NY State Senate Bill 2017-S947

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 05, 2017	referred to transportation

co-Sponsors

2017-S947 (ACTIVE) - Details

See Assembly Version of this Bill:: A6374
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §503, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6821, A9972
2015-2016: S3140, A9120

2017-S947 (ACTIVE) - Summary

Provides a sixty day stay of suspension and revocation of licenses and registrations of military service personnel while on active duty.

2017-S947 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S947

 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 the drivers license and vehicle registration 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
re-filing.

 SUMMARY OF PROVISIONS :

Specifically, this bill would amend 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 re-filing 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
speed monitoring devices) of such military service personnel while on
active duty, without prejudice for re-filing after sixty days.

 JUSTIFICATION :

Presently, pursuant to the Service Members 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 Service Members 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.

2017-S947 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    947
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  CROCI,  GALLIVAN,  LARKIN, ORTT -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00542-01-7

 S. 947                              2
 
 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
 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 INCLUDING A
 VIOLATION OBSERVED BY A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITOR-
 ING  DEVICE  OR  A  PHOTO  SPEED VIOLATION MONITORING SYSTEM, 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.
   § 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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Senate Bill S947

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2017-S947 (ACTIVE) - Details

2017-S947 (ACTIVE) - Summary

2017-S947 (ACTIVE) - Sponsor Memo

2017-S947 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S947

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Patrick M. Gallivan

Pamela Helming

William Larkin

Robert G. Ortt

2017-S947 (ACTIVE) - Details

2017-S947 (ACTIVE) - Summary

2017-S947 (ACTIVE) - Sponsor Memo

2017-S947 (ACTIVE) - Bill Text download pdf

Comments