S T A T E   O F   N E W   Y O R K
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                                  6203

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by M. of A. BARRA -- Multi-Sponsored by -- M. of A. TOWNSEND
  -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  the commissioner of motor vehicles to refuse to register a motor vehi-
  cle  or  motorcycle  of  a  person  in default in making child support
  payments

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

  Section  1.  Subdivision 5-a of section 401 of the vehicle and traffic
law is amended by adding a new paragraph d to read as follows:
  D. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THEREOF
THERE IS ON FILE WITH THE COMMISSIONER PROOF SATISFACTORY TO THE COMMIS-
SIONER THAT (1) THE REGISTRANT IS IN DEFAULT IN PAYMENT OF CHILD SUPPORT
OBLIGATIONS AS REQUIRED BY A SEPARATION AGREEMENT OR ORDER OR DECREE  OF
A  COURT  OF  COMPETENT  JURISDICTION OR (2) THAT A JUDGMENT AGAINST THE
REGISTRANT FOR ARREARAGES IN CHILD SUPPORT PAYMENTS HAS NOT BEEN  SATIS-
FIED,  THE  COMMISSIONER  OR  HIS  AGENT  SHALL DENY THE REGISTRATION OR
RENEWAL APPLICATION UNTIL THE APPLICANT PROVIDES PROOF  SATISFACTORY  TO
THE  COMMISSIONER  THAT SUCH PAYMENTS HAVE BEEN MADE IN AN AMOUNT SUFFI-
CIENT TO CURE SUCH DEFAULT OR SATISFY SUCH JUDGMENT. WHERE  AN  APPLICA-
TION  IS DENIED PURSUANT TO THIS PARAGRAPH, THE COMMISSIONER MAY, IN HIS
DISCRETION, DENY A REGISTRATION OR  RENEWAL  APPLICATION  TO  ANY  OTHER
PERSON  FOR  THE  SAME  VEHICLE  AND  MAY DENY A REGISTRATION OR RENEWAL
APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE  NAME  OF  THE
APPLICANT  WHERE  THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH  AND  WHERE  THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
RENEWAL  WILL  HAVE  THE  EFFECT OF DEFEATING THE PURPOSES OF THIS PARA-
GRAPH. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE  APPLICANT
REMAINS  IN  DEFAULT  IN  PAYMENT  PURSUANT  TO THE AGREEMENT, ORDER, OR
DECREE OR THE JUDGMENT REMAINS UNSATISFIED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08010-01-9
              

A. 6203                             2

  S 2. Section 410 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:
  8.  PAYMENT  OF  CHILD  SUPPORT.   IF AT THE TIME OF APPLICATION FOR A
REGISTRATION OR RENEWAL THEREOF THERE IS ON FILE WITH  THE  COMMISSIONER
PROOF SATISFACTORY TO THE COMMISSIONER THAT THE REGISTRANT IS IN DEFAULT
IN  PAYMENT  OF  CHILD  SUPPORT  OBLIGATIONS AS REQUIRED BY A SEPARATION
AGREEMENT OR ORDER OR DECREE OF A COURT OF  COMPETENT  JURISDICTION,  OR
THAT  A  JUDGMENT AGAINST THE REGISTRANT FOR ARREARAGES IN CHILD SUPPORT
PAYMENTS HAS NOT BEEN SATISFIED, THE COMMISSIONER  OR  HIS  AGENT  SHALL
DENY  THE  REGISTRATION  OR  RENEWAL  APPLICATION  UNTIL  THE  APPLICANT
PROVIDES PROOF SATISFACTORY TO THE COMMISSIONER THAT SUCH PAYMENTS  HAVE
BEEN  MADE  IN AN AMOUNT SUFFICIENT TO CURE SUCH DEFAULT OR SATISFY SUCH
JUDGMENT. WHERE AN APPLICATION IS DENIED PURSUANT TO  THIS  SUBDIVISION,
THE  COMMISSIONER MAY, IN HIS DISCRETION, DENY A REGISTRATION OR RENEWAL
APPLICATION TO ANY OTHER PERSON FOR THE SAME MOTORCYCLE AND MAY  DENY  A
REGISTRATION  OR RENEWAL APPLICATION FOR ANY OTHER MOTORCYCLE REGISTERED
IN THE NAME OF THE APPLICANT WHERE THE COMMISSIONER HAS DETERMINED  THAT
SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVI-
SION  AND  WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT
SUCH REGISTRATION OR RENEWAL WILL  HAVE  THE  EFFECT  OF  DEFEATING  THE
PURPOSES OF THIS SUBDIVISION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS
LONG  AS  THE  APPLICANT  REMAINS  IN DEFAULT IN PAYMENT PURSUANT TO THE
AGREEMENT, ORDER, OR DECREE OR THE JUDGMENT REMAINS UNSATISFIED.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided  that  the  commissioner  of  motor
vehicles is authorized, effective immediately, to promulgate any and all
rules  and  regulations necessary to its implementation on its effective
date.