Senate Bill S7495

2021-2022 Legislative Session

Disallows the suspension or revocation of a domestic violence victim's driver's license or registration for non-payment or lapse of insurance coverage

download bill text pdf

Sponsored By

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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2021-S7495 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §318, V & T L
Versions Introduced in 2023-2024 Legislative Session:
S2645

2021-S7495 (ACTIVE) - Summary

Disallows the suspension or revocation of a domestic violence victim's driver's license or registration for non-payment or lapse of insurance coverage upon a proper showing of current insurance and a court order or attorney affirmation that such individual is in fact a victim of domestic violence.

2021-S7495 (ACTIVE) - Sponsor Memo

2021-S7495 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7495
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 29, 2021
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law, in relation to  disallowing
   suspension  or  revocation  of  a  domestic violence victim's driver's
   license or registration for non-payment or lapse of insurance coverage

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  318 of the vehicle and traffic law is amended by
 adding a new subdivision 16 to read as follows:
   16. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)  OF  THIS  SUBDIVI-
 SION, NO REVOCATION OR SUSPENSION ORDER SHALL BE ISSUED PURSUANT TO THIS
 SECTION,  OR  IF SUCH REVOCATION OR SUSPENSION ORDER HAS BEEN ISSUED, IT
 SHALL BE TERMINATED UPON A PROPER SHOWING OF CURRENT EFFECTIVE FINANCIAL
 SECURITY, IF THE COMMISSIONER SHALL DETERMINE THAT THE  PERSON  INVOLVED
 IS  A  VICTIM  OF  DOMESTIC  VIOLENCE AND WAS NOT AWARE OF THE FACT THAT
 FINANCIAL SECURITY WAS NOT IN EFFECT DUE  TO  NON-PAYMENT  OR  LAPSE  OF
 COVERAGE  AND  THE FAILURE TO HAVE SUCH FINANCIAL SECURITY IN EFFECT WAS
 CAUSED SOLELY BY THE NEGLIGENCE OR MALFEASANCE OF A  PERSON  OTHER  THAN
 SUCH VICTIM.
   (B)  THE  BURDEN  OF PROVING LACK OF KNOWLEDGE THAT FINANCIAL SECURITY
 WAS NOT IN EFFECT AND THAT SUCH FAILURE RESULTED SOLELY FROM THE  NEGLI-
 GENCE  OR  MALFEASANCE  OF  ANOTHER  SHALL BE UPON THE PERSON SEEKING TO
 AVOID REVOCATION OR SUSPENSION ACTION. SUCH FACTS SHALL  BE  ESTABLISHED
 BY  CLEAR  AND  CONVINCING EVIDENCE, EITHER BY THE SUBMISSION OF AFFIDA-
 VITS, A COURT ORDER, OR AT A HEARING CALLED IN  THE  DISCRETION  OF  THE
 COMMISSIONER.
   (C)  A  DETERMINATION  BY  THE COMMISSIONER THAT THE PERSON SEEKING TO
 AVOID REVOCATION OR SUSPENSION ACTION  FOR  FAILURE  TO  HAVE  FINANCIAL
 SECURITY  IN  EFFECT  AS A RESULT OF BEING A VICTIM OF DOMESTIC VIOLENCE
 SHALL RELIEVE SUCH VICTIM OF THE PENALTIES AND DISABILITIES PROVIDED  IN
 THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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