S T A T E   O F   N E W   Y O R K
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                                  8566

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2009
                               ___________

Introduced  by  M.  of  A.  GANTT  -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee  on  Trans-
  portation

AN  ACT  to  amend the vehicle and traffic law, in relation to automatic
  suspension of a license and hardship privileges

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

  Section  1. Clause e of subparagraph 7 of paragraph (e) of subdivision
2 of section 1193 of the vehicle and traffic law, as amended by  chapter
251 of the laws of 2007, is amended to read as follows:
  e.  If  the  court  finds that the suspension imposed pursuant to this
subparagraph will result in extreme hardship, the court must issue  such
suspension, but may grant a hardship privilege, which shall be issued on
a  form prescribed by the commissioner. For the purposes of this clause,
"extreme hardship" shall mean the inability to obtain alternative  means
of  travel  to or from the licensee's employment, OR NECESSARY OPERATION
OF A VEHICLE DURING THE COURSE OF THE LICENSEE'S EMPLOYMENT,  or  to  or
from  necessary  medical  treatment  for the licensee or a member of the
licensee's household, or if the  licensee  is  a  matriculating  student
enrolled  in  an  accredited  school, college or university travel to or
from such licensee's school, college or university  if  such  travel  is
necessary  for  the completion of the educational degree or certificate.
The burden of proving extreme hardship shall be on the licensee who  may
present  material  and  relevant evidence. A finding of extreme hardship
may not be based solely upon the testimony of the licensee. In no  event
shall  arraignment  be  adjourned  or  otherwise delayed more than three
business days solely for the purpose of allowing the licensee to present
evidence of extreme hardship. The court shall set forth upon the record,
or otherwise set forth in writing, the factual basis for  such  finding.
The  hardship privilege shall permit the operation of a vehicle only for
travel to or from the licensee's employment, OR NECESSARY OPERATION OF A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10107-01-9
              

A. 8566                             2

VEHICLE DURING THE COURSE OF THE LICENSEE'S EMPLOYMENT FOR A  PERIOD  OF
NO  MORE THAN THIRTY DAYS, or to or from necessary medical treatment for
the licensee or a member of the licensee's household, or if the licensee
is  a matriculating student enrolled in an accredited school, college or
university travel to or from such licensee's school, college or  univer-
sity  if  such travel is necessary for the completion of the educational
degree or certificate. A hardship privilege shall not be valid  for  the
operation of a commercial motor vehicle.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that the amendments to clause e of
subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of  the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such subparagraph and shall be deemed repealed therewith.