S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2680
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Transportation
 
 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:
 
   Section 1. Paragraph (a) of subdivision 3 of section 226 of the  vehi-
 cle  and  traffic law, as amended by chapter 382 of the laws of 2020, is
 amended to read as follows:
   (a) If the person charged with the violation shall fail to answer  the
 summons  as  provided  herein  [involving  a  violation of section three
 hundred eighty-five of this chapter], the commissioner may suspend  such
 person's  license  or  driving  privilege  or,  if the charge involves a
 violation of section three hundred eighty-five, SECTION FOUR HUNDRED ONE
 OR SECTION FIVE HUNDRED ELEVEN-A of this chapter by a registrant who was
 not the operator of the vehicle, the registration of such vehicle or the
 privilege of operation of any motor vehicle owned by such registrant may
 be suspended, until such person shall answer as provided in  subdivision
 two  of  this section, OR HAS PAID THE FINE ASSOCIATED WITH A CONVICTION
 ENTERED AS A RESULT OF  THE  FAILURE  TO  APPEAR  IN  RESPONSE  TO  SUCH
 SUMMONS,  OR  THE DEFENDANT HAS BEEN ACQUITTED OF THE CHARGE THAT LED TO
 THE SUSPENSION OR SUCH CHARGE WAS OTHERWISE DISMISSED. If a person shall
 fail to appear at a hearing [involving  a  violation  of  section  three
 hundred eighty-five of this chapter], when such is provided for pursuant
 to  this section, such person's license, or registration or privilege of
 operating or of operation, as  appropriate,  may  be  suspended  pending
 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

 A. 2680                             2
 
 involved. Any suspension permitted by this subdivision,  if  already  in
 effect,  may  be terminated or if not yet in effect, may be withdrawn or
 withheld, prior to the disposition  of  the  charges  involved  if  such
 person  shall appear and post security in the amount of forty dollars to
 guarantee his or her appearance at any required  hearing.  The  security
 posted pursuant to this subdivision shall be returned upon appearance at
 the  scheduled  hearing or an adjourned hearing which results in a final
 disposition of the charge,  and  otherwise  shall  be  forfeited.  If  a
 suspension has been imposed pursuant to this subdivision and the case is
 subsequently  transferred  pursuant  to  subdivision  two of section two
 hundred twenty-five of this article, such  suspension  shall  remain  in
 effect  until  the  person answers the charges in the court to which the
 case was transferred. Any suspension issued pursuant to  this  paragraph
 shall be subject to the provisions of paragraph (j-1) of subdivision two
 of section five hundred three of this chapter.
   § 2. Subdivision 1-a of section 226 of the vehicle and traffic law, as
 added by chapter 382 of the laws of 2020, is amended to read as follows:
   1-a.  Return  date  notifications.  The  commissioner shall notify any
 person who receives a summons and complaint for  any  traffic  violation
 specified  in subdivision one of section two hundred twenty-five of this
 article of the time and place of the return date for  such  summons,  no
 later  than one week prior to such return date. The commissioner shall[:
 (a)] send such notification by first class mail at the address  of  such
 person on file with the department or at the current address provided by
 the  United States postal service in accordance with section two hundred
 fourteen of this title[; and (b) provide an additional  notification  by
 text  message,  electronic  mail, or telephone call whenever the commis-
 sioner has the telephone number  or  electronic  mail  address  of  such
 person].
   § 3. Paragraph (a) of subdivision 2 of section 1802 of the vehicle and
 traffic  law, as added by chapter 382 of the laws of 2020, is amended to
 read as follows:
   (a) Whenever fines and/or surcharges are imposed upon a natural person
 upon a conviction of a violation of any of the provisions of this  chap-
 ter or any local law, ordinance, order, rule or regulation made by local
 authorities  in  relation  to  traffic,  or whenever an order is entered
 pursuant to subdivision three of section  two  hundred  twenty-seven  of
 this  chapter,  the court or hearing officer shall offer such person the
 opportunity to enter into an installment payment plan at no  charge  for
 the payment of such fines and/or surcharges and any related fees INCLUD-
 ING  BUT NOT LIMITED TO THOSE DESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH
 (J-1) OF SUBDIVISION TWO OF  SECTION  FIVE  HUNDRED  THREE,  SUBDIVISION
 THREE  OF  SECTION  FIVE HUNDRED FOURTEEN AND PARAGRAPH A OF SUBDIVISION
 FOUR OF SECTION TWO HUNDRED  TWENTY-SEVEN  OF  THIS  CHAPTER.  Any  such
 installment  payment  plan  shall  be  comprised  of all fines, fees and
 mandatory surcharges and shall consist of monthly payments that  do  not
 exceed  two percent of such person's monthly net income or [ten] TWENTY-
 FIVE dollars per month, whichever is greater. For the purposes  of  this
 subdivision, the term "net income" shall mean such person's total income
 from  all sources and assets, minus deductions required by law including
 but not limited to  administrative  or  court-ordered  garnishments  and
 support  payments. A court or hearing officer may require the submission
 of a financial disclosure report, on a form prescribed  by  the  commis-
 sioner,  from  all  persons  who  opt  to enter into installment payment
 plans. A court or hearing officer also may accept payments  higher  than
 the  set amount, but may not undertake additional collection activity so

 A. 2680                             3
 
 long as the person meets  his  or  her  PAYMENT  obligations  under  the
 installment payment plan. A COURT OR HEARING OFFICER MAY UNDERTAKE ADDI-
 TIONAL  COLLECTION  ACTIVITY,  BUT  NO  SOONER  THAN NINETY DAYS AFTER A
 PERSON  FAILS  TO  MEET  THEIR  PAYMENT OBLIGATION UNDER THE INSTALLMENT
 PAYMENT PLAN. A court or hearing officer may  require  persons  entering
 installment  payment  plans  to appear periodically before such court or
 hearing officer, but no more frequently than annually, to  assess  their
 financial  circumstances,  and  may  set  a  new  payment amount if such
 person's financial circumstances have changed. A person who enters  into
 an  installment  payment  plan and experiences a reduction in income may
 petition the court or hearing officer [at any time]  NO  MORE  THAN  TWO
 TIMES  IN  A  CALENDAR  YEAR to seek a reduction in the monthly payment;
 PROVIDED, HOWEVER, IN THE INTERESTS OF JUSTICE,  THE  COURT  OR  HEARING
 OFFICER MAY ACCEPT A REDUCTION REQUEST FROM SUCH PERSON AT ANY TIME.
   § 4. Subdivision 4-a of section 510 of the vehicle and traffic law, as
 amended  by  chapter  382  of  the  laws  of 2020, is amended to read as
 follows:
   4-a. Suspension for failure to answer an appearance ticket [or to  pay
 a  fine].  (a)  Upon receipt of a court notification of the failure of a
 person to appear within sixty days of the return date or new  subsequent
 adjourned  date,  pursuant  to an appearance ticket charging said person
 with a violation of any OF THE PROVISIONS OF THIS  CHAPTER  (EXCEPT  ONE
 FOR  PARKING, STOPPING, OR STANDING), OF ANY violation of the tax law or
 of the transportation law regulating traffic OR OF ANY LAWFUL  ORDINANCE
 OR  REGULATION  MADE BY A LOCAL OR PUBLIC AUTHORITY, RELATING TO TRAFFIC
 (EXCEPT ONE FOR PARKING, STOPPING, OR STANDING) the commissioner or  his
 or  her  agent  may  suspend  the driver's license or privileges of such
 person pending receipt of notice from the court  that  such  person  has
 appeared  in  response  to such appearance ticket or has paid [such] THE
 fine ASSOCIATED WITH A CONVICTION ENTERED AS A RESULT OF THE FAILURE  TO
 APPEAR  IN RESPONSE TO SUCH APPEARANCE TICKET, OR THE DEFENDANT HAS BEEN
 ACQUITTED OF THE CHARGE THAT LED TO THE SUSPENSION OR  SUCH  CHARGE  WAS
 OTHERWISE  DISMISSED.  Such  suspension  shall  take effect no less than
 thirty days from the day upon which AN INITIAL notice thereof is sent by
 the commissioner to the person whose driver's license or privileges  are
 to  be  suspended, PROVIDED THAT THE COMMISSIONER SHALL SEND SUCH PERSON
 AT LEAST TWO NOTICES THEREOF, INCLUDING SUCH INITIAL  NOTICE,  AT  LEAST
 FIFTEEN DAYS APART DURING SUCH PERIOD. Any suspension issued pursuant to
 this  paragraph shall be subject to the provisions of paragraph (j-l) of
 subdivision two of section five hundred three of this chapter.
   (b) The provisions of paragraph (a)  of  this  subdivision  shall  not
 apply  to  a  registrant  who  was  not operating a vehicle, but who was
 issued a summons or an appearance ticket  for  a  violation  of  section
 three  hundred  eighty-five,  section  four  hundred one or section five
 hundred eleven-a of this chapter. Upon the receipt of a court  notifica-
 tion  of  the  failure of such person to appear within sixty days of the
 return date or a new subsequent adjourned date, pursuant to  an  appear-
 ance  ticket charging said person with such violation, or the failure of
 such person to pay a fine imposed by a court, the commissioner or his or
 her agent may suspend  the  registration  of  the  vehicle  or  vehicles
 involved  in such violation or privilege of operation of any motor vehi-
 cle owned by the registrant pending receipt of  notice  from  the  court
 that  such  person has appeared in response to such appearance ticket or
 has paid such fine.   Such suspension shall take  effect  no  less  than
 thirty  days  from  the  day  upon  which  notice thereof is sent by the
 commissioner to the person whose registration  or  privilege  is  to  be

 A. 2680                             4
 
 suspended.  Any  suspension  issued  pursuant to this paragraph shall be
 subject to the provisions of  paragraph  (j-1)  of  subdivision  two  of
 section five hundred three of this chapter.
   (c) Upon receipt of notification from a traffic and parking violations
 agency  or  a  traffic  violations  agency of the failure of a person to
 appear within sixty days of the return date or new subsequent  adjourned
 date,  pursuant  to  an  appearance  ticket  charging said person with a
 violation of:
   (i) ANY OF THE PROVISIONS OF THIS  CHAPTER  EXCEPT  ONE  FOR  PARKING,
 STOPPING OR STANDING AND EXCEPT THOSE VIOLATIONS DESCRIBED IN PARAGRAPHS
 (A),  (B),  (D),  (E)  AND (F) OF SUBDIVISION TWO AND IN PARAGRAPHS (A),
 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A AND IN  PARAGRAPHS  (A),
 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-B OF SECTION THREE HUNDRED
 SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW;
   (II)  section  five hundred two or subdivision (a) of section eighteen
 hundred fifteen of the tax law; [or
   (ii)] (III) section fourteen-f (except paragraph  (b)  of  subdivision
 four of section fourteen-f), two hundred eleven or two hundred twelve of
 the transportation law; OR
   (IV)  ANY  LAWFUL  ORDINANCE  OR  REGULATION MADE BY A LOCAL OR PUBLIC
 AUTHORITY RELATING TO TRAFFIC  (EXCEPT  ONE  FOR  PARKING,  STOPPING  OR
 STANDING), the commissioner or his or her agent may suspend the driver's
 license  or privileges of such person pending receipt of notice from the
 agency that such person has appeared  in  response  to  such  appearance
 ticket  or has paid [such] THE fine ASSOCIATED WITH A CONVICTION ENTERED
 AS A RESULT OF THE FAILURE TO APPEAR  IN  RESPONSE  TO  SUCH  APPEARANCE
 TICKET,  OR  THE  DEFENDANT HAS BEEN ACQUITTED OF THE CHARGE THAT LED TO
 THE SUSPENSION OR SUCH CHARGE WAS OTHERWISE DISMISSED.  Such  suspension
 shall  take  effect  no less than thirty days from the day upon which AN
 INITIAL notice thereof is sent by the commissioner to the  person  whose
 driver's  license  or  privileges are to be suspended, PROVIDED THAT THE
 COMMISSIONER SHALL SEND  SUCH  PERSON  AT  LEAST  TWO  NOTICES  THEREOF,
 INCLUDING  SUCH  INITIAL NOTICE, AT LEAST FIFTEEN DAYS APART DURING SUCH
 PERIOD. Any suspension  issued  pursuant  to  this  paragraph  shall  be
 subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
 section five hundred three of this chapter.
   § 5. Sections 7 and 8 of 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, are amended to read as follows:
   § 7. Termination of suspension for failure to [appear, answer or]  pay
 a  fine.  a. [Within three months of the effective date of this section,
 the] THE commissioner of motor vehicles shall terminate all  suspensions
 of  licenses,  privileges  to  operate a motor vehicle and registrations
 based upon a failure to [appear, answer, or]  pay  a  fine,  penalty  or
 mandatory  surcharge  pursuant to subdivision 3 of section 226, subdivi-
 sion 4 of section 227, or subdivision 4-a of section 510 of the  vehicle
 and  traffic law, in effect prior to the effective date of this section.
 The commissioner of motor vehicles shall waive all fees and fines  asso-
 ciated with the termination of such suspension, including but not limit-
 ed to those described in subparagraph (i) of paragraph (j-1) of subdivi-
 sion  2  of section 503, subdivision 3 of section 514 and paragraph a of
 subdivision 4 of section 227 of the  vehicle  and  traffic  law,  as  in
 existence  prior to the effective date of this section. Provided, howev-
 er, that the provisions of this section shall not apply  to  suspensions
 imposed pursuant to such sections involving violations of section 385 of

 A. 2680                             5
 
 the  vehicle  and traffic law, or any violation of the tax law or of the
 transportation law regulating traffic.
   b.  Upon  termination  of  suspensions  pursuant  to this section, the
 commissioner of motor vehicles  shall  give  the  person  whose  license
 and/or  registration suspension is terminated pursuant to this section a
 written notification by first class mail to the address of  such  person
 on  file with the department of motor vehicles or at the current address
 provided by the United States postal service. Such notice  shall  inform
 such person of the termination of the suspension of their license and/or
 registration,  the  date of such termination, [that continued failure to
 answer the violation for which the suspension for failure to answer  was
 originally imposed may subject such person to the entry of a guilty plea
 on  their  behalf  and  the rendering of a default judgment of a fine as
 well as additional enforcement actions including  garnishment  of  wages
 and  personal property, restraining of bank accounts, and the placing of
 liens on real property, and that unpaid fines can be entered as a  civil
 judgment for enforcement. Such notice also shall provide instructions on
 how  such  person  can  avoid  the  imposition  of such additional plea,
 default, and enforcement actions] AND OF THEIR RIGHT TO  ENTER  INTO  AN
 INSTALLMENT  PAYMENT  PLAN  PURSUANT TO SUBDIVISION 2 OF SECTION 1802 OF
 THE VEHICLE AND TRAFFIC LAW.
   § 8. 1. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION,  THE
 COMMISSIONER  OF MOTOR VEHICLES, IN CONSULTATION WITH THE CHIEF ADMINIS-
 TRATIVE JUDGE, SHALL PROVIDE  EACH  COURT  AND  ADMINISTRATIVE  TRIBUNAL
 WITHIN  THE  STATE A NOTIFICATION ADVISING SUCH COURT AND ADMINISTRATIVE
 TRIBUNAL THAT NO FURTHER  ENFORCEMENT  ACTION  MAY  BE  UNDERTAKEN  WITH
 REGARD TO SUSPENSIONS OF LICENSES OR PRIVILEGES TO OPERATE A MOTOR VEHI-
 CLE  BASED UPON A FAILURE TO PAY A FINE, PENALTY, MANDATORY SURCHARGE OR
 OTHER RELATED FEE ISSUED PURSUANT  TO  SUBDIVISION  3  OF  SECTION  226,
 SUBDIVISION  4  OF SECTION 227, OR SUBDIVISION 4-A OF SECTION 510 OF THE
 VEHICLE AND TRAFFIC LAW.
   2. THE COMMISSIONER OF MOTOR VEHICLES SHALL, WITHIN A REASONABLE PERI-
 OD AFTER SUCH INSTALLMENT PAYMENT PLAN  HAS  BEEN  IMPLEMENTED,  SEND  A
 NOTICE  TO  PERSONS WHOSE DRIVERS' LICENSES, PRIVILEGES, OR REGISTRATION
 HAVE BEEN SUSPENDED FOR FAILURE TO APPEAR OR ANSWER A SUMMONS OR APPEAR-
 ANCE TICKET, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSONS ON  FILE
 WITH THE DEPARTMENT OF MOTOR VEHICLES OR AT THE CURRENT ADDRESS PROVIDED
 BY THE UNITED STATES POSTAL SERVICE, OF THE AVAILABILITY OF, THEIR RIGHT
 TO  ENTER  INTO  AND  INFORMATION  ON  HOW TO ENTER INTO, AN INSTALLMENT
 PAYMENT PLAN FOR ALL FINES, SURCHARGES AND ANY RELATED FEES  IN  ACCORD-
 ANCE WITH SECTION THREE OF THIS ACT.
   §  9. This act shall take effect on the [ninetieth] ONE HUNDRED EIGHT-
 IETH day after it shall have become a law  provided,  however,  sections
 [two  and seven] FOUR, FIVE, SIX AND EIGHT of this act shall take effect
 [the first of April next succeeding the date upon which  it  shall  have
 become  a  law] IMMEDIATELY. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.
   §  6.  This act shall take effect immediately, provided, however, that
 sections one, two, three and four of this act shall take effect  on  the
 same  date  and  in  the same manner as chapter 382 of the laws of 2020,
 takes effect.