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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7463B REVISED 02/28/2020
SPONSOR: Hunter TITLE OF BILL:
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
PURPOSE:
This bill would end the practice of suspending a driver's license for
the non-payment of fines and fees and for failure to appear in court.
SUMMARY OF PROVISIONS:
Section 226.3(a): Revises the provision to allow the commissioner to
suspend a person's driver's license or privileges for failure to answer
a summons or appear at a hearing, when such hearing is provided for
under section 226, only for persons charged with violating section three
hundred eight-five of this chapter.
Section 226.1-a: Provides that the commissioner must send written notice
to a person who receives a summons or appearance tickets notifying the
person of the time and place of the return date no later than one week
prior to the return date. Requires commissioner to provide the notifica-
tion by first class mail and to provide additional notification by text
message, electronic mail, or phone call when possible.
Section 227.4(a): Revises the provision to allow for the suspension of a
person's driver's license or privileges for failure to pay a penalty
imposed following a conviction of a traffic violation, only for persons
charged with violating section three hundred eight-five of this chapter.
Section 510.4-a(a), (b), (c): Repeals certain provisions allowing the
commissioner or his or her agent to suspend a license upon receipt of a
court notification of a person's failure to appear within 60 days of the
return date or new subsequent adjourned date, pursuant to an appearance
ticket related to violations of this chapter or failure to pay fines
imposed for such violations.
Section 514.3(a), (b): Revises provisions requiring trial court or clerk
thereof to certify to the commissioner that a person who previously
failed to appear or pay a fine has done so. Repeals the requirement that
the court must collect the suspension fee required under section
503.2(j-1) before providing the certification.
Section 1802.1: Amends the provision governing receipts for fines and
bail to include installment plans.
Section 1802.2(a), (b), and (c): Requires the court or hearing officer
to offer the person an installment plan at no extra charge. Sets forth
that required monthly payments under the plan may not exceed two percent
of the person's monthly net income or $10, whichever is greater.
Provides for a procedure for reassessing the person's ability to repay
at the court's or hearing officer's discretion or upon the person's
petition. Grants the court or hearing officer the discretion to reduce
or waive the amount of any fine, fee, or mandatory surcharge assessed in
accordance with this chapter. Requires that persons assessed a fine,
fee, or mandatory surcharge be provided with several forms of notice of
the availability of a payment plan.
Section 7(a) and (b) of A7463B (a.k.a. the Driver's License Suspension
Reform Act): Requires the commissioner, within 90 days of the enactment
of this section to terminate all suspensions of licenses, privileges to
operate a motor vehicle, and registrations suspended as a result of
failure to appear, answer, or pay a fine, penalty, or mandatory
surcharge pursuant to sections 226.3, 227.4, or 510.4-a, except for
suspensions imposed pursuant to violations of section three hundred
eight-five of this chapter. Requires commissioner to waive all fees and
penalties associated with the terminated suspensions. Requires commis-
sioner to provide notice to all persons whose licenses are terminated
pursuant to this provision, notifying them of the termination and avail-
able consequences for continued non-payment or non-appearance.
JUSTIFICATION:
New York State regularly suspends people's driving privileges because
they are not able to pay a traffic-related fine or fee. Between January
2016 and April, 2018, New York issued 1,686,175 driver's license suspen-
sions related to traffic debt.' License suspension has significant
adverse consequences for the individual, especially in areas where
public transportation options are sparse. Without a license, a person
cannot drive to work, school, or even court. These consequences compound
and amplify the impact of the suspension, making it less likely that the
person can repay the initial debt and more likely that the person will
incur additional censure and penalties from the court. If the person
continues to drive with a suspended license, as many people are
compelled to do, he or she risks criminal charges, additional fines, and
possible prison time. In practice, suspension for nonpayment criminal-
izes New Yorkers for being poor.
These dire consequences affect not just the individual, but also their
families, employers, and communities; in New York, the impact is borne
disproportionately by low-income communities and communities of color.
Driver's license suspension rates in New York are nearly nine times
higher in the ten poorest communities compared to the ten wealthiest. In
New York City, communities with the highest percent of people of color
receive driver's license suspensions at rates twice as high as communi-
ties with the smallest percent of people of color. In the rest of New
York State, communities with the highest percent of people of color
receive driver's license suspensions at rates four times as high as
communities with the smallest percent people of color.
Yet despite these grave and unjust consequences, suspension for nonpay-
ment accomplishes very little. It does not appear to encourage repay-
ment: in the majority of cases, people whose license was suspended still
did not pay the outstanding fine up to one year after the date of
suspension. It does not make New York roads safer, since the punishment
is handed down not for dangerous driving, but rather for failure to
appear in court or pay a fine. Moreover, by requiring courts and law
enforcement officials to spend time pursuing and prosecuting people for
driving with a suspended license, New York State is diverting important
resources away from fighting serious crime and pulling actually danger-
ous drivers off the road.
The arguable benefits of suspension for nonpayment do not justify the
costs to New York communities. States across the country are reaching
similar conclusions, and doing away with the practice. Mississippi,
Idaho, California, the District of Columbia, and Virginia have all
stopped suspending licenses for nonpayment, and the legislatures in
Montana, Tennessee, North Carolina, Minnesota, Oregon, Illinois, and
Florida are all considering legislation that would do the same. At the
same time, the practice is facing constitutional challenges in several
other states, including Alabama, Oregon, Montana, and Michigan -- and so
far, those challenges have been successful.
Additionally, courts have little discretion in allowing an individual to
pay their fine or fees over time through payment plans. With repayment
rates so low among drivers with suspended licenses, municipalities and
the state may be losing out on revenue they would otherwise receive if
individuals had more flexible repayment options. This legislation
provides manageable repayment options, particularly for low-income New
Yorkers, which may enable municipalities and the state to realize
increased revenue that would otherwise be lost without payment plan
options. For example, West Palm Beach County, Florida collected 32 times
more revenue and reduced suspensions by 39% after offering affordable
payment plans.' Revenue in San Francisco, California increased increased
244% when people received the option of affordable payment plans.' More
importantly, this bill could allow New York to reduce arrests, booking,
charges, prosecution, and jail time on the basis of poverty.
Finally, it is important to note than other than failure to pay a fine
or appear in court, the next most common reasons for suspension are
failure to pay the driver responsibility assessment, failure to pay
child support, driving while intoxicated, and vehicular homicide.
Ending license suspension for traffic debt would not affect driver's
license suspension for these other reasons.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect ninety days after becoming law, provided,
however, that sections two and seven shall take effect the first of
April after it shall have become law.
