Bill Text: NY A06409 | 2017-2018 | 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 - Dead) 2018-01-03 - referred to transportation [A06409 Detail]
Download: New_York-2017-A06409-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6409 2017-2018 Regular Sessions IN ASSEMBLY March 7, 2017 ___________ Introduced by M. of A. HUNTER -- read once and referred to the Committee on Transportation 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 Subdivision 4-e of section 510 of the vehicle and traffic 2 law is REPEALED. 3 § 2. Subdivision 4-f of section 510 of the vehicle and traffic law is 4 REPEALED. 5 § 3. Subdivision 7 of section 511 of the vehicle and traffic law is 6 REPEALED. 7 § 4.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 19 operation of a commercial motor vehicle. A restricted use license shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09695-02-7A. 6409 2 1 not be valid for the operation of a vehicle for hire as a taxicab, 2 livery, coach, limousine, van or wheelchair accessible van or tow truck 3 where the holder thereof had his or her drivers license suspended or 4 revoked and (i) such suspension or revocation is mandatory pursuant to 5 the provisions of subdivision two or two-a of section five hundred ten 6 of this title; or (ii) any such suspension is permissive for habitual or 7 persistent violations of this chapter or any local law relating to traf- 8 fic as set forth in paragraph d or i of subdivision three of section 9 five hundred ten of this title; or (iii) any such suspension is permis- 10 sive and has been imposed by a magistrate, justice or judge of any city, 11 town or village, any supreme court justice, any county judge, or judge 12 of a district court. [Except for a commercial motor vehicle as defined13in subdivision four of section five hundred one-a of this title, the14restrictions on types of vehicles which may be operated with a15restricted license contained in this subdivision shall not be applicable16to a restricted license issued to a person whose license has been17suspended pursuant to paragraph three of subdivision four-e of section18five hundred ten of this title.] 19 § 5. Subdivisions 5-a and 5-b of section 530 of the vehicle and traf- 20 fic law are REPEALED. 21 § 6. Subdivision 2 of section 454 of the family court act, as amended 22 by chapter 892 of the laws of 1986, paragraph (e) as added by chapter 81 23 of the laws of 1995, paragraph (f) as amended and paragraph (g) as added 24 by chapter 398 of the laws of 1997, paragraph (h) as added by chapter 25 214 of the laws of 1998, and paragraph (i) as added by chapter 592 of 26 the laws of 2011, is amended to read as follows: 27 2. Upon a finding that a respondent has failed to comply with any 28 lawful order of support: 29 (a) the court shall enter a money judgment under section four hundred 30 sixty of this article; and 31 (b) the court may make an income deduction order for support enforce- 32 ment under section fifty-two hundred forty-two of the civil practice law 33 and rules. If such income deduction order is made, suspension or revoca- 34 tion of an individual's driver's license for non-payment of child 35 support shall be disallowed; 36 (c) the court may require the respondent to post an undertaking under 37 section four hundred seventy-one of this article; 38 (d) the court may make an order of sequestration under section four 39 hundred fifty-seven of this article. 40 (e) [the court may suspend the respondent's driving privileges pursu-41ant to section four hundred fifty-eight-a of this article.42(f)] the court may suspend the respondent's state professional or 43 business license pursuant to section four hundred [fifty-eight-b] 44 fifty-eight-a of this article; 45 [(g)] (f) the court may suspend the recreational license or licenses 46 of the respondent pursuant to section four hundred [fifty-eight-c] 47 fifty-eight-b of this article. 48 [(h)] (g) the court may require the respondent, if the persons for 49 whom the respondent has failed to pay support are applicants for or 50 recipients of public assistance, to participate in work activities as 51 defined in title nine-B of article five of the social services law. 52 Those respondents ordered to participate in work activities need not be 53 applicants for or recipients of public assistance. 54 [(i)] (h) except as otherwise provided in paragraph [(h)] (g) of this 55 subdivision, the court may require the respondent to participate in job 56 training, employment counseling or other programs designed to lead toA. 6409 3 1 employment if authorized pursuant to section four hundred thirty-seven-a 2 of this article provided such programs are available. 3 § 7. Section 458-a of the family court act is REPEALED. 4 § 8. Section 458-b of the family court act is renumbered section 5 458-a. 6 § 9. Section 458-c of the family court act is renumbered section 7 458-b. 8 § 10. Subdivision (f) of section 115 of the family court act, as 9 amended by chapter 398 of the laws of 1997, is amended to read as 10 follows: 11 (f) The family court has jurisdiction to direct the commencement of 12 proceedings to suspend the driving privileges, recreational licenses and 13 permits, and license, permit, registration or authority to practice of 14 persons who are delinquent in their child or combined child and spousal 15 support obligations or persons who have failed, after receiving appro- 16 priate notice, to comply with summonses, subpoenas or warrants relating 17 to paternity and child support proceedings as set forth in sections four 18 hundred fifty-eight-a, four hundred fifty-eight-b, [four hundred fifty-19eight-c, five hundred forty-eight-a,] five hundred forty-eight-b, and 20 five forty-eight-c of this act. Such jurisdiction shall include juris- 21 diction over all boards, departments, authorities or offices of the 22 state for the purposes of implementing such section. 23 § 11. Subdivision 5 of section 454 of the family court act is 24 REPEALED. 25 § 12. Section 244-b of the domestic relations law is REPEALED. 26 § 13. Subdivision 12 of section 111-b of the social services law is 27 REPEALED. 28 § 14. Subdivision 7 of section 336 of the social services law, as 29 amended by chapter 214 of the laws of 1998, is amended to read as 30 follows: 31 7. In accordance with the provisions of paragraph [(h)] (g) of subdi- 32 vision two of section four hundred fifty-four of the family court act or 33 as otherwise required by the court, the court may assign to work activ- 34 ities the non-custodial parents of children receiving public assistance 35 and require a report to such court of any failure of said parent to 36 comply with the requirements of such program. 37 § 15. Section 171-v of the tax law is REPEALED. 38 § 16. Paragraph (a) of subdivision 4 of section 119 of the alcoholic 39 beverage control law, as amended by chapter 398 of the laws of 1997, is 40 amended to read as follows: 41 (a) The provisions of this subdivision shall apply in all cases of 42 licensee or permittee failure after receiving appropriate notice, to 43 comply with a summons, subpoena or warrant relating to a paternity or 44 child support proceeding and arrears in payment of child support or 45 combined child and spousal support referred to the authority by a court 46 pursuant to the requirements of section two hundred forty-four-c of the 47 domestic relations law or pursuant to section four hundred 48 [fifty-eight-b] fifty-eight-a or five hundred forty-eight-b of the fami- 49 ly court act. 50 § 17. Subdivision 1 of section 6509-b of the education law, as added 51 by chapter 81 of the laws of 1995, is amended to read as follows: 52 1. The provisions of this section shall apply in all cases of licensee 53 or registrant arrears in payment of child support or combined child and 54 spousal support referred to the board of regents by a court pursuant to 55 the requirements of section two hundred forty-four-c of the domesticA. 6409 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.