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A07463 Summary:

BILL NOA07463B
 
SAME ASSAME AS S05348-B
 
SPONSORHunter
 
COSPNSRSayegh, Darling, D'Urso, Cruz, Taylor, Gottfried, Simon, Epstein, Niou, Jean-Pierre, Blake, Barron, Jaffee, Seawright, Glick, Frontus, Weprin, Bronson, Magnarelli, Zebrowski, Steck, Fahy, Perry, Mosley, O'Donnell, Eichenstein, Dickens, Rodriguez, Williams, Arroyo, Colton, Walczyk, Hyndman, Crespo, Davila, Pichardo, Rosenthal L, Reyes, Lavine, Ortiz, Quart, Lupardo, Peoples-Stokes, Otis
 
MLTSPNSRCook, De La Rosa, Lentol
 
Amd §§226, 227, 510, 514 & 1802, V & T L
 
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.
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A07463 Actions:

BILL NOA07463B
 
05/06/2019referred to transportation
06/13/2019amend (t) and recommit to transportation
06/13/2019print number 7463a
06/19/2019reference changed to codes
06/19/2019reported referred to rules
01/08/2020referred to codes
01/31/2020amend and recommit to codes
01/31/2020print number 7463b
07/17/2020reported referred to ways and means
07/17/2020reported referred to rules
07/20/2020reported
07/20/2020rules report cal.170
07/20/2020ordered to third reading rules cal.170
07/21/2020passed assembly
07/21/2020delivered to senate
07/21/2020REFERRED TO RULES
07/22/2020SUBSTITUTED FOR S5348B
07/22/20203RD READING CAL.782
07/22/2020PASSED SENATE
07/22/2020RETURNED TO ASSEMBLY
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A07463 Memo:

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.
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A07463 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7463--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 6, 2019
                                       ___________
 
        Introduced  by  M.  of A. HUNTER, SAYEGH, DARLING, D'URSO, CRUZ, TAYLOR,
          GOTTFRIED, SIMON, EPSTEIN, NIOU, JEAN-PIERRE, BLAKE,  BARRON,  JAFFEE,
          SEAWRIGHT,  GLICK,  FRONTUS,  WEPRIN,  BRONSON, MAGNARELLI, ZEBROWSKI,
          STECK, FAHY, PERRY, MOSLEY, O'DONNELL,  EICHENSTEIN,  DICKENS,  RODRI-
          GUEZ, WILLIAMS, ARROYO, COLTON, WALCZYK, HYNDMAN -- Multi-Sponsored by
          --  M. of A. COOK, DE LA ROSA, LENTOL -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          reference changed to the Committee on  Codes  --  recommitted  to  the
          Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        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
 
          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 226 of the vehicle and traffic
     2  law, as amended by chapter 607 of the laws of  1993,  paragraph  (a)  as
     3  amended  by  section  6  of part J of chapter 62 of the laws of 2003 and
     4  paragraph (b) as amended by section 2 of part K of  chapter  59  of  the
     5  laws of 2010, is amended to read as follows:
     6    3.  Failure  to  answer  or appear; entry of order.  (a) If the person
     7  charged with the violation shall fail to answer the summons as  provided
     8  herein  involving  a  violation  of section three hundred eighty-five of
     9  this chapter, the commissioner may  suspend  such  person's  license  or
    10  driving  privilege  or,  if  the  charge involves a violation of section
    11  three hundred eighty-five[, section four hundred  one  or  section  five
    12  hundred eleven-a] of this chapter by a registrant who was not the opera-
    13  tor of the vehicle, the registration of such vehicle or the privilege of
    14  operation  of  any  motor  vehicle  owned  by  such  registrant  may  be
    15  suspended, until such person shall answer as provided in subdivision two
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11167-08-0

        A. 7463--B                          2
 
     1  of this section. If a person shall fail to appear at a hearing involving
     2  a violation of section three hundred eighty-five of this  chapter,  when
     3  such is provided for pursuant to this section, such person's license, or
     4  registration  or privilege of operating or of operation, as appropriate,
     5  may be suspended pending appearance at  a  subsequent  hearing,  or  the
     6  disposition  of  the  charges involved. Any suspension permitted by this
     7  subdivision, if already in effect, may be terminated or if  not  yet  in
     8  effect,  may  be  withdrawn or withheld, prior to the disposition of the
     9  charges involved if such person shall appear and post  security  in  the
    10  amount  of  forty  dollars  to  guarantee  his  or her appearance at any
    11  required hearing. The security posted pursuant to this subdivision shall
    12  be returned upon appearance at the scheduled  hearing  or  an  adjourned
    13  hearing  which  results in a final disposition of the charge, and other-
    14  wise shall be forfeited. If a suspension has been  imposed  pursuant  to
    15  this  subdivision  and  the case is subsequently transferred pursuant to
    16  subdivision two of section two hundred twenty-five of this article, such
    17  suspension shall remain in effect until the person answers  the  charges
    18  in  the  court  to which the case was transferred. Any suspension issued
    19  pursuant to this paragraph shall be subject to the provisions  of  para-
    20  graph  (j-1)  of  subdivision  two of section five hundred three of this
    21  chapter.
    22    (b) Failure to answer or appear in accordance with the requirements of
    23  this section and any regulations promulgated hereunder shall  be  deemed
    24  an  admission  to the violation as charged, and an appropriate order may
    25  be entered in the department's records, and a fine consistent  with  the
    26  provisions  of  this  chapter and regulations of the commissioner may be
    27  imposed by the commissioner or person designated  by  the  commissioner.
    28  Prior  to  entry  of an order and imposition of a fine, the commissioner
    29  shall notify such person by mail at the address of such person  on  file
    30  with  the  department  or  at the current address provided by the United
    31  States postal service in accordance with section two hundred fourteen of
    32  this [chapter] title:  (i) of the violation charged; (ii) of the impend-
    33  ing entry of such order and fine; (iii) that such order and fine may  be
    34  filed  as  a  judgment  with the county clerk of the county in which the
    35  operator or registrant is located; and (iv) that entry of such order and
    36  imposition of such fine may be avoided by entering a plea or  making  an
    37  appearance  within thirty days of the sending of such notice. In no case
    38  shall such an order and fine be entered and imposed more than two  years
    39  after the date of the alleged violation. Upon application in such manner
    40  and  form as the commissioner shall prescribe an order and fine shall be
    41  vacated upon the ground of excusable default.
    42    § 2. Section 226 of the vehicle and traffic law is amended by adding a
    43  new subdivision 1-a to read as follows:
    44    1-a. Return date notifications.  The  commissioner  shall  notify  any
    45  person  who  receives  a summons and complaint for any traffic violation
    46  specified in subdivision one of section two hundred twenty-five of  this
    47  article  of  the  time and place of the return date for such summons, no
    48  later than one week prior to such return date. The  commissioner  shall:
    49  (a)  send  such  notification by first class mail at the address of such
    50  person on file with the department or at the current address provided by
    51  the United States postal service in accordance with section two  hundred
    52  fourteen  of  this  title; and (b) provide an additional notification by
    53  text message, electronic mail, or telephone call  whenever  the  commis-
    54  sioner  has  the  telephone  number  or  electronic mail address of such
    55  person.

        A. 7463--B                          3
 
     1    § 3. Section 1802 of the vehicle and traffic law is amended to read as
     2  follows:
     3    § 1802. Receipts  for  fines  or  bail; installment payment plans.  1.
     4  Receipts for fines or bail. Upon receipt of the payment of any  fine  or
     5  penalty  collected  under  a  sentence  or  judgment  of conviction of a
     6  violation of any of the provisions of this chapter  or  any  local  law,
     7  ordinance,  order,  rule  or  regulation  made  by  local authorities in
     8  relation to traffic or the deposit of bail of a person  charged  with  a
     9  violation  of  any  such provision, local law, ordinance, order, rule or
    10  regulation, the officer or employee receiving such  payment  or  deposit
    11  shall  issue  a  receipt therefor when the payment or deposit is made in
    12  cash. Whenever any such payment or deposit is made by check, money order
    13  or in other property, the officer or  employee  shall  issue  a  receipt
    14  therefor  upon  request;  provided,  however,  no  such receipt shall be
    15  issued where a fine or penalty is paid  by  mail  unless  the  name  and
    16  address  of  the  payee is known to such officer or employee or enclosed
    17  with the payment.
    18    2. Installment payment plans. (a) Whenever fines and/or surcharges are
    19  imposed upon a natural person upon a conviction of a violation of any of
    20  the provisions of this chapter or any local law, ordinance, order,  rule
    21  or regulation made by local authorities in relation to traffic, or when-
    22  ever  an  order  is entered pursuant to subdivision three of section two
    23  hundred twenty-seven of this chapter, the court or hearing officer shall
    24  offer such person the opportunity to enter into an  installment  payment
    25  plan  at  no  charge for the payment of such fines and/or surcharges and
    26  any related fees.  Any such installment payment plan shall be  comprised
    27  of all fines, fees and mandatory surcharges and shall consist of monthly
    28  payments  that  do  not  exceed two percent of such person's monthly net
    29  income or ten dollars per month, whichever is greater. For the  purposes
    30  of  this  subdivision,  the  term  "net income" shall mean such person's
    31  total income from all sources and assets, minus deductions  required  by
    32  law  including  but  not  limited  to  administrative  or  court-ordered
    33  garnishments and support  payments.  A  court  or  hearing  officer  may
    34  require  the  submission  of  a  financial  disclosure report, on a form
    35  prescribed by the commissioner, from all persons who opt to  enter  into
    36  installment  payment  plans.  A court or hearing officer also may accept
    37  payments higher than the set amount, but may  not  undertake  additional
    38  collection  activity  so long as the person meets his or her obligations
    39  under the installment payment plan.  A  court  or  hearing  officer  may
    40  require  persons  entering  installment  payment plans to appear period-
    41  ically before such court or hearing officer, but no more frequently than
    42  annually, to assess their financial circumstances, and  may  set  a  new
    43  payment  amount if such person's financial circumstances have changed. A
    44  person who enters into an installment payment  plan  and  experiences  a
    45  reduction  in  income  may  petition the court or hearing officer at any
    46  time to seek a reduction in the monthly payment.
    47    (b) The court or hearing officer shall  have  the  discretion  in  the
    48  interests  of  justice to reduce or waive the amount of any fine, fee or
    49  mandatory surcharge assessed for a violation of any of the provisions of
    50  this chapter or any local law, ordinance, order, rule or regulation made
    51  by local authorities in relation to traffic.
    52    (c) A person assessed a fine, fee and/or mandatory surcharge following
    53  a conviction for a violation of any of the provisions of this chapter or
    54  any local law, ordinance,  order,  rule  or  regulation  made  by  local
    55  authorities in relation to traffic, or the entering of an order pursuant
    56  to  subdivision  three of section two hundred twenty-seven of this chap-

        A. 7463--B                          4
 
     1  ter, shall be notified of their right to an installment payment plan (a)
     2  at the time the summons is issued; (b) at the time  of  sentencing;  and
     3  (c)  in any communication concerning imposition or collection of a fine,
     4  fee  or  mandatory  surcharge.  Information  about  the  availability of
     5  installment payment plans shall be prominently posted, in  a  clear  and
     6  conspicuous  manner:  at  each court and administrative tribunal and its
     7  website, if any, and on the commissioner's website.
     8    § 4. Paragraph a of subdivision 4 of section 227 of  the  vehicle  and
     9  traffic law, as amended by section 7 of part J of chapter 62 of the laws
    10  of 2003, is amended to read as follows:
    11    a.  An order entered upon the failure to answer or appear or after the
    12  receipt of an answer admitting the charge or where  a  determination  is
    13  made  that the charge has been established shall be civil in nature, but
    14  shall be treated as a conviction for the purposes of this  chapter.  The
    15  commissioner  or his designee may include in such order an imposition of
    16  any penalty authorized by any provision of this chapter for a conviction
    17  of such violation, except that no penalty therefore shall include impri-
    18  sonment, nor, if monetary, exceed the amount of  the  fine  which  could
    19  have  been  imposed  had  the charge been heard by a court. [The] If the
    20  charge involves a violation of section three hundred eighty-five of this
    21  chapter, the driver's license or privileges may be suspended pending the
    22  payment of any  penalty  so  imposed,  or,  if  the  charge  involves  a
    23  violation  of section three hundred eighty-five [or section four hundred
    24  one] of this chapter by a registrant who was not  the  operator  of  the
    25  vehicle,  the  registration of such vehicle or privilege of operation of
    26  any motor vehicle owned by such registrant may be suspended pending  the
    27  payment  of  any  penalty  so imposed. Any suspension issued pursuant to
    28  this paragraph shall be subject to the provisions of paragraph (j-1)  of
    29  subdivision two of section five hundred three of this chapter.
    30    § 5. Subdivision 4-a of section 510 of the vehicle and traffic law, as
    31  added  by  section  10  of  part J of chapter 62 of the laws of 2003 and
    32  paragraph (c) as amended by chapter 157 of the laws of 2017, is  amended
    33  to read as follows:
    34    4-a. Suspension for failure to answer an appearance ticket or to pay a
    35  fine.  (a)  Upon  receipt  of  a  court notification of the failure of a
    36  person to appear within sixty days of the return date or new  subsequent
    37  adjourned  date,  pursuant  to an appearance ticket charging said person
    38  with a violation of any [of the provisions of this chapter  (except  one
    39  for parking, stopping, or standing), of any] violation of the tax law or
    40  of the transportation law regulating traffic [or of any lawful ordinance
    41  or  regulation  made by a local or public authority, relating to traffic
    42  (except one for parking, stopping, or standing) or the failure to pay  a
    43  fine  imposed  by  a  court]  the  commissioner  or his or her agent may
    44  suspend the driver's  license  or  privileges  of  such  person  pending
    45  receipt  of  notice  from  the  court  that  such person has appeared in
    46  response to such appearance ticket or has paid such fine.  Such  suspen-
    47  sion  shall take effect no less than thirty days from the day upon which
    48  notice thereof is sent by the commissioner to the person whose  driver's
    49  license  or privileges are to be suspended. Any suspension issued pursu-
    50  ant to this paragraph shall be subject to the  provisions  of  paragraph
    51  (j-l) of subdivision two of section five hundred three of this chapter.
    52    (b)  The  provisions  of  paragraph  (a) of this subdivision shall not
    53  apply to a registrant who was not  operating  a  vehicle,  but  who  was
    54  issued  a  summons  or  an  appearance ticket for a violation of section
    55  three hundred eighty-five, section four  hundred  one  or  section  five
    56  hundred  eleven-a of this chapter. Upon the receipt of a court notifica-

        A. 7463--B                          5
 
     1  tion of the failure of such person to appear within sixty  days  of  the
     2  return  date  or a new subsequent adjourned date, pursuant to an appear-
     3  ance ticket charging said person with such violation, or the failure  of
     4  such person to pay a fine imposed by a court, the commissioner or his or
     5  her  agent  may  suspend  the  registration  of  the vehicle or vehicles
     6  involved in such violation or privilege of operation of any motor  vehi-
     7  cle  owned  by  the  registrant pending receipt of notice from the court
     8  that such person has appeared in response to such appearance  ticket  or
     9  has  paid  such  fine.    Such suspension shall take effect no less than
    10  thirty days from the day upon  which  notice  thereof  is  sent  by  the
    11  commissioner  to  the  person  whose  registration or privilege is to be
    12  suspended. Any suspension issued pursuant to  this  paragraph  shall  be
    13  subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
    14  section five hundred three of this chapter.
    15    (c) Upon receipt of notification from a traffic and parking violations
    16  agency or a traffic violations agency of the  failure  of  a  person  to
    17  appear  within sixty days of the return date or new subsequent adjourned
    18  date, pursuant to an appearance  ticket  charging  said  person  with  a
    19  violation of:
    20    (i)  [any  of  the  provisions of this chapter except one for parking,
    21  stopping or standing and except those violations described in paragraphs
    22  (a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
    23  (b),  (d),  (e), (f) and (g) of subdivision two-a and in paragraphs (a),
    24  (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
    25  seventy-one of the general municipal law;
    26    (ii)] section five hundred two or subdivision (a) of section  eighteen
    27  hundred fifteen of the tax law; or
    28    [(iii)]  (ii)  section fourteen-f (except paragraph (b) of subdivision
    29  four of section fourteen-f), two hundred eleven or two hundred twelve of
    30  the transportation law[; or
    31    (iv) any lawful ordinance or regulation made  by  a  local  or  public
    32  authority  relating  to  traffic  (except  one  for parking, stopping or
    33  standing) or the failure to pay a fine imposed for such a violation by a
    34  traffic and parking violations agency or a traffic  violations  agency],
    35  the commissioner or his or her agent may suspend the driver's license or
    36  privileges of such person pending receipt of notice from the agency that
    37  such  person  has  appeared in response to such appearance ticket or has
    38  paid such fine. Such suspension shall take effect no  less  than  thirty
    39  days  from the day upon which notice thereof is sent by the commissioner
    40  to the person whose driver's license or privileges are to be  suspended.
    41  Any suspension issued pursuant to this paragraph shall be subject to the
    42  provisions of paragraph (j-1) of subdivision two of section five hundred
    43  three of this chapter.
    44    §  6.  Subdivision 3 of section 514 of the vehicle and traffic law, as
    45  amended by section 11 of part J of chapter 62 of the laws  of  2003  and
    46  paragraph  (b) as amended by chapter 157 of the laws of 2017, is amended
    47  to read as follows:
    48    3. (a) Upon the failure of a person to appear or answer, within  sixty
    49  days of the return date or any subsequent adjourned date, or the failure
    50  to  pay a fine imposed by a court, pursuant to a summons charging him or
    51  her with a violation of any of the provisions of  this  chapter  (except
    52  one for parking, stopping or standing), section five hundred two or five
    53  hundred twelve of the tax law, section fourteen-f, two hundred eleven or
    54  two  hundred  twelve of the transportation law or of any law, ordinance,
    55  rule or regulation made  by  a  local  authority,  relating  to  traffic
    56  (except for parking, stopping or standing), the trial court or the clerk

        A. 7463--B                          6
 
     1  thereof  shall within ten days certify that fact to the commissioner, in
     2  the manner and form prescribed by the commissioner, who shall record the
     3  same in his or her office. Thereafter and upon  the  appearance  of  any
     4  such  person  in  response to such summons or the receipt of the fine by
     5  the court, the trial court or the clerk thereof shall forthwith  certify
     6  that  fact to the commissioner, in the manner and form prescribed by the
     7  commissioner[; provided, however, no such certification  shall  be  made
     8  unless  the  court  has  collected  the  termination  of  suspension fee
     9  required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
    10  section five hundred three of this chapter].
    11    (b)  Upon  the  failure  of a person to appear or answer, within sixty
    12  days of the return date or any subsequent adjourned date, or the failure
    13  to pay a fine imposed by a traffic and parking violations  agency  or  a
    14  traffic violations agency pursuant to a summons charging him or her with
    15  a violation of:
    16    (1)  any  of  the  provisions  of this chapter except one for parking,
    17  stopping or standing and except those violations described in paragraphs
    18  (a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
    19  (b),  (d),  (e), (f) and (g) of subdivision two-a and in paragraphs (a),
    20  (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
    21  seventy-one of the general municipal law;
    22    (2) section five hundred two or subdivision (a)  of  section  eighteen
    23  hundred fifteen of the tax law;
    24    (3)  section  fourteen-f  (except paragraph (b) of subdivision four of
    25  section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
    26  transportation law; or
    27    (4)  any  lawful  ordinance  or  regulation  made by a local or public
    28  authority relating to traffic  (except  one  for  parking,  stopping  or
    29  standing);
    30  the clerk thereof shall within ten days certify that fact to the commis-
    31  sioner, in the manner and form prescribed by the commissioner, who shall
    32  record the same in his or her office. Thereafter and upon the appearance
    33  of  any  such  person  in response to such summons or the receipt of the
    34  fine by the agency, the traffic and parking violations agency, the traf-
    35  fic violations agency or the clerk thereof shall forthwith certify  that
    36  fact  to  the  commissioner,  in  the  manner and form prescribed by the
    37  commissioner[; provided, however, no such certification  shall  be  made
    38  unless  the  traffic  and  parking  violations  agency  or  the  traffic
    39  violations agency  has  collected  the  termination  of  suspension  fee
    40  required  to  be  paid pursuant to paragraph (j-1) of subdivision two of
    41  section five hundred three of this chapter].
    42    § 7. Termination of suspension for failure to appear, answer or pay  a
    43  fine.  a. Within three months of the effective date of this section, the
    44  commissioner of  motor  vehicles  shall  terminate  all  suspensions  of
    45  licenses,  privileges to operate a motor vehicle and registrations based
    46  upon a failure to appear, answer, or pay a fine,  penalty  or  mandatory
    47  surcharge  pursuant  to  subdivision  3 of section 226, subdivision 4 of
    48  section 227, or subdivision 4-a of section 510 of the vehicle and  traf-
    49  fic  law,  in  effect  prior  to the effective date of this section. The
    50  commissioner of motor vehicles shall waive all fees and fines associated
    51  with the termination of such suspension, including but  not  limited  to
    52  those  described in subparagraph (i) of paragraph (j-1) of subdivision 2
    53  of section 503, subdivision 3 of section 514 and paragraph a of subdivi-
    54  sion 4 of section 227 of the vehicle and traffic law,  as  in  existence
    55  prior to the effective date of this section. Provided, however, that the
    56  provisions of this section shall not apply to suspensions imposed pursu-

        A. 7463--B                          7
 
     1  ant  to such sections involving violations of section 385 of the vehicle
     2  and traffic law, or any violation of the tax law or of  the  transporta-
     3  tion law regulating traffic.
     4    b.  Upon  termination  of  suspensions  pursuant  to this section, the
     5  commissioner of motor vehicles  shall  give  the  person  whose  license
     6  and/or  registration suspension is terminated pursuant to this section a
     7  written notification by first class mail to the address of  such  person
     8  on  file with the department of motor vehicles or at the current address
     9  provided by the United States postal service. Such notice  shall  inform
    10  such person of the termination of the suspension of their license and/or
    11  registration,  the  date  of such termination, that continued failure to
    12  answer the violation for which the suspension for failure to answer  was
    13  originally imposed may subject such person to the entry of a guilty plea
    14  on  their  behalf  and  the rendering of a default judgment of a fine as
    15  well as additional enforcement actions including  garnishment  of  wages
    16  and  personal property, restraining of bank accounts, and the placing of
    17  liens on real property, and that unpaid fines can be entered as a  civil
    18  judgment for enforcement. Such notice also shall provide instructions on
    19  how  such  person  can  avoid  the  imposition  of such additional plea,
    20  default, and enforcement actions.
    21    § 8. This act shall take effect on the ninetieth day  after  it  shall
    22  have  become a law provided, however, sections two and seven of this act
    23  shall take effect the first of April next succeeding the date upon which
    24  it shall have become a law.  Effective immediately, the addition, amend-
    25  ment and/or repeal of any rule or regulation necessary for the implemen-
    26  tation of this act on its effective date are authorized to be  made  and
    27  completed on or before such effective date.
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