NY State Senate Bill 2015-S2539C

Senate Bill S2539C

2015-2016 Legislative Session

Relates to the surrender of number plates for violations committed in a city having a population of one million or more

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Jun 12, 2015	print number 2539c
Jun 12, 2015	amend (t) and recommit to codes
May 19, 2015	print number 2539b
May 19, 2015	amend (t) and recommit to codes
May 05, 2015	reported and committed to codes
Apr 29, 2015	print number 2539a
Apr 29, 2015	amend and recommit to transportation
Mar 16, 2015	notice of committee consideration - requested
Jan 26, 2015	referred to transportation

Votes

- May 5, 2015 - Transportation Committee Vote
  S2539C
  
  15
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 5, 2015
      
      aye (15)
      
      Avella
      
      Diaz
      
      Dilan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      nay (1)
      
      Gallivan
      
      aye wr (3)
      
      Martins
      
      Ranzenhofer
      
      Young

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2015-S2539 - Details

See Assembly Version of this Bill:: A3508
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §403-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6385, A8586
2017-2018: S3302, A6377
2019-2020: A1045

2015-S2539 - Summary

Relates to the surrender of number plates for violations committed in a city having a population of one million or more.

2015-S2539 - Sponsor Memo

2015-S2539 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2539

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, KRUEG-
  ER, LATIMER, PARKER, STAVISKY -- 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 the surren-
  der of certificates of registration and number  plates  of  all  motor
  vehicles  which  a  person  has  registered  where  such  person has a
  suspended or revoked license

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 403-c to read as follows:
  S 403-C. SURRENDER OF REGISTRATION AND NUMBER PLATES. ANY  PERSON  WHO
HAS  HAD  THEIR  LICENSE  SUSPENDED  OR REVOKED PURSUANT TO SECTION FIVE
HUNDRED TEN OR FIVE HUNDRED TEN-A OF THIS CHAPTER  SHALL  SURRENDER  THE
CERTIFICATES  OF  REGISTRATION  AND  NUMBER PLATES OF ALL MOTOR VEHICLES
WHICH SUCH PERSON HAS  REGISTERED  PURSUANT  TO  THIS  ARTICLE,  TO  THE
DEPARTMENT.  SUCH  REVOCATION  OF REGISTRATION SHALL REMAIN IN EFFECT AS
LONG AS THE SUSPENSION OR REVOCATION OF SUCH DRIVER'S LICENSE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05720-01-5

co-Sponsors

View additional co-sponsors

2015-S2539A - Details

See Assembly Version of this Bill:: A3508
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §403-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6385, A8586
2017-2018: S3302, A6377
2019-2020: A1045

2015-S2539A - Summary

Relates to the surrender of number plates for violations committed in a city having a population of one million or more.

2015-S2539A - Sponsor Memo

2015-S2539A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2539--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, KRUEG-
  ER, LATIMER, PARKER, STAVISKY -- read twice and ordered  printed,  and
  when  printed  to  be  committed to the Committee on Transportation --
  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 surren-
  der of certificates of registration and number  plates  of  all  motor
  vehicles  which  a  person  has  registered  where  such  person has a
  suspended or revoked license

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 403-c to read as follows:
  S 403-C. SURRENDER OF REGISTRATION AND NUMBER PLATES. 1.   ANY  PERSON
WHO  HAS HAD THEIR LICENSE SUSPENDED OR REVOKED PURSUANT TO SECTION FIVE
HUNDRED TEN OR FIVE HUNDRED TEN-A OF THIS CHAPTER  SHALL  SURRENDER  THE
CERTIFICATES  OF  REGISTRATION  AND  NUMBER PLATES OF ALL MOTOR VEHICLES
WHICH SUCH PERSON HAS  REGISTERED  PURSUANT  TO  THIS  ARTICLE,  TO  THE
DEPARTMENT.  SUCH  SURRENDER  OF  REGISTRATION  AND  NUMBER PLATES SHALL
REMAIN IN EFFECT AS LONG AS THE SUSPENSION OR REVOCATION OF  SUCH  DRIV-
ER'S LICENSE.
  2.  ALL  MOTOR  VEHICLES REGISTERED TO SUCH PERSON SHALL NOT BE REGIS-
TERED OR REREGISTERED IN THE NAME OF SUCH PERSON, OR IN ANY  OTHER  NAME
WHERE  THE  COMMISSIONER  HAS  REASONABLE  GROUNDS  TO BELIEVE THAT SUCH
REGISTRATION OR REREGISTRATION WILL HAVE THE  EFFECT  OF  DEFEATING  THE
PURPOSES OF THIS SECTION, AND NO OTHER MOTOR VEHICLE SHALL BE REGISTERED
IN THE NAME OF SUCH PERSON DURING THE PERIOD OF SUCH SUSPENSION.
  3.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION FIVE OF SECTION FOUR HUNDRED
TWENTY-EIGHT OF THIS TITLE, REFUNDS OF FEES ASSESSED  PURSUANT  TO  THIS
ARTICLE  AND ARTICLE FOURTEEN-A OF THIS TITLE SHALL NOT BE PROVIDED WHEN
SURRENDER IS MANDATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05720-06-5

S. 2539--A                          2

  4. A. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL NOTI-
FY EACH PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED OF HIS OR HER
OBLIGATION TO SURRENDER  THE  CERTIFICATE  OF  REGISTRATION  AND  NUMBER
PLATES  OF  ANY MOTOR VEHICLES WHICH SUCH PERSON HAS REGISTERED PURSUANT
TO THIS ARTICLE.
  B.  SUCH NOTICE SHALL INCLUDE THE NAME AND ADDRESS OF THE PERSON WHOSE
LICENSE HAS BEEN SUSPENDED  OR  REVOKED,  THE  REGISTRATION  NUMBER  AND
NUMBER  PLATES OF THE VEHICLE OR VEHICLES WHICH MUST BE SURRENDERED, THE
INFRACTION, INFRACTIONS, OFFENSE AND/OR OFFENSES FOR WHICH THE REGISTRA-
TION AND NUMBER PLATES MUST BE SURRENDERED, AND THE DATES AND  TIMES  OF
THE CONVICTIONS OF SUCH INFRACTIONS AND/OR OFFENSES.
  C.  THE NOTICE SHALL ALSO CONTAIN A WARNING ADVISING THE PERSON OF THE
CONSEQUENCES OF FAILURE TO SURRENDER  CERTIFICATE  OF  REGISTRATION  AND
NUMBER PLATES.
  D.  THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED BY FIRST
CLASS MAIL TO THE REGISTRANT OF THE MOTOR VEHICLE WITHIN THIRTY DAYS  OF
THE LICENSE SUSPENSION OR REVOCATION.
  E. SUCH PERSON SHALL SURRENDER ANY CERTIFICATE OF REGISTRATION AND ANY
NUMBER  PLATES FOR ANY VEHICLE WHICH THE PERSON IS THE REGISTRANT WITHIN
FOURTEEN DAYS OF  RECEIVING  NOTICE  FROM  THE  DEPARTMENT.  FAILURE  TO
SURRENDER  THE CERTIFICATE OF REGISTRATION AND NUMBER PLATES UPON NOTICE
SHALL CONSTITUTE AN INFRACTION, PUNISHABLE UPON CONVICTION BY A FINE NOT
LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE  HUNDRED  DOLLARS
OR  IMPRISONMENT  FOR  NOT  MORE THAN FIFTEEN DAYS OR BOTH SUCH FINE AND
IMPRISONMENT.
  5. A WAIVER OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL
APPLY TO MOTOR VEHICLES WHICH ARE JOINTLY USED BY SPOUSES OR OTHER IMME-
DIATE FAMILY MEMBERS IF THE IMPLEMENTATION  OF  SUCH  SUBDIVISION  WOULD
RESULT  IN  AN  EXTREME  HARDSHIP  FOR THE SPOUSE OR FAMILY MEMBER WHOSE
LICENSE HAS NOT BEEN SUSPENDED OR  REVOKED.    TO  BE  ELIGIBLE  FOR  AN
EXTREME  HARDSHIP  EXCEPTION, A DULY LICENSED SPOUSE OR IMMEDIATE FAMILY
MEMBER MUST FURNISH PROOF ACCEPTABLE TO THE COMMISSIONER OR HIS  OR  HER
DULY  AUTHORIZED AGENT THAT HE OR SHE JOINTLY USES A MOTOR VEHICLE WHOSE
REGISTRATION AND NUMBER PLATES WOULD OTHERWISE BE SUBJECT  TO  SURRENDER
PURSUANT  TO  SUBDIVISION  ONE  OF  THIS SECTION. ACCEPTABLE PROOF SHALL
INCLUDE WITHOUT LIMITATION THE SPOUSE OR IMMEDIATE FAMILY  MEMBER  BEING
NAMED  IN A POLICY OF LIABILITY INSURANCE FOR THE MOTOR VEHICLE PURSUANT
TO ARTICLE SEVEN OF THIS CHAPTER BEFORE THE DATE OF CONVICTION, AND  ANY
ADDITIONAL  FACTORS  THAT THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED
AGENT DEEMS NECESSARY TO ESTABLISH JOINT USE. THE COMMISSIONER OR HIS OR
HER DULY AUTHORIZED AGENT SHALL DETERMINE WHETHER AN  INDIVIDUAL  QUALI-
FIES  AS  AN  IMMEDIATE  FAMILY MEMBER, PROVIDED THAT SUCH DEFINITION OF
IMMEDIATE FAMILY MEMBERS SHALL INCLUDE WITHOUT LIMITATION DOMESTIC PART-
NERS AS DEFINED IN SECTION FOUR OF THE WORKERS' COMPENSATION LAW AND ANY
CHILDREN OF THE REGISTRANT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S2539B - Details

See Assembly Version of this Bill:: A3508
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §403-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6385, A8586
2017-2018: S3302, A6377
2019-2020: A1045

2015-S2539B - Summary

Relates to the surrender of number plates for violations committed in a city having a population of one million or more.

2015-S2539B - Sponsor Memo

                                BILL NUMBER:S2539B

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the surrender of number plates of all motor vehicles which
a person has registered where such person has a suspended or revoked
license

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the vehicle and traffic law by adding a new section
403-c. The section would require any person who has had their license
suspended or revoked pursuant to the vehicle and traffic law to
surrender the certificates of registration and number plates of
registered motor vehicles to the department of motor vehicles.
Additionally, the Department of Motor Vehicles will provide notice to
those who must return such plates and registrations, and provides a
penalty for noncompliance. Last, there is an exception to this
requirement for vehicles shared by members of the affected person's
family when the return of such plates and registrations would result
in undue hardship.

JUSTIFICATION:

Recently, more attention has been paid to the fact that drivers with
suspended licenses in New York State are still getting behind the
wheel - and killing people. Ten percent of all crashes in New York are

caused by drivers with suspended or revoked licenses, and 75 percent
of those drivers still get behind the wheel.

Often these drivers are suspended for reckless, dangerous, or drunken
driving and are a menace to not only pedestrians like Noshat Nahian,
the eight year old third grader at PS 152 who lost his life when he
was hit by a tractor trailer while crossing Northern Boulevard at 61st
Street, but also to other drivers on the road.

Licenses are suspended for a reason and suspending these license
plates would keep dangerous drivers off the road.

PRIOR LEGISLATIVE HISTORY:

2014: Senate Bill #6385 (Gianaris) - Died in Senate Transportation
Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act should take effect on the one hundred eightieth day after it
shall have become a law.

2015-S2539B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2539--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, KRUEG-
  ER, LATIMER, PARKER, STAVISKY -- read twice and ordered  printed,  and
  when  printed  to  be  committed to the Committee on Transportation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee and committed to the Committee on Codes --  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  surren-
  der  of  number plates of all motor vehicles which a person has regis-
  tered where such person has a suspended or revoked license

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 403-c to read as follows:
  S 403-C. SURRENDER OF REGISTRATION AND NUMBER PLATES. 1.   ANY  PERSON
WHO  HAS HAD THEIR LICENSE SUSPENDED OR REVOKED PURSUANT TO SECTION FIVE
HUNDRED TEN OR FIVE HUNDRED TEN-A OF THIS CHAPTER SHALL SURRENDER TO THE
DEPARTMENT THE NUMBER PLATES OF ALL MOTOR VEHICLES WHICH SUCH PERSON HAS
REGISTERED PURSUANT TO THIS ARTICLE, AND SHALL HAVE  ANY  MOTOR  VEHICLE
REGISTRATIONS  WHICH  BELONG TO SUCH PERSON SUSPENDED. SUCH SURRENDER OF
NUMBER PLATES AND VEHICLE SUSPENSION  OR  SUSPENSIONS  SHALL  REMAIN  IN
EFFECT AS LONG AS THE SUSPENSION OR REVOCATION OF SUCH DRIVER'S LICENSE.
  2.  ALL  MOTOR  VEHICLES REGISTERED TO SUCH PERSON SHALL NOT BE REGIS-
TERED OR REREGISTERED IN THE NAME OF SUCH PERSON, OR IN ANY  OTHER  NAME
WHERE  THE  COMMISSIONER  HAS  REASONABLE  GROUNDS  TO BELIEVE THAT SUCH
REGISTRATION OR REREGISTRATION WILL HAVE THE  EFFECT  OF  DEFEATING  THE
PURPOSES OF THIS SECTION, AND NO OTHER MOTOR VEHICLE SHALL BE REGISTERED
IN THE NAME OF SUCH PERSON DURING THE PERIOD OF SUCH SUSPENSION.
  3.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION FIVE OF SECTION FOUR HUNDRED
TWENTY-EIGHT OF THIS TITLE, REFUNDS OF FEES ASSESSED  PURSUANT  TO  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05720-08-5

S. 2539--B                          2

ARTICLE  AND ARTICLE FOURTEEN-A OF THIS TITLE SHALL NOT BE PROVIDED WHEN
SUSPENSION IS MANDATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  4. A. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL NOTI-
FY EACH PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED OF HIS OR HER
OBLIGATION  TO  SURRENDER  THE NUMBER PLATES OF ANY MOTOR VEHICLES WHICH
SUCH PERSON HAS REGISTERED PURSUANT TO THIS ARTICLE, AND OF THE  SUSPEN-
SION OF ANY VEHICLE REGISTRATIONS IN HIS OR HER NAME.
  B.  SUCH NOTICE SHALL INCLUDE THE NAME AND ADDRESS OF THE PERSON WHOSE
LICENSE HAS BEEN SUSPENDED OR REVOKED, THE VEHICLE  REGISTRATION  NUMBER
OR  NUMBERS  WHICH  ARE  SUSPENDED,  THE NUMBER PLATES OF THE VEHICLE OR
VEHICLES WHICH MUST BE SURRENDERED, THE INFRACTION, INFRACTIONS, OFFENSE
AND/OR OFFENSES FOR WHICH  THE  REGISTRATION  IS  SUSPENDED  AND  NUMBER
PLATES  MUST  BE SURRENDERED, AND THE DATES AND TIMES OF THE CONVICTIONS
FOR SUCH INFRACTIONS AND/OR OFFENSES.
  C. THE NOTICE SHALL ALSO CONTAIN A WARNING ADVISING THE PERSON OF  THE
CONSEQUENCES OF FAILURE TO SURRENDER NUMBER PLATES.
  D.  THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED BY FIRST
CLASS MAIL TO THE REGISTRANT OF THE MOTOR VEHICLE WITHIN THIRTY DAYS  OF
THE LICENSE SUSPENSION OR REVOCATION.
  E.  SUCH  PERSON SHALL SURRENDER ANY NUMBER PLATES FOR ANY VEHICLE FOR
WHICH THE PERSON IS THE REGISTRANT WITHIN  FOURTEEN  DAYS  OF  RECEIVING
NOTICE  FROM  THE  DEPARTMENT.  FAILURE  TO SURRENDER NUMBER PLATES UPON
NOTICE SHALL CONSTITUTE AN INFRACTION, PUNISHABLE UPON CONVICTION  BY  A
FINE  NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED
DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR BOTH SUCH FINE
AND IMPRISONMENT.
  5. A WAIVER OF THE PROVISIONS OF SUBDIVISIONS  ONE  AND  TWO  OF  THIS
SECTION  SHALL BE AVAILABLE FOR MOTOR VEHICLES WHICH ARE JOINTLY USED BY
SPOUSES OR OTHER IMMEDIATE FAMILY MEMBERS IF THE IMPLEMENTATION OF  SUCH
SUBDIVISION WOULD RESULT IN AN EXTREME HARDSHIP FOR THE SPOUSE OR FAMILY
MEMBER  WHOSE LICENSE HAS NOT BEEN SUSPENDED OR REVOKED.  TO BE ELIGIBLE
FOR AN EXTREME HARDSHIP EXCEPTION, A DULY LICENSED SPOUSE  OR  IMMEDIATE
FAMILY  MEMBER  MUST FURNISH PROOF ACCEPTABLE TO THE COMMISSIONER OR HIS
OR HER DULY AUTHORIZED AGENT THAT HE OR SHE JOINTLY USES A MOTOR VEHICLE
WHOSE REGISTRATION AND NUMBER  PLATES  WOULD  OTHERWISE  BE  SUBJECT  TO
SUSPENSION  OR  SURRENDER  PURSUANT  TO  SUBDIVISION  ONE OR TWO OF THIS
SECTION. ACCEPTABLE PROOF SHALL INCLUDE WITHOUT LIMITATION THE SPOUSE OR
IMMEDIATE FAMILY MEMBER BEING NAMED IN A POLICY OF  LIABILITY  INSURANCE
FOR  THE  MOTOR VEHICLE PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER BEFORE
THE DATE OF CONVICTION, AND ANY ADDITIONAL FACTORS THAT THE COMMISSIONER
OR HIS OR HER DULY AUTHORIZED AGENT DEEMS NECESSARY TO  ESTABLISH  JOINT
USE.  THE  COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL DETER-
MINE WHETHER AN INDIVIDUAL QUALIFIES  AS  AN  IMMEDIATE  FAMILY  MEMBER,
PROVIDED  THAT SUCH DEFINITION OF IMMEDIATE FAMILY MEMBERS SHALL INCLUDE
WITHOUT LIMITATION DOMESTIC PARTNERS AS DEFINED IN SECTION FOUR  OF  THE
WORKERS' COMPENSATION LAW AND ANY CHILDREN OF THE REGISTRANT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S2539C (ACTIVE) - Details

See Assembly Version of this Bill:: A3508
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §403-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6385, A8586
2017-2018: S3302, A6377
2019-2020: A1045

2015-S2539C (ACTIVE) - Summary

Relates to the surrender of number plates for violations committed in a city having a population of one million or more.

2015-S2539C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2539C

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the surrender of number plates of all motor vehicles which
a person has registered where such person has a suspended or revoked
license arising out of the operation of a motor vehicle within a city
having a population of one million or more

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the vehicle and traffic law by adding a new section
403-c. The section would require any person who has had their license
suspended or revoked pursuant to the vehicle and traffic law for an
incident that occurred in a city of more than one million residents to
surrender the certificates of registration and number plates of
registered motor vehicles to the department of motor vehicles.
Additionally, the Department of Motor Vehicles will provide notice to
those who must return such plates and registrations, and provides a
penalty for noncompliance. Last, there is an exception to this
requirement for vehicles shared by members of the affected person's
family when the return of such plates and registrations would result
in undue hardship.

JUSTIFICATION:

Recently, more attention has been paid to the fact that drivers with

suspended licenses in New York State are still getting behind the
wheel - and killing people. Ten percent of all crashes in New York are
caused by drivers with suspended or revoked licenses, and 75 percent
of those drivers still get behind the wheel.

Often these drivers are suspended for reckless, dangerous, or drunken
driving and are a menace to not only pedestrians like Noshat Nahian,
the eight year old third grader at PS 152 who lost his life when he
was hit by a tractor trailer while crossing Northern Boulevard at 61st
Street, but also to other drivers on the road.

Licenses are suspended for a reason and suspending these license
plates would keep dangerous drivers off the road.

PRIOR LEGISLATIVE HISTORY:

2015: Senate Bill #2539 (Gianaris) Reported by Senate Transportation
Committee, Referred to Senate Codes Committee.
2014: Senate Bill #6385 (Gianaris) - Died in Senate Transportation
Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act should take effect on the one hundred eightieth day after it
shall have become a law.

2015-S2539C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2539--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, KRUEG-
  ER, LATIMER, PARKER, STAVISKY -- read twice and ordered  printed,  and
  when  printed  to  be  committed to the Committee on Transportation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee and committed to the Committee on Codes --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- 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 surren-
  der of number plates of all motor vehicles which a person  has  regis-
  tered where such person has a suspended or revoked license arising out
  of  the operation of a motor vehicle within a city having a population
  of one million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 403-c to read as follows:
  S 403-C. SURRENDER OF REGISTRATION  AND  NUMBER  PLATES.  1.  (A)  ANY
PERSON  WHO  HAS  HAD  THEIR  LICENSE  SUSPENDED  OR REVOKED PURSUANT TO
SECTION FIVE HUNDRED TEN OR FIVE HUNDRED  TEN-A  OF  THIS  CHAPTER,  FOR
CONDUCT  RELATING  TO  THE  OPERATION  OF  A MOTOR VEHICLE WITHIN A CITY
HAVING A POPULATION OF ONE MILLION  OR  MORE,  SHALL  SURRENDER  TO  THE
DEPARTMENT THE NUMBER PLATES OF ALL MOTOR VEHICLES WHICH SUCH PERSON HAS
REGISTERED  PURSUANT  TO  THIS ARTICLE, AND SHALL HAVE ANY MOTOR VEHICLE
REGISTRATIONS WHICH BELONG TO SUCH PERSON SUSPENDED. SUCH  SURRENDER  OF
NUMBER  PLATES  AND  VEHICLE  SUSPENSION  OR SUSPENSIONS SHALL REMAIN IN
EFFECT AS LONG AS THE SUSPENSION OR REVOCATION OF SUCH DRIVER'S LICENSE.
  (B) WHEN A LICENSE IS SUSPENDED OR REVOKED PURSUANT TO ANY SUBDIVISION
OF SECTION FIVE HUNDRED TEN OR FIVE HUNDRED TEN-A OF THIS CHAPTER, WHICH
REQUIRES CONVICTION OF MULTIPLE OFFENSES, INFRACTIONS OR VIOLATIONS, THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05720-10-5

S. 2539--C                          2

PROVISIONS OF THIS SECTION SHALL ONLY APPLY IF THE FINAL  SUCH  OFFENSE,
INFRACTION  OR VIOLATION OCCURS WITHIN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE.
  2.  ALL  MOTOR  VEHICLES REGISTERED TO SUCH PERSON SHALL NOT BE REGIS-
TERED OR REREGISTERED IN THE NAME OF SUCH PERSON, OR IN ANY  OTHER  NAME
WHERE  THE  COMMISSIONER  HAS  REASONABLE  GROUNDS  TO BELIEVE THAT SUCH
REGISTRATION OR REREGISTRATION WILL HAVE THE  EFFECT  OF  DEFEATING  THE
PURPOSES OF THIS SECTION, AND NO OTHER MOTOR VEHICLE SHALL BE REGISTERED
IN THE NAME OF SUCH PERSON DURING THE PERIOD OF SUCH SUSPENSION.
  3.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION FIVE OF SECTION FOUR HUNDRED
TWENTY-EIGHT OF THIS TITLE, REFUNDS OF FEES ASSESSED  PURSUANT  TO  THIS
ARTICLE  AND ARTICLE FOURTEEN-A OF THIS TITLE SHALL NOT BE PROVIDED WHEN
SUSPENSION IS MANDATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  4. THE COMMISSIONER SHALL DETERMINE THAT  AN  OFFENSE,  INFRACTION  OR
VIOLATION  OCCURRED  WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, IF THE ACCUSATORY INSTRUMENT THEREFOR, AS DEFINED  IN  SUBDIVISION
ONE  OF  SECTION  1.20 OF THE CRIMINAL PROCEDURE LAW, WAS COMPLETED BY A
POLICE OFFICER OF THE POLICE DEPARTMENT OF ANY SUCH CITY.
  5. A. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL NOTI-
FY EACH PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED OF HIS OR HER
OBLIGATION TO SURRENDER THE NUMBER PLATES OF ANY  MOTOR  VEHICLES  WHICH
SUCH  PERSON HAS REGISTERED PURSUANT TO THIS ARTICLE, AND OF THE SUSPEN-
SION OF ANY VEHICLE REGISTRATIONS IN HIS OR HER NAME.
  B. SUCH NOTICE SHALL INCLUDE THE NAME AND ADDRESS OF THE PERSON  WHOSE
LICENSE  HAS  BEEN SUSPENDED OR REVOKED, THE VEHICLE REGISTRATION NUMBER
OR NUMBERS WHICH ARE SUSPENDED, THE NUMBER  PLATES  OF  THE  VEHICLE  OR
VEHICLES WHICH MUST BE SURRENDERED, THE INFRACTION, INFRACTIONS, OFFENSE
AND/OR  OFFENSES  FOR  WHICH  THE  REGISTRATION  IS SUSPENDED AND NUMBER
PLATES MUST BE SURRENDERED, AND THE DATES AND TIMES OF  THE  CONVICTIONS
FOR SUCH INFRACTIONS AND/OR OFFENSES.
  C.  THE NOTICE SHALL ALSO CONTAIN A WARNING ADVISING THE PERSON OF THE
CONSEQUENCES OF FAILURE TO SURRENDER NUMBER PLATES.
  D. THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED BY  FIRST
CLASS  MAIL TO THE REGISTRANT OF THE MOTOR VEHICLE WITHIN THIRTY DAYS OF
THE LICENSE SUSPENSION OR REVOCATION.
  E. SUCH PERSON SHALL SURRENDER ANY NUMBER PLATES FOR ANY  VEHICLE  FOR
WHICH  THE  PERSON  IS  THE REGISTRANT WITHIN FOURTEEN DAYS OF RECEIVING
NOTICE FROM THE DEPARTMENT. FAILURE  TO  SURRENDER  NUMBER  PLATES  UPON
NOTICE  SHALL  CONSTITUTE AN INFRACTION, PUNISHABLE UPON CONVICTION BY A
FINE NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE  HUNDRED
DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR BOTH SUCH FINE
AND IMPRISONMENT.
  6.  A  WAIVER  OF  THE  PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION SHALL BE AVAILABLE FOR MOTOR VEHICLES WHICH ARE JOINTLY USED  BY
SPOUSES  OR OTHER IMMEDIATE FAMILY MEMBERS IF THE IMPLEMENTATION OF SUCH
SUBDIVISION WOULD RESULT IN AN EXTREME HARDSHIP FOR THE SPOUSE OR FAMILY
MEMBER WHOSE LICENSE HAS NOT BEEN SUSPENDED OR REVOKED.  TO BE  ELIGIBLE
FOR  AN  EXTREME HARDSHIP EXCEPTION, A DULY LICENSED SPOUSE OR IMMEDIATE
FAMILY MEMBER MUST FURNISH PROOF ACCEPTABLE TO THE COMMISSIONER  OR  HIS
OR HER DULY AUTHORIZED AGENT THAT HE OR SHE JOINTLY USES A MOTOR VEHICLE
WHOSE  REGISTRATION  AND  NUMBER  PLATES  WOULD  OTHERWISE BE SUBJECT TO
SUSPENSION OR SURRENDER PURSUANT TO  SUBDIVISION  ONE  OR  TWO  OF  THIS
SECTION. ACCEPTABLE PROOF SHALL INCLUDE WITHOUT LIMITATION THE SPOUSE OR
IMMEDIATE  FAMILY  MEMBER BEING NAMED IN A POLICY OF LIABILITY INSURANCE
FOR THE MOTOR VEHICLE PURSUANT TO ARTICLE SEVEN OF THIS  CHAPTER  BEFORE
THE DATE OF CONVICTION, AND ANY ADDITIONAL FACTORS THAT THE COMMISSIONER

S. 2539--C                          3

OR  HIS  OR HER DULY AUTHORIZED AGENT DEEMS NECESSARY TO ESTABLISH JOINT
USE. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT  SHALL  DETER-
MINE  WHETHER  AN  INDIVIDUAL  QUALIFIES  AS AN IMMEDIATE FAMILY MEMBER,
PROVIDED  THAT SUCH DEFINITION OF IMMEDIATE FAMILY MEMBERS SHALL INCLUDE
WITHOUT LIMITATION DOMESTIC PARTNERS AS DEFINED IN SECTION FOUR  OF  THE
WORKERS' COMPENSATION LAW AND ANY CHILDREN OF THE REGISTRANT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S2539C

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2015-S2539 - Details

2015-S2539 - Summary

2015-S2539 - Sponsor Memo

2015-S2539 - Bill Text download pdf

co-Sponsors

2015-S2539A - Details

2015-S2539A - Summary

2015-S2539A - Sponsor Memo

2015-S2539A - Bill Text download pdf

co-Sponsors

2015-S2539B - Details

2015-S2539B - Summary

2015-S2539B - Sponsor Memo

2015-S2539B - Bill Text download pdf

co-Sponsors

2015-S2539C (ACTIVE) - Details

2015-S2539C (ACTIVE) - Summary

2015-S2539C (ACTIVE) - Sponsor Memo

2015-S2539C (ACTIVE) - Bill Text download pdf

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