) such person has in effect three or more suspensions,  imposed  on
    30  at  least  three  separate dates, for failure to answer, appear or pay a
    31  fine, pursuant to subdivision three of section two hundred twenty-six or
    32  subdivision four-a of section five hundred ten of this chapter].
    33    § 7. Paragraph (a) of subdivision 3 of section 511 of the vehicle  and
    34  traffic  law, as amended by chapter 732 of the laws of 2006 and subpara-
    35  graph (iii) as amended and subparagraph (iv) as added by chapter 169  of
    36  the laws of 2013, is amended to read as follows:
    37    (a)  A person is guilty of the offense of aggravated unlicensed opera-
    38  tion of a motor vehicle in  the  first  degree  when  such  person:  (i)
    39  commits  the offense of aggravated unlicensed operation of a motor vehi-
    40  cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
    41  of paragraph (a) of subdivision two of this section and is  operating  a
    42  motor  vehicle  while  under  the  influence  of  alcohol  or  a drug in
    43  violation of subdivision one, two, two-a, three, four, four-a or five of
    44  section eleven hundred ninety-two of this chapter; or
    45    (ii) [commits the offense of  aggravated  unlicensed  operation  of  a
    46  motor  vehicle in the third degree as defined in subdivision one of this
    47  section; and is operating a motor  vehicle  while  such  person  has  in
    48  effect  ten  or more suspensions, imposed on at least ten separate dates
    49  for failure to answer, appear or pay a  fine,  pursuant  to  subdivision
    50  three  of  section two hundred twenty-six of this chapter or subdivision
    51  four-a of section five hundred ten of this article; or
    52    (iii)] commits the offense of aggravated  unlicensed  operation  of  a
    53  motor  vehicle in the third degree as defined in subdivision one of this
    54  section; and is operating a motor vehicle while under permanent  revoca-
    55  tion as set forth in subparagraph twelve of paragraph (b) of subdivision
    56  two of section eleven hundred ninety-three of this chapter; or

        S. 5348--A                          6
 
     1    [(iv)]  (iii)  operates  a  motor  vehicle upon a public highway while
     2  holding a conditional license issued pursuant to paragraph (a) of subdi-
     3  vision seven of section eleven hundred ninety-six of this chapter  while
     4  under  the  influence  of  alcohol or a drug in violation of subdivision
     5  one,  two,  two-a, three, four, four-a or five of section eleven hundred
     6  ninety-two of this chapter.
     7    § 8. Subdivision 3 of section 514 of the vehicle and traffic  law,  as
     8  amended  by  section  11 of part J of chapter 62 of the laws of 2003 and
     9  paragraph (b) as amended by chapter 157 of the laws of 2017, is  amended
    10  to read as follows:
    11    3.  (a) 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 court, pursuant to a summons charging him  or
    14  her  with  a  violation of any of the provisions of this chapter (except
    15  one for parking, stopping or standing), section five hundred two or five
    16  hundred twelve of the tax law, section fourteen-f, two hundred eleven or
    17  two hundred twelve of the transportation law or of any  law,  ordinance,
    18  rule  or  regulation  made  by  a  local  authority, relating to traffic
    19  (except for parking, stopping or standing), the trial court or the clerk
    20  thereof shall within ten days certify that fact to the commissioner,  in
    21  the manner and form prescribed by the commissioner, who shall record the
    22  same  in  his  or  her office. Thereafter and upon the appearance of any
    23  such person in response to such summons or the receipt of  the  fine  by
    24  the  court, the trial court or the clerk thereof shall forthwith certify
    25  that fact to the commissioner, in the manner and form prescribed by  the
    26  commissioner[;  provided,  however,  no such certification shall be made
    27  unless the  court  has  collected  the  termination  of  suspension  fee
    28  required  to  be  paid pursuant to paragraph (j-1) of subdivision two of
    29  section five hundred three of this chapter].
    30    (b) Upon the failure of a person to appear  or  answer,  within  sixty
    31  days of the return date or any subsequent adjourned date, or the failure
    32  to  pay  a  fine imposed by a traffic and parking violations agency or a
    33  traffic violations agency pursuant to a summons charging him or her with
    34  a violation of:
    35    (1) any of the provisions of this  chapter  except  one  for  parking,
    36  stopping or standing and except those violations described in paragraphs
    37  (a),  (b),  (d),  (e)  and (f) of subdivision two and in paragraphs (a),
    38  (b), (d), (e), (f) and (g) of subdivision two-a and in  paragraphs  (a),
    39  (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
    40  seventy-one of the general municipal law;
    41    (2)  section  five  hundred two or subdivision (a) of section eighteen
    42  hundred fifteen of the tax law;
    43    (3) section fourteen-f (except paragraph (b) of  subdivision  four  of
    44  section  fourteen-f),  two  hundred  eleven or two hundred twelve of the
    45  transportation law; or
    46    (4) any lawful ordinance or regulation  made  by  a  local  or  public
    47  authority  relating  to  traffic  (except  one  for parking, stopping or
    48  standing);
    49  the clerk thereof shall within ten days certify that fact to the commis-
    50  sioner, in the manner and form prescribed by the commissioner, who shall
    51  record the same in his or her office. Thereafter and upon the appearance
    52  of any such person in response to such summons or  the  receipt  of  the
    53  fine by the agency, the traffic and parking violations agency, the traf-
    54  fic  violations agency or the clerk thereof shall forthwith certify that
    55  fact to the commissioner, in the  manner  and  form  prescribed  by  the
    56  commissioner[;  provided,  however,  no such certification shall be made

        S. 5348--A                          7

     1  unless  the  traffic  and  parking  violations  agency  or  the  traffic
     2  violations  agency  has  collected  the  termination  of  suspension fee
     3  required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
     4  section five hundred three of this chapter].
     5    §  9.  The  vehicle and traffic law is amended by adding a new section
     6  519 to read as follows:
     7    § 519. Termination of suspensions for failure to answer or failure  to
     8  pay.  Within  three  months  of  the effective date of this section, the
     9  commissioner shall terminate all suspensions of licenses, privileges  to
    10  operate a motor vehicle and registrations based upon a failure to answer
    11  an  appearance  ticket  or  summons or failure to pay a fine, penalty or
    12  mandatory surcharge pursuant to subdivision three of section two hundred
    13  twenty-six, subdivision four of section  two  hundred  twenty-seven,  or
    14  subdivision  four-a of section five hundred ten of this chapter, then in
    15  effect, exclusive of fines, penalties or surcharges  for  violations  of
    16  provisions  of  this  chapter  that remain in effect after the effective
    17  date of this section. The commissioner shall waive all fees  and  penal-
    18  ties  associated with the termination of a suspension, including but not
    19  limited to those described in subparagraph (i)  of  paragraph  (j-1)  of
    20  subdivision  two  of  section  five  hundred three, subdivision three of
    21  section five hundred fourteen and paragraph a  of  subdivision  four  of
    22  section  two hundred twenty-seven of this chapter, as in existence prior
    23  to the effective date of this section.
    24    § 10. This act shall take effect on the ninetieth day after  it  shall
    25  have  become  a law provided, however, sections two and nine of this act
    26  shall take effect the first of April next succeeding the date upon which
    27  it shall have become a law.  Effective immediately, the addition, amend-
    28  ment and/or repeal of any rule or regulation necessary for the implemen-
    29  tation of this act on its effective date are authorized to be  made  and
    30  completed on or before such effective date.
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