Bill Text: NY A01735 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to disallowing suspension or revocation of an individual's driver's license for non-payment of child support or taxes.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-01-16 - referred to transportation [A01735 Detail]

Download: New_York-2019-A01735-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1735
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced   by   M.   of   A.   HUNTER,  COOK,  CRESPO,  BLAKE,  VANEL,
          PEOPLES-STOKES -- read once and referred to the Committee on Transpor-
          tation
        AN ACT to amend the vehicle and traffic law, the family court  act,  the
          social services law, the alcoholic beverage control law, the education
          law,  the  judiciary  law  and  the  real property law, in relation to
          disallowing suspension  or  revocation  of  an  individual's  driver's
          license  for  non-payment  of  child  support  or taxes; and to repeal
          certain provisions of the vehicle and traffic law,  the  family  court
          act,  the  domestic relations law, the social services law and the tax
          law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 4-e of section 510 of the vehicle and traffic
     2  law is REPEALED.
     3    § 2. Subdivision 4-f of section 510 of the vehicle and traffic law  is
     4  REPEALED.
     5    §  3.  Subdivision  7 of section 511 of the vehicle and traffic law is
     6  REPEALED.
     7    § 4. Subdivision 5 of section 530 of the vehicle and traffic  law,  as
     8  amended  by  section 31 of part LL of chapter 56 of the laws of 2010, is
     9  amended to read as follows:
    10    (5) A restricted use license or privilege shall be valid for the oper-
    11  ation of any motor vehicle, except a vehicle  for  hire  as  a  taxicab,
    12  livery,  coach, limousine, van or wheelchair accessible van or tow truck
    13  as defined in this chapter subject to the conditions set  forth  herein,
    14  which  the holder would otherwise be entitled to operate had his drivers
    15  license or privilege not  been  suspended  or  revoked.  Notwithstanding
    16  anything to the contrary in a certificate of relief from disabilities or
    17  a certificate of good conduct issued pursuant to article twenty-three of
    18  the  correction law, a restricted use license shall not be valid for the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04866-01-9

        A. 1735                             2
     1  operation of a commercial motor vehicle. A restricted use license  shall
     2  not  be  valid  for  the  operation  of a vehicle for hire as a taxicab,
     3  livery, coach, limousine, van or wheelchair accessible van or tow  truck
     4  where  the  holder  thereof  had his or her drivers license suspended or
     5  revoked and (i) such suspension or revocation is mandatory  pursuant  to
     6  the  provisions  of subdivision two or two-a of section five hundred ten
     7  of this title; or (ii) any such suspension is permissive for habitual or
     8  persistent violations of this chapter or any local law relating to traf-
     9  fic as set forth in paragraph d or i of  subdivision  three  of  section
    10  five  hundred ten of this title; or (iii) any such suspension is permis-
    11  sive and has been imposed by a magistrate, justice or judge of any city,
    12  town or village, any supreme court justice, any county judge,  or  judge
    13  of  a  district court. [Except for a commercial motor vehicle as defined
    14  in subdivision four of section five hundred one-a  of  this  title,  the
    15  restrictions  on  types  of  vehicles  which  may  be  operated  with  a
    16  restricted license contained in this subdivision shall not be applicable
    17  to a restricted license issued  to  a  person  whose  license  has  been
    18  suspended  pursuant  to paragraph three of subdivision four-e of section
    19  five hundred ten of this title.]
    20    § 5. Subdivisions 5-a and 5-b of section 530 of the vehicle and  traf-
    21  fic law are REPEALED.
    22    §  6. Subdivision 2 of section 454 of the family court act, as amended
    23  by chapter 892 of the laws of 1986, paragraph (e) as added by chapter 81
    24  of the laws of 1995, paragraph (f) as amended and paragraph (g) as added
    25  by chapter 398 of the laws of 1997, paragraph (h) as  added  by  chapter
    26  214  of  the  laws of 1998, and paragraph (i) as added by chapter 592 of
    27  the laws of 2011, is amended to read as follows:
    28    2. Upon a finding that a respondent has  failed  to  comply  with  any
    29  lawful order of support:
    30    (a)  the court shall enter a money judgment under section four hundred
    31  sixty of this article; and
    32    (b) the court may make an income deduction order for support  enforce-
    33  ment under section fifty-two hundred forty-two of the civil practice law
    34  and rules. If such income deduction order is made, suspension or revoca-
    35  tion  of  an  individual's  driver's  license  for  non-payment of child
    36  support shall be disallowed;
    37    (c) the court may require the respondent to post an undertaking  under
    38  section four hundred seventy-one of this article;
    39    (d)  the  court  may make an order of sequestration under section four
    40  hundred fifty-seven of this article.
    41    (e) [the court may suspend the respondent's driving privileges  pursu-
    42  ant to section four hundred fifty-eight-a of this article.
    43    (f)]  the  court  may  suspend  the respondent's state professional or
    44  business  license  pursuant  to  section  four  hundred  [fifty-eight-b]
    45  fifty-eight-a of this article;
    46    [(g)]  (f)  the court may suspend the recreational license or licenses
    47  of the respondent  pursuant  to  section  four  hundred  [fifty-eight-c]
    48  fifty-eight-b of this article.
    49    [(h)]  (g)  the  court  may require the respondent, if the persons for
    50  whom the respondent has failed to pay  support  are  applicants  for  or
    51  recipients  of  public  assistance, to participate in work activities as
    52  defined in title nine-B of article five  of  the  social  services  law.
    53  Those  respondents ordered to participate in work activities need not be
    54  applicants for or recipients of public assistance.
    55    [(i)] (h) except as otherwise provided in paragraph [(h)] (g) of  this
    56  subdivision,  the court may require the respondent to participate in job

        A. 1735                             3
     1  training, employment counseling or other programs designed  to  lead  to
     2  employment if authorized pursuant to section four hundred thirty-seven-a
     3  of this article provided such programs are available.
     4    § 7. Section 458-a of the family court act is REPEALED.
     5    §  8.  Section  458-b  of  the  family court act is renumbered section
     6  458-a.
     7    § 9. Section 458-c of the  family  court  act  is  renumbered  section
     8  458-b.
     9    §  10.  Subdivision  (f)  of  section  115 of the family court act, as
    10  amended by chapter 398 of the laws  of  1997,  is  amended  to  read  as
    11  follows:
    12    (f)  The  family  court has jurisdiction to direct the commencement of
    13  proceedings to suspend the driving privileges, recreational licenses and
    14  permits, and license, permit, registration or authority to  practice  of
    15  persons  who are delinquent in their child or combined child and spousal
    16  support obligations or persons who have failed, after  receiving  appro-
    17  priate  notice, to comply with summonses, subpoenas or warrants relating
    18  to paternity and child support proceedings as set forth in sections four
    19  hundred fifty-eight-a, four hundred fifty-eight-b, [four hundred  fifty-
    20  eight-c,  five  hundred  forty-eight-a,] five hundred forty-eight-b, and
    21  five forty-eight-c of this act. Such jurisdiction shall  include  juris-
    22  diction  over  all  boards,  departments,  authorities or offices of the
    23  state for the purposes of implementing such section.
    24    § 11. Subdivision 5  of  section  454  of  the  family  court  act  is
    25  REPEALED.
    26    § 12. Section 244-b of the domestic relations law is REPEALED.
    27    §  13.  Subdivision  12 of section 111-b of the social services law is
    28  REPEALED.
    29    § 14. Subdivision 7 of section 336 of  the  social  services  law,  as
    30  amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
    31  follows:
    32    7. In accordance with the provisions of paragraph [(h)] (g) of  subdi-
    33  vision two of section four hundred fifty-four of the family court act or
    34  as  otherwise required by the court, the court may assign to work activ-
    35  ities the non-custodial parents of children receiving public  assistance
    36  and  require  a  report  to  such court of any failure of said parent to
    37  comply with the requirements of such program.
    38    § 15. Section 171-v of the tax law is REPEALED.
    39    § 16. Paragraph (a) of subdivision 4 of section 119 of  the  alcoholic
    40  beverage  control law, as amended by chapter 398 of the laws of 1997, is
    41  amended to read as follows:
    42    (a)  The provisions of this subdivision shall apply in  all  cases  of
    43  licensee  or  permittee  failure  after receiving appropriate notice, to
    44  comply with a summons, subpoena or warrant relating to  a  paternity  or
    45  child  support  proceeding  and  arrears  in payment of child support or
    46  combined child and spousal support referred to the authority by a  court
    47  pursuant  to the requirements of section two hundred forty-four-c of the
    48  domestic  relations  law   or   pursuant   to   section   four   hundred
    49  [fifty-eight-b] fifty-eight-a or five hundred forty-eight-b of the fami-
    50  ly court act.
    51    §  17.  Subdivision 1 of section 6509-b of the education law, as added
    52  by chapter 81 of the laws of 1995, is amended to read as follows:
    53    1. The provisions of this section shall apply in all cases of licensee
    54  or registrant arrears in payment of child support or combined child  and
    55  spousal  support referred to the board of regents by a court pursuant to
    56  the requirements of section two hundred  forty-four-c  of  the  domestic

        A. 1735                             4
     1  relations  law  or  pursuant  to  section  four  hundred [fifty-eight-b]
     2  fifty-eight-a of the family court act.
     3    §  18.  Subdivision 1 of section 6509-c of the education law, as added
     4  by chapter 398 of the laws of 1997, is amended to read as follows:
     5    1.  The provisions of this section shall apply in all cases of  licen-
     6  see  or registrant failure after receiving appropriate notice, to comply
     7  with a summons, subpoena or warrant relating to  a  paternity  or  child
     8  support  proceeding referred to the board of regents by a court pursuant
     9  to the requirements of section two hundred forty-four-c of the  domestic
    10  relations  law  or  pursuant  to  section  four  hundred [fifty-eight-b]
    11  fifty-eight-a or five hundred forty-eight-b of the family court act.
    12    § 19. Paragraph a of subdivision 2-a of section 90  of  the  judiciary
    13  law,  as  amended by chapter 398 of the laws of 1997, is amended to read
    14  as follows:
    15    a. The provisions of this subdivision shall apply in all cases  of  an
    16  attorney  licensed, registered or admitted to practice in this state who
    17  has failed after receiving appropriate notice, to comply with a summons,
    18  subpoena or warrant relating to a paternity or child support  proceeding
    19  involving  him  or  her  personally,  or who is in arrears in payment of
    20  child support or combined child and spousal support which  matter  shall
    21  be referred to the appropriate appellate division by a court pursuant to
    22  the  requirements  of  section  two hundred forty-four-c of the domestic
    23  relations law  or  pursuant  to  section  four  hundred  [fifty-eight-b]
    24  fifty-eight-a or five hundred forty-eight-b of the family court act.
    25    §  20.  Subparagraph  (i) of paragraph (b) of subdivision 1 of section
    26  441-c of the real property law, as amended by chapter 398 of the laws of
    27  1997, is amended to read as follows:
    28    (i)  The provisions of this paragraph shall  apply  in  all  cases  of
    29  licensed  broker  or  licensed salesman who have failed, after receiving
    30  appropriate notice, to comply with a summons, subpoena or warrant relat-
    31  ing to a paternity or child support  proceeding  or  is  in  arrears  in
    32  payment  of child support or combined child and spousal support referred
    33  to the department by a court pursuant to the requirements of section two
    34  hundred forty-four-c of  the  domestic  relations  law  or  pursuant  to
    35  section  four  hundred  [fifty-eight-b]  fifty-eight-a  or  five hundred
    36  forty-eight-b of the family court act.
    37    § 21. Section 548-a of the family court act is REPEALED.
    38    § 22. This act shall take effect immediately, provided, however,  that
    39  the  amendments to subdivision 5 of section 530 of the vehicle and traf-
    40  fic law made by section four of this act shall not affect the expiration
    41  of such subdivision and shall be deemed to expire therewith.
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