Bill Text: NY S02558 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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; stops enforcement actions for failure to pay a fine and makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-03-09 - SIGNED CHAP.76 [S02558 Detail]

Download: New_York-2021-S02558-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2558

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 21, 2021
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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; and to amend
          chapter  382  of the laws of 2020 amending the vehicle and traffic law
          relating to the suspension of a license to drive a  motor  vehicle  or
          motorcycle,  in  relation  to  the  suspension of a license to drive a
          motor vehicle or motorcycle and the effectiveness thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (a) of subdivision 3 of section 226 of the vehi-
     2  cle and traffic law, as amended by chapter 382 of the laws of  2020,  is
     3  amended to read as follows:
     4    (a)  If the person charged with the violation shall fail to answer the
     5  summons as provided herein  [involving  a  violation  of  section  three
     6  hundred  eighty-five of this chapter], the commissioner may suspend such
     7  person's license or driving privilege  or,  if  the  charge  involves  a
     8  violation of section three hundred eighty-five, section four hundred one
     9  or section five hundred eleven-a of this chapter by a registrant who was
    10  not the operator of the vehicle, the registration of such vehicle or the
    11  privilege of operation of any motor vehicle owned by such registrant may
    12  be  suspended, until such person shall answer as provided in subdivision
    13  two of this section, or has paid the fine associated with  a  conviction
    14  entered  as  a  result  of  the  failure  to  appear in response to such
    15  summons, or the defendant has been acquitted of the charge that  led  to
    16  the suspension or such charge was otherwise dismissed. If a person shall
    17  fail  to  appear  at  a  hearing [involving a violation of section three
    18  hundred eighty-five of this chapter], when such is provided for pursuant
    19  to this section, such person's license, or registration or privilege  of
    20  operating  or  of  operation,  as  appropriate, may be suspended pending
    21  appearance at a subsequent hearing, or the disposition  of  the  charges

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08712-01-1
        S. 2558                             2

     1  involved.  Any  suspension  permitted by this subdivision, if already in
     2  effect, may be terminated or if not yet in effect, may be  withdrawn  or
     3  withheld,  prior  to  the  disposition  of  the charges involved if such
     4  person  shall appear and post security in the amount of forty dollars to
     5  guarantee his or her appearance at any required  hearing.  The  security
     6  posted pursuant to this subdivision shall be returned upon appearance at
     7  the  scheduled  hearing or an adjourned hearing which results in a final
     8  disposition of the charge,  and  otherwise  shall  be  forfeited.  If  a
     9  suspension has been imposed pursuant to this subdivision and the case is
    10  subsequently  transferred  pursuant  to  subdivision  two of section two
    11  hundred twenty-five of this article, such  suspension  shall  remain  in
    12  effect  until  the  person answers the charges in the court to which the
    13  case was transferred. Any suspension issued pursuant to  this  paragraph
    14  shall be subject to the provisions of paragraph (j-1) of subdivision two
    15  of section five hundred three of this chapter.
    16    § 2. Subdivision 1-a of section 226 of the vehicle and traffic law, as
    17  added by chapter 382 of the laws of 2020, is amended to read as follows:
    18    1-a.  Return  date  notifications.  The  commissioner shall notify any
    19  person who receives a summons and complaint for  any  traffic  violation
    20  specified  in subdivision one of section two hundred twenty-five of this
    21  article of the time and place of the return date for  such  summons,  no
    22  later  than one week prior to such return date. The commissioner shall[:
    23  (a)] send such notification by first class mail at the address  of  such
    24  person on file with the department or at the current address provided by
    25  the  United States postal service in accordance with section two hundred
    26  fourteen of this title[; and (b) provide an additional  notification  by
    27  text  message,  electronic  mail, or telephone call whenever the commis-
    28  sioner has the telephone number  or  electronic  mail  address  of  such
    29  person].
    30    § 3. Paragraph (a) of subdivision 2 of section 1802 of the vehicle and
    31  traffic  law, as added by chapter 382 of the laws of 2020, is amended to
    32  read as follows:
    33    (a) Whenever fines and/or surcharges are imposed upon a natural person
    34  upon a conviction of a violation of any of the provisions of this  chap-
    35  ter or any local law, ordinance, order, rule or regulation made by local
    36  authorities  in  relation  to  traffic,  or whenever an order is entered
    37  pursuant to subdivision three of section  two  hundred  twenty-seven  of
    38  this  chapter,  the court or hearing officer shall offer such person the
    39  opportunity to enter into an installment payment plan at no  charge  for
    40  the payment of such fines and/or surcharges and any related fees includ-
    41  ing  but not limited to those described in subparagraph (i) of paragraph
    42  (j-1) of subdivision two of  section  five  hundred  three,  subdivision
    43  three  of  section  five hundred fourteen and paragraph a of subdivision
    44  four of section two hundred  twenty-seven  of  this  chapter.  Any  such
    45  installment  payment  plan  shall  be  comprised  of all fines, fees and
    46  mandatory surcharges and shall consist of monthly payments that  do  not
    47  exceed  two percent of such person's monthly net income or [ten] twenty-
    48  five dollars per month, whichever is greater. For the purposes  of  this
    49  subdivision, the term "net income" shall mean such person's total income
    50  from  all sources and assets, minus deductions required by law including
    51  but not limited to  administrative  or  court-ordered  garnishments  and
    52  support  payments. A court or hearing officer may require the submission
    53  of a financial disclosure report, on a form prescribed  by  the  commis-
    54  sioner,  from  all  persons  who  opt  to enter into installment payment
    55  plans. A court or hearing officer also may accept payments  higher  than
    56  the  set amount, but may not undertake additional collection activity so
        S. 2558                             3

     1  long as the person meets  his  or  her  payment  obligations  under  the
     2  installment payment plan. A court or hearing officer may undertake addi-
     3  tional  collection  activity,  but  no  sooner  than ninety days after a
     4  person  fails  to  meet  their  payment obligation under the installment
     5  payment plan. A court or hearing officer may  require  persons  entering
     6  installment  payment  plans  to appear periodically before such court or
     7  hearing officer, but no more frequently than annually, to  assess  their
     8  financial  circumstances,  and  may  set  a  new  payment amount if such
     9  person's financial circumstances have changed. A person who enters  into
    10  an  installment  payment  plan and experiences a reduction in income may
    11  petition the court or hearing officer [at any time]  no  more  than  two
    12  times  in  a  calendar  year to seek a reduction in the monthly payment;
    13  provided, however, in the interests of justice,  the  court  or  hearing
    14  officer may accept a reduction request from such person at any time.
    15    § 4. Subdivision 4-a of section 510 of the vehicle and traffic law, as
    16  amended  by  chapter  382  of  the  laws  of 2020, is amended to read as
    17  follows:
    18    4-a. Suspension for failure to answer an appearance ticket [or to  pay
    19  a  fine].  (a)  Upon receipt of a court notification of the failure of a
    20  person to appear within sixty days of the return date or new  subsequent
    21  adjourned  date,  pursuant  to an appearance ticket charging said person
    22  with a violation of any of the provisions of this  chapter  (except  one
    23  for  parking, stopping, or standing), of any violation of the tax law or
    24  of the transportation law regulating traffic or of any lawful  ordinance
    25  or  regulation  made by a local or public authority, relating to traffic
    26  (except one for parking, stopping, or standing) the commissioner or  his
    27  or  her  agent  may  suspend  the driver's license or privileges of such
    28  person pending receipt of notice from the court  that  such  person  has
    29  appeared  in  response  to such appearance ticket or has paid [such] the
    30  fine associated with a conviction entered as a result of the failure  to
    31  appear  in response to such appearance ticket, or the defendant has been
    32  acquitted of the charge that led to the suspension or  such  charge  was
    33  otherwise  dismissed.  Such  suspension  shall  take effect no less than
    34  thirty days from the day upon which an initial notice thereof is sent by
    35  the commissioner to the person whose driver's license or privileges  are
    36  to  be  suspended, provided that the commissioner shall send such person
    37  at least two notices thereof, including such initial  notice,  at  least
    38  fifteen days apart during such period. Any suspension issued pursuant to
    39  this  paragraph shall be subject to the provisions of paragraph (j-l) of
    40  subdivision two of section five hundred three of this chapter.
    41    (b) The provisions of paragraph (a)  of  this  subdivision  shall  not
    42  apply  to  a  registrant  who  was  not operating a vehicle, but who was
    43  issued a summons or an appearance ticket  for  a  violation  of  section
    44  three  hundred  eighty-five,  section  four  hundred one or section five
    45  hundred eleven-a of this chapter. Upon the receipt of a court  notifica-
    46  tion  of  the  failure of such person to appear within sixty days of the
    47  return date or a new subsequent adjourned date, pursuant to  an  appear-
    48  ance  ticket charging said person with such violation, or the failure of
    49  such person to pay a fine imposed by a court, the commissioner or his or
    50  her agent may suspend  the  registration  of  the  vehicle  or  vehicles
    51  involved  in such violation or privilege of operation of any motor vehi-
    52  cle owned by the registrant pending receipt of  notice  from  the  court
    53  that  such  person has appeared in response to such appearance ticket or
    54  has paid such fine.   Such suspension shall take  effect  no  less  than
    55  thirty  days  from  the  day  upon  which  notice thereof is sent by the
    56  commissioner to the person whose registration  or  privilege  is  to  be
        S. 2558                             4

     1  suspended.  Any  suspension  issued  pursuant to this paragraph shall be
     2  subject to the provisions of  paragraph  (j-1)  of  subdivision  two  of
     3  section five hundred three of this chapter.
     4    (c) Upon receipt of notification from a traffic and parking violations
     5  agency  or  a  traffic  violations  agency of the failure of a person to
     6  appear within sixty days of the return date or new subsequent  adjourned
     7  date,  pursuant  to  an  appearance  ticket  charging said person with a
     8  violation of:
     9    (i) any of the provisions of this  chapter  except  one  for  parking,
    10  stopping or standing and except those violations described in paragraphs
    11  (a),  (b),  (d),  (e)  and (f) of subdivision two and in paragraphs (a),
    12  (b), (d), (e), (f) and (g) of subdivision two-a and in  paragraphs  (a),
    13  (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
    14  seventy-one of the general municipal law;
    15    (ii)  section  five hundred two or subdivision (a) of section eighteen
    16  hundred fifteen of the tax law; [or
    17    (ii)] (iii) section fourteen-f (except paragraph  (b)  of  subdivision
    18  four of section fourteen-f), two hundred eleven or two hundred twelve of
    19  the transportation law; or
    20    (iv)  any  lawful  ordinance  or  regulation made by a local or public
    21  authority relating to traffic  (except  one  for  parking,  stopping  or
    22  standing), the commissioner or his or her agent may suspend the driver's
    23  license  or privileges of such person pending receipt of notice from the
    24  agency that such person has appeared  in  response  to  such  appearance
    25  ticket  or has paid [such] the fine associated with a conviction entered
    26  as a result of the failure to appear  in  response  to  such  appearance
    27  ticket,  or  the  defendant has been acquitted of the charge that led to
    28  the suspension or such charge was otherwise dismissed.  Such  suspension
    29  shall  take  effect  no less than thirty days from the day upon which an
    30  initial notice thereof is sent by the commissioner to the  person  whose
    31  driver's  license  or  privileges are to be suspended, provided that the
    32  commissioner shall send  such  person  at  least  two  notices  thereof,
    33  including  such  initial notice, at least fifteen days apart during such
    34  period. Any suspension  issued  pursuant  to  this  paragraph  shall  be
    35  subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
    36  section five hundred three of this chapter.
    37    § 5. Sections 7 and 8 of chapter 382 of the laws of 2020, amending the
    38  vehicle and traffic law relating to the suspension of a license to drive
    39  a motor vehicle or motorcycle, are amended to read as follows:
    40    § 7. Termination of suspension for failure to [appear, answer or]  pay
    41  a  fine.  a. [Within three months of the effective date of this section,
    42  the] The commissioner of motor vehicles shall terminate all  suspensions
    43  of  licenses,  privileges  to  operate a motor vehicle and registrations
    44  based upon a failure to [appear, answer, or]  pay  a  fine,  penalty  or
    45  mandatory  surcharge  pursuant to subdivision 3 of section 226, subdivi-
    46  sion 4 of section 227, or subdivision 4-a of section 510 of the  vehicle
    47  and  traffic law, in effect prior to the effective date of this section.
    48  The commissioner of motor vehicles shall waive all fees and fines  asso-
    49  ciated with the termination of such suspension, including but not limit-
    50  ed to those described in subparagraph (i) of paragraph (j-1) of subdivi-
    51  sion  2  of section 503, subdivision 3 of section 514 and paragraph a of
    52  subdivision 4 of section 227 of the  vehicle  and  traffic  law,  as  in
    53  existence  prior to the effective date of this section. Provided, howev-
    54  er, that the provisions of this section shall not apply  to  suspensions
    55  imposed pursuant to such sections involving violations of section 385 of
        S. 2558                             5

     1  the  vehicle  and traffic law, or any violation of the tax law or of the
     2  transportation law regulating traffic.
     3    b.  Upon  termination  of  suspensions  pursuant  to this section, the
     4  commissioner of motor vehicles  shall  give  the  person  whose  license
     5  and/or  registration suspension is terminated pursuant to this section a
     6  written notification by first class mail to the address of  such  person
     7  on  file with the department of motor vehicles or at the current address
     8  provided by the United States postal service. Such notice  shall  inform
     9  such person of the termination of the suspension of their license and/or
    10  registration,  the  date of such termination, [that continued failure to
    11  answer the violation for which the suspension for failure to answer  was
    12  originally imposed may subject such person to the entry of a guilty plea
    13  on  their  behalf  and  the rendering of a default judgment of a fine as
    14  well as additional enforcement actions including  garnishment  of  wages
    15  and  personal property, restraining of bank accounts, and the placing of
    16  liens on real property, and that unpaid fines can be entered as a  civil
    17  judgment for enforcement. Such notice also shall provide instructions on
    18  how  such  person  can  avoid  the  imposition  of such additional plea,
    19  default, and enforcement actions] and of their right to  enter  into  an
    20  installment  payment  plan  pursuant to subdivision 2 of section 1802 of
    21  the vehicle and traffic law.
    22    § 8. 1. Within thirty days of the effective date of this section,  the
    23  commissioner  of motor vehicles, in consultation with the chief adminis-
    24  trative judge, shall provide  each  court  and  administrative  tribunal
    25  within  the  state a notification advising such court and administrative
    26  tribunal that no further  enforcement  action  may  be  undertaken  with
    27  regard to suspensions of licenses or privileges to operate a motor vehi-
    28  cle  based upon a failure to pay a fine, penalty, mandatory surcharge or
    29  other related fee issued pursuant  to  subdivision  3  of  section  226,
    30  subdivision  4  of section 227, or subdivision 4-a of section 510 of the
    31  vehicle and traffic law.
    32    2. The commissioner of motor vehicles shall, within a reasonable peri-
    33  od after such installment payment plan  has  been  implemented,  send  a
    34  notice  to  persons whose drivers' licenses, privileges, or registration
    35  have been suspended for failure to appear or answer a summons or appear-
    36  ance ticket, by first class mail to the address of such persons on  file
    37  with the department of motor vehicles or at the current address provided
    38  by the United States postal service, of the availability of, their right
    39  to  enter  into  and  information  on  how to enter into, an installment
    40  payment plan for all fines, surcharges and any related fees  in  accord-
    41  ance with section three of this act.
    42    §  9. This act shall take effect on the [ninetieth] one hundred eight-
    43  ieth day after it shall have become a law  provided,  however,  sections
    44  [two  and seven] four, five, six and eight of this act shall take effect
    45  [the first of April next succeeding the date upon which  it  shall  have
    46  become  a  law] immediately. Effective immediately, the addition, amend-
    47  ment and/or repeal of any rule or regulation necessary for the implemen-
    48  tation of this act on its effective date are authorized to be  made  and
    49  completed on or before such effective date.
    50    §  6.  This act shall take effect immediately, provided, however, that
    51  sections one, two, three and four of this act shall take effect  on  the
    52  same  date  and  in  the same manner as chapter 382 of the laws of 2020,
    53  takes effect.