senate Bill S6821

Relates to veteran suspended licenses

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Mar / 2014
    • REFERRED TO TRANSPORTATION
  • 06 / May / 2014
    • 1ST REPORT CAL.517
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • PASSED SENATE
  • 02 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2014
    • REFERRED TO TRANSPORTATION

Summary

Relates to veteran suspended licenses.

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Bill Details

See Assembly Version of this Bill:
A9972
Versions:
S6821
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง503, V & T L

Sponsor Memo

BILL NUMBER:S6821

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to veteran suspended licenses

PURPOSE: This bill would provide a sixty day stay of suspension and
revocation of licenses and registrations of military service personnel
while on active duty, and would additionally reverse in absentia
convictions of vehicle and traffic violations of such military service
personnel while on active duty, without prejudice for refiling.

SUMMARY OF PROVISIONS: Specifically, this bill would amend section
503 of the vehicle and traffic law to:

1. Provide a sixty day stay of suspension and revocation of licenses
and registrations of military service personnel (including Army, Navy,
Air Force, Marines, Coast Guard, Army Reserve, Naval Reserve, Marine
Reserve, Air Force Reserve, National Guard, New York Army National
Guard, New York Air National Guard, New York Guard or Naval Militia)
while on active duty;

2. Provide for the reversal and vacating of in absentia convictions of
vehicle and traffic violations of such military personnel while on
active duty, without prejudice for refiling after sixty days; and

3. Provide for the reversal and vacating of in absentia convictions of
administrative violations (as observed by red light cameras and for EZ
Pass) of such military service personnel while on active duty, without
prejudice for refiling after sixty days.

JUSTIFICATION: Presently, pursuant to the Servicemembers Civil Relief
Act, military personnel called to active duty cannot be convicted or
found liable in court proceedings, during the course of their active
duty. Some jurisdictions have argued, however, that in order for these
protections to apply, with respect to vehicle and traffic matters,
that these military service members must notify the Commissioner of
Motor Vehicles, prior to their deployment, to avoid such suspension,
revocations or convictions. This bill would clarify this requirement,
to provide that when such military service member has been called to
active duty, and upon return learns that such a suspension, revocation
or conviction has occurred, that such will be vacated and reversed,
for not less than sixty days.

The basis for the Servicemembers Civil Relief Act, is that a service
member called to active duty outside the state cannot avail themselves
of their rights to defend actions brought against them during the
pendency of their active duty service. Accordingly, this bill would
extend the basis of such guarantees, deserved and earned by veterans
concerning vehicle and traffic matters. It would allow returning
veterans to have not less than sixty days upon their return home from
active duty military service to address the reasons for the
suspension, revocation or conviction.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None noted


EFFECTIVE DATE: This bill would take effect on the first day of
November after it shall become a law.

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

                                  6821

                            I N  S E N A T E

                             March 13, 2014
                               ___________

Introduced  by  Sens. ZELDIN, BONACIC, GRISANTI, LARKIN, MARTINS, SEWARD
  -- 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  veteran
  suspended licenses

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

  Section 1. Subdivision 3 of section 503 of  the  vehicle  and  traffic
law,  as  amended by chapter 548 of the laws of 1986, is amended to read
as follows:
  3. Waiver of fee. (A) The commissioner may waive the payment  of  fees
required by subdivision two of this section if the applicant:
  (i)  is  an inmate in an institution under the jurisdiction of a state
department or agency, or
  (ii) is a victim of crime and the driver's license or learner's permit
applied for is a replacement for one that was lost  or  destroyed  as  a
result of the crime.
  (B) A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF THE UNITED STATES
ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
GUARD,  WHOSE LICENSE OR REGISTRATION IS SUSPENDED OR REVOKED DURING THE
PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL,  UPON
THE  SUBMISSION  OF PROOF OF SUCH ACTIVE SERVICE TO THE COMMISSIONER, BE
LIFTED AND VACATED UPON ORDER OF THE COMMISSIONER,  WITHOUT  COST,  FEE,
FINE,  OR  PENALTY.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
THE COMMISSIONER MAY IMPOSE A NEW SUSPENSION OF  SUCH  SERVICE  MEMBER'S
DRIVER'S  LICENSE OR REGISTRATION, AFTER SIXTY DAYS OF THE RETURN OF THE
SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER SIXTY DAYS OF
THE LIFTING OR VACATING OF THE SUSPENSION OR  REVOCATION,  WHICHEVER  IS
LATER,  IF  THE  REASON  UPON  WHICH  THE  LICENSE  OR  REGISTRATION WAS
ORIGINALLY SUSPENDED, HAS NOT BEEN RESOLVED. PRIOR TO  THE  ISSUANCE  OF
THE  NEW  SUSPENSION  OR  REVOCATION,  THE COMMISSIONER SHALL NOTIFY THE
SERVICE MEMBER NOT LESS THAN THIRTY DAYS BEFORE SUCH NEW  SUSPENSION  OR
REVOCATION  WOULD  TAKE EFFECT. NO SUSPENSION OR REVOCATION OF A LICENSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14194-01-4

S. 6821                             2

OF A SERVICE MEMBER SHALL BE LIFTED OR VACATED IN ACCORDANCE  WITH  THIS
SUBDIVISION, IF SUCH SUSPENSION OR REVOCATION WAS IMPOSED AS A RESULT OF
A  COURT  ORDER  ISSUED PRIOR TO THE DATE OF THE SERVICE MEMBER'S ACTIVE
DUTY, IN A PROCEEDING IN WHICH THE SERVICE MEMBER PERSONALLY APPEARED.
  (C)  ANY  ACTION OR PROCEEDING RESULTING IN THE CONVICTION IN ABSENTIA
OF A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF  THE  UNITED  STATES
ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
GUARD,  FOR  A  VIOLATION  OF  THE  VEHICLE  AND TRAFFIC LAW, DURING THE
PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL,  UPON
THE  SUBMISSION  OF  PROOF  OF  SUCH ACTIVE SERVICE TO THE COMMISSIONER,
CAUSE THE COMMISSIONER TO NOTIFY THE COURT WHERE THE SERVICE MEMBER  WAS
CONVICTED,  OF  THE ACTIVE DUTY SERVICE OF THE SERVICE MEMBER, WHEREUPON
SUCH COURT SHALL IMMEDIATELY REVERSE AND VACATE SUCH CONVICTION, WITHOUT
COST, FEE, FINE, OR PENALTY, AND  NOTIFY  THE  SERVICE  MEMBER  OF  SUCH
ACTION.    NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE COURT
MAY ACCEPT A REFILING OF THE CHARGES UPON WHICH SUCH SERVICE MEMBER  WAS
ORIGINALLY  CONVICTED,  WITHOUT  PREJUDICE,  BY A PROSECUTING AUTHORITY,
AFTER SIXTY DAYS OF THE RETURN OF THE SERVICE MEMBER  FROM  SUCH  ACTIVE
MILITARY  SERVICE,  OR  AFTER SIXTY DAYS OF THE REVERSING OR VACATING OF
THE ORIGINAL CONVICTION, WHICHEVER IS LATER. IF THE ORIGINAL CHARGES ARE
SO REFILED, THE COURT SHALL NOTIFY THE  SERVICE  MEMBER  NOT  LESS  THAN
THIRTY  DAYS  BEFORE  SUCH  CHARGES MUST BE ANSWERED. NO CONVICTION OF A
SERVICE MEMBER SHALL BE REVERSED OR  VACATED  IN  ACCORDANCE  WITH  THIS
SUBDIVISION,  IF  SUCH  CONVICTION  WAS IMPOSED PRIOR TO THE DATE OF THE
SERVICE MEMBER'S ACTIVE DUTY, IN  A  PROCEEDING  IN  WHICH  THE  SERVICE
MEMBER PERSONALLY APPEARED.
  (D)  ANY  ACTION OR PROCEEDING RESULTING IN THE CONVICTION IN ABSENTIA
OF A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF  THE  UNITED  STATES
ARMY,  NAVY,  AIR  FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW
YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD,  NAVAL  MILITIA  OR  STATE
GUARD,  FOR A VIOLATION OF AN ADMINISTRATIVE CODE, INCLUDING A VIOLATION
OBSERVED BY RED LIGHT CAMERAS OR THE TERMS AND AGREEMENTS OF AN EZ  PASS
CONTRACT,  DURING  THE  PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE
THE STATE, SHALL, UPON THE SUBMISSION OF PROOF OF SUCH ACTIVE SERVICE TO
THE COMMISSIONER, CAUSE THE COMMISSIONER TO  NOTIFY  THE  ADMINISTRATIVE
ENTITY  WHICH  DETERMINED SUCH CONVICTION, OF THE ACTIVE DUTY SERVICE OF
THE SERVICE MEMBER, WHEREUPON SUCH  ADMINISTRATIVE  ENTITY  SHALL  IMME-
DIATELY  REVERSE AND VACATE SUCH CONVICTION, WITHOUT COST, FEE, FINE, OR
PENALTY, AND NOTIFY THE SERVICE MEMBER OF SUCH  ACTION.  NOTWITHSTANDING
THE PROVISIONS OF THIS SUBDIVISION, THE ADMINISTRATIVE ENTITY MAY ACCEPT
A  REFILING OF THE ADMINISTRATIVE CHARGES UPON WHICH SUCH SERVICE MEMBER
WAS ORIGINALLY CONVICTED, WITHOUT PREJUDICE, AFTER  SIXTY  DAYS  OF  THE
RETURN OF THE SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER
SIXTY  DAYS  OF  THE  REVERSING  OR VACATING OF THE ORIGINAL CONVICTION,
WHICHEVER IS LATER. IF THE ORIGINAL CHARGES ARE SO REFILED, THE ADMINIS-
TRATIVE ENTITY SHALL NOTIFY THE SERVICE MEMBER NOT LESS THAN THIRTY DAYS
BEFORE SUCH CHARGES MUST BE ANSWERED. NO CONVICTION OF A SERVICE  MEMBER
SHALL  BE  REVERSED  OR  VACATED IN ACCORDANCE WITH THIS SUBDIVISION, IF
SUCH CONVICTION WAS IMPOSED PRIOR TO THE DATE OF  THE  SERVICE  MEMBER'S
ACTIVE  DUTY,  IN  A  PROCEEDING  IN WHICH THE SERVICE MEMBER PERSONALLY
APPEARED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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