Bill Text: NY S06821 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to veteran suspended licenses.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2014-06-02 - referred to transportation [S06821 Detail]

Download: New_York-2013-S06821-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6821
                                   I N  S E N A T E
                                    March 13, 2014
                                      ___________
       Introduced  by  Sens. ZELDIN, BONACIC, GRISANTI, LARKIN, MARTINS, SEWARD
         -- 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  veteran
         suspended licenses
         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 503 of  the  vehicle  and  traffic
    2  law,  as  amended by chapter 548 of the laws of 1986, is amended to read
    3  as follows:
    4    3. Waiver of fee. (A) The commissioner may waive the payment  of  fees
    5  required by subdivision two of this section if the applicant:
    6    (i)  is  an inmate in an institution under the jurisdiction of a state
    7  department or agency, or
    8    (ii) is a victim of crime and the driver's license or learner's permit
    9  applied for is a replacement for one that was lost  or  destroyed  as  a
   10  result of the crime.
   11    (B) A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF THE UNITED STATES
   12  ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
   13  YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
   14  GUARD,  WHOSE LICENSE OR REGISTRATION IS SUSPENDED OR REVOKED DURING THE
   15  PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL,  UPON
   16  THE  SUBMISSION  OF PROOF OF SUCH ACTIVE SERVICE TO THE COMMISSIONER, BE
   17  LIFTED AND VACATED UPON ORDER OF THE COMMISSIONER,  WITHOUT  COST,  FEE,
   18  FINE,  OR  PENALTY.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
   19  THE COMMISSIONER MAY IMPOSE A NEW SUSPENSION OF  SUCH  SERVICE  MEMBER'S
   20  DRIVER'S  LICENSE OR REGISTRATION, AFTER SIXTY DAYS OF THE RETURN OF THE
   21  SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER SIXTY DAYS OF
   22  THE LIFTING OR VACATING OF THE SUSPENSION OR  REVOCATION,  WHICHEVER  IS
   23  LATER,  IF  THE  REASON  UPON  WHICH  THE  LICENSE  OR  REGISTRATION WAS
   24  ORIGINALLY SUSPENDED, HAS NOT BEEN RESOLVED. PRIOR TO  THE  ISSUANCE  OF
   25  THE  NEW  SUSPENSION  OR  REVOCATION,  THE COMMISSIONER SHALL NOTIFY THE
   26  SERVICE MEMBER NOT LESS THAN THIRTY DAYS BEFORE SUCH NEW  SUSPENSION  OR
   27  REVOCATION  WOULD  TAKE EFFECT. NO SUSPENSION OR REVOCATION OF A LICENSE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14194-01-4
       S. 6821                             2
    1  OF A SERVICE MEMBER SHALL BE LIFTED OR VACATED IN ACCORDANCE  WITH  THIS
    2  SUBDIVISION, IF SUCH SUSPENSION OR REVOCATION WAS IMPOSED AS A RESULT OF
    3  A  COURT  ORDER  ISSUED PRIOR TO THE DATE OF THE SERVICE MEMBER'S ACTIVE
    4  DUTY, IN A PROCEEDING IN WHICH THE SERVICE MEMBER PERSONALLY APPEARED.
    5    (C)  ANY  ACTION OR PROCEEDING RESULTING IN THE CONVICTION IN ABSENTIA
    6  OF A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF  THE  UNITED  STATES
    7  ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
    8  YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
    9  GUARD,  FOR  A  VIOLATION  OF  THE  VEHICLE  AND TRAFFIC LAW, DURING THE
   10  PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL,  UPON
   11  THE  SUBMISSION  OF  PROOF  OF  SUCH ACTIVE SERVICE TO THE COMMISSIONER,
   12  CAUSE THE COMMISSIONER TO NOTIFY THE COURT WHERE THE SERVICE MEMBER  WAS
   13  CONVICTED,  OF  THE ACTIVE DUTY SERVICE OF THE SERVICE MEMBER, WHEREUPON
   14  SUCH COURT SHALL IMMEDIATELY REVERSE AND VACATE SUCH CONVICTION, WITHOUT
   15  COST, FEE, FINE, OR PENALTY, AND  NOTIFY  THE  SERVICE  MEMBER  OF  SUCH
   16  ACTION.    NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE COURT
   17  MAY ACCEPT A REFILING OF THE CHARGES UPON WHICH SUCH SERVICE MEMBER  WAS
   18  ORIGINALLY  CONVICTED,  WITHOUT  PREJUDICE,  BY A PROSECUTING AUTHORITY,
   19  AFTER SIXTY DAYS OF THE RETURN OF THE SERVICE MEMBER  FROM  SUCH  ACTIVE
   20  MILITARY  SERVICE,  OR  AFTER SIXTY DAYS OF THE REVERSING OR VACATING OF
   21  THE ORIGINAL CONVICTION, WHICHEVER IS LATER. IF THE ORIGINAL CHARGES ARE
   22  SO REFILED, THE COURT SHALL NOTIFY THE  SERVICE  MEMBER  NOT  LESS  THAN
   23  THIRTY  DAYS  BEFORE  SUCH  CHARGES MUST BE ANSWERED. NO CONVICTION OF A
   24  SERVICE MEMBER SHALL BE REVERSED OR  VACATED  IN  ACCORDANCE  WITH  THIS
   25  SUBDIVISION,  IF  SUCH  CONVICTION  WAS IMPOSED PRIOR TO THE DATE OF THE
   26  SERVICE MEMBER'S ACTIVE DUTY, IN  A  PROCEEDING  IN  WHICH  THE  SERVICE
   27  MEMBER PERSONALLY APPEARED.
   28    (D)  ANY  ACTION OR PROCEEDING RESULTING IN THE CONVICTION IN ABSENTIA
   29  OF A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF  THE  UNITED  STATES
   30  ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
   31  YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
   32  GUARD,  FOR A VIOLATION OF AN ADMINISTRATIVE CODE, INCLUDING A VIOLATION
   33  OBSERVED BY RED LIGHT CAMERAS OR THE TERMS AND AGREEMENTS OF AN EZ  PASS
   34  CONTRACT,  DURING  THE  PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE
   35  THE STATE, SHALL, UPON THE SUBMISSION OF PROOF OF SUCH ACTIVE SERVICE TO
   36  THE COMMISSIONER, CAUSE THE COMMISSIONER TO  NOTIFY  THE  ADMINISTRATIVE
   37  ENTITY  WHICH  DETERMINED SUCH CONVICTION, OF THE ACTIVE DUTY SERVICE OF
   38  THE SERVICE MEMBER, WHEREUPON SUCH  ADMINISTRATIVE  ENTITY  SHALL  IMME-
   39  DIATELY  REVERSE AND VACATE SUCH CONVICTION, WITHOUT COST, FEE, FINE, OR
   40  PENALTY, AND NOTIFY THE SERVICE MEMBER OF SUCH  ACTION.  NOTWITHSTANDING
   41  THE PROVISIONS OF THIS SUBDIVISION, THE ADMINISTRATIVE ENTITY MAY ACCEPT
   42  A  REFILING OF THE ADMINISTRATIVE CHARGES UPON WHICH SUCH SERVICE MEMBER
   43  WAS ORIGINALLY CONVICTED, WITHOUT PREJUDICE, AFTER  SIXTY  DAYS  OF  THE
   44  RETURN OF THE SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER
   45  SIXTY  DAYS  OF  THE  REVERSING  OR VACATING OF THE ORIGINAL CONVICTION,
   46  WHICHEVER IS LATER. IF THE ORIGINAL CHARGES ARE SO REFILED, THE ADMINIS-
   47  TRATIVE ENTITY SHALL NOTIFY THE SERVICE MEMBER NOT LESS THAN THIRTY DAYS
   48  BEFORE SUCH CHARGES MUST BE ANSWERED. NO CONVICTION OF A SERVICE  MEMBER
   49  SHALL  BE  REVERSED  OR  VACATED IN ACCORDANCE WITH THIS SUBDIVISION, IF
   50  SUCH CONVICTION WAS IMPOSED PRIOR TO THE DATE OF  THE  SERVICE  MEMBER'S
   51  ACTIVE  DUTY,  IN  A  PROCEEDING  IN WHICH THE SERVICE MEMBER PERSONALLY
   52  APPEARED.
   53    S 2. This act shall take effect on the first of November next succeed-
   54  ing the date on which it shall have become a law.