NY State Senate Bill 2017-S3302

Senate Bill S3302

2017-2018 Legislative Session

Provides for the surrender of the numbers plates of vehicles owned by a person whose license is suspended in cities having a population of one million or more

download bill text pdf

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 20, 2017	referred to transportation

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2017-S3302 (ACTIVE) - Details

See Assembly Version of this Bill:: A6377
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §403-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6385, A8586
2015-2016: S2539, A3508
2019-2020: A1045

2017-S3302 (ACTIVE) - Summary

Relates to the surrender of number plates of vehicles owned by a person whose license is suspended in cities having a population of one million or more.

2017-S3302 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3302

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to the surrender of number plates of all motor vehicles which
a person has registered where such person has a suspended or revoked
license arising out of the operation of a motor vehicle within a city
having a population of one million or more

 SUMMARY OF SPECIFIC PROVISIONS :

Section one amends the vehicle and traffic law by adding a new section
403-c. The section would require any person who has had their license
suspended or revoked pursuant to the vehicle and traffic law for an
incident that occurred in a city of more than one million residents to
surrender the certificates of registration and number plates of
registered motor vehicles to the department of motor vehicles.
Additionally, the Department of Motor Vehicles will provide notice to
those who must return such plates and registrations, and provides a
penalty for noncompliance. Last, there is an exception to this
requirement for vehicles shared by members of the affected person's
family when the return of such plates and registrations would result
in undue hardship.

 JUSTIFICATION :

Recently, more attention has been paid to the fact that drivers with

suspended licenses in New York State are still getting behind the
wheel - and killing people. Ten percent of all crashes in New York are
caused by drivers with suspended or revoked licenses, and 75 percent
of those drivers still get behind the wheel.

Often these drivers are suspended for reckless, dangerous, or drunken
driving and are a menace to not only pedestrians like Noshat Nahian,
the eight year old third grader at PS 152 who lost his life when he
was hit by a tractor trailer while crossing Northern Boulevard at 61st
Street, but also to other drivers on the road.  Licenses are suspended
for a reason and suspending these license plates would keep dangerous
drivers off the road.

 PRIOR LEGISLATIVE HISTORY :

2016: Died in Transportation
2015: Senate Bill 2539 (Gianaris) Reported by Senate Transportation
Committee, Referred to Senate Codes Committee.
2014: Senate Bill 6385 (Gianaris) - Died in Senate Transportation
Committee

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act should take effect on the one hundred eightieth day after it
shall have become a law.

2017-S3302 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3302
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, KRUEG-
   ER, LATIMER, PARKER, STAVISKY -- 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 the surren-
   der of number plates of all motor vehicles which a person  has  regis-
   tered where such person has a suspended or revoked license arising out
   of  the operation of a motor vehicle within a city having a population
   of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 403-c to read as follows:
   § 403-C. SURRENDER OF REGISTRATION  AND  NUMBER  PLATES.  1.  (A)  ANY
 PERSON  WHO  HAS  HAD  THEIR  LICENSE  SUSPENDED  OR REVOKED PURSUANT TO
 SECTION FIVE HUNDRED TEN OR FIVE HUNDRED  TEN-A  OF  THIS  CHAPTER,  FOR
 CONDUCT  RELATING  TO  THE  OPERATION  OF  A MOTOR VEHICLE WITHIN A CITY
 HAVING A POPULATION OF ONE MILLION  OR  MORE,  SHALL  SURRENDER  TO  THE
 DEPARTMENT THE NUMBER PLATES OF ALL MOTOR VEHICLES WHICH SUCH PERSON HAS
 REGISTERED  PURSUANT  TO  THIS ARTICLE, AND SHALL HAVE ANY MOTOR VEHICLE
 REGISTRATIONS WHICH BELONG TO SUCH PERSON SUSPENDED. SUCH  SURRENDER  OF
 NUMBER  PLATES  AND  VEHICLE  SUSPENSION  OR SUSPENSIONS SHALL REMAIN IN
 EFFECT AS LONG AS THE SUSPENSION OR REVOCATION OF SUCH DRIVER'S LICENSE.
   (B) WHEN A LICENSE IS SUSPENDED OR REVOKED PURSUANT TO ANY SUBDIVISION
 OF SECTION FIVE HUNDRED TEN OR FIVE HUNDRED TEN-A OF THIS CHAPTER, WHICH
 REQUIRES CONVICTION OF MULTIPLE OFFENSES, INFRACTIONS OR VIOLATIONS, THE
 PROVISIONS OF THIS SECTION SHALL ONLY APPLY IF THE FINAL  SUCH  OFFENSE,
 INFRACTION  OR VIOLATION OCCURS WITHIN A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE.
   2. ALL MOTOR VEHICLES REGISTERED TO SUCH PERSON SHALL  NOT  BE  REGIS-
 TERED  OR  REREGISTERED IN THE NAME OF SUCH PERSON, OR IN ANY OTHER NAME
 WHERE THE COMMISSIONER HAS  REASONABLE  GROUNDS  TO  BELIEVE  THAT  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08750-01-7

 S. 3302                             2
 
 REGISTRATION  OR  REREGISTRATION  WILL  HAVE THE EFFECT OF DEFEATING THE
 PURPOSES OF THIS SECTION, AND NO OTHER MOTOR VEHICLE SHALL BE REGISTERED
 IN THE NAME OF SUCH PERSON DURING THE PERIOD OF SUCH SUSPENSION.
   3.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION FIVE OF SECTION FOUR HUNDRED
 TWENTY-EIGHT OF THIS TITLE, REFUNDS OF FEES ASSESSED  PURSUANT  TO  THIS
 ARTICLE  AND ARTICLE FOURTEEN-A OF THIS TITLE SHALL NOT BE PROVIDED WHEN
 SUSPENSION IS MANDATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   4. THE COMMISSIONER SHALL DETERMINE THAT  AN  OFFENSE,  INFRACTION  OR
 VIOLATION  OCCURRED  WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, IF THE ACCUSATORY INSTRUMENT THEREFOR, AS DEFINED  IN  SUBDIVISION
 ONE  OF  SECTION  1.20 OF THE CRIMINAL PROCEDURE LAW, WAS COMPLETED BY A
 POLICE OFFICER OF THE POLICE DEPARTMENT OF ANY SUCH CITY.
   5. A. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL NOTI-
 FY EACH PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED OF HIS OR HER
 OBLIGATION TO SURRENDER THE NUMBER PLATES OF ANY  MOTOR  VEHICLES  WHICH
 SUCH  PERSON HAS REGISTERED PURSUANT TO THIS ARTICLE, AND OF THE SUSPEN-
 SION OF ANY VEHICLE REGISTRATIONS IN HIS OR HER NAME.
   B. SUCH NOTICE SHALL INCLUDE THE NAME AND ADDRESS OF THE PERSON  WHOSE
 LICENSE  HAS  BEEN SUSPENDED OR REVOKED, THE VEHICLE REGISTRATION NUMBER
 OR NUMBERS WHICH ARE SUSPENDED, THE NUMBER  PLATES  OF  THE  VEHICLE  OR
 VEHICLES WHICH MUST BE SURRENDERED, THE INFRACTION, INFRACTIONS, OFFENSE
 AND/OR  OFFENSES  FOR  WHICH  THE  REGISTRATION  IS SUSPENDED AND NUMBER
 PLATES MUST BE SURRENDERED, AND THE DATES AND TIMES OF  THE  CONVICTIONS
 FOR SUCH INFRACTIONS AND/OR OFFENSES.
   C.  THE NOTICE SHALL ALSO CONTAIN A WARNING ADVISING THE PERSON OF THE
 CONSEQUENCES OF FAILURE TO SURRENDER NUMBER PLATES.
   D. THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED BY  FIRST
 CLASS  MAIL TO THE REGISTRANT OF THE MOTOR VEHICLE WITHIN THIRTY DAYS OF
 THE LICENSE SUSPENSION OR REVOCATION.
   E. SUCH PERSON SHALL SURRENDER ANY NUMBER PLATES FOR ANY  VEHICLE  FOR
 WHICH  THE  PERSON  IS  THE REGISTRANT WITHIN FOURTEEN DAYS OF RECEIVING
 NOTICE FROM THE DEPARTMENT. FAILURE  TO  SURRENDER  NUMBER  PLATES  UPON
 NOTICE  SHALL  CONSTITUTE AN INFRACTION, PUNISHABLE UPON CONVICTION BY A
 FINE NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE  HUNDRED
 DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR BOTH SUCH FINE
 AND IMPRISONMENT.
   6.  A  WAIVER  OF  THE  PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION SHALL BE AVAILABLE FOR MOTOR VEHICLES WHICH ARE JOINTLY USED  BY
 SPOUSES  OR OTHER IMMEDIATE FAMILY MEMBERS IF THE IMPLEMENTATION OF SUCH
 SUBDIVISION WOULD RESULT IN AN EXTREME HARDSHIP FOR THE SPOUSE OR FAMILY
 MEMBER WHOSE LICENSE HAS NOT BEEN SUSPENDED OR REVOKED.  TO BE  ELIGIBLE
 FOR  AN  EXTREME HARDSHIP EXCEPTION, A DULY LICENSED SPOUSE OR IMMEDIATE
 FAMILY MEMBER MUST FURNISH PROOF ACCEPTABLE TO THE COMMISSIONER  OR  HIS
 OR HER DULY AUTHORIZED AGENT THAT HE OR SHE JOINTLY USES A MOTOR VEHICLE
 WHOSE  REGISTRATION  AND  NUMBER  PLATES  WOULD  OTHERWISE BE SUBJECT TO
 SUSPENSION OR SURRENDER PURSUANT TO  SUBDIVISION  ONE  OR  TWO  OF  THIS
 SECTION. ACCEPTABLE PROOF SHALL INCLUDE WITHOUT LIMITATION THE SPOUSE OR
 IMMEDIATE  FAMILY  MEMBER BEING NAMED IN A POLICY OF LIABILITY INSURANCE
 FOR THE MOTOR VEHICLE PURSUANT TO ARTICLE SEVEN OF THIS  CHAPTER  BEFORE
 THE DATE OF CONVICTION, AND ANY ADDITIONAL FACTORS THAT THE COMMISSIONER
 OR  HIS  OR HER DULY AUTHORIZED AGENT DEEMS NECESSARY TO ESTABLISH JOINT
 USE. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT  SHALL  DETER-
 MINE  WHETHER  AN  INDIVIDUAL  QUALIFIES  AS AN IMMEDIATE FAMILY MEMBER,
 PROVIDED THAT SUCH DEFINITION OF IMMEDIATE FAMILY MEMBERS SHALL  INCLUDE
 WITHOUT  LIMITATION  DOMESTIC PARTNERS AS DEFINED IN SECTION FOUR OF THE
 WORKERS' COMPENSATION LAW AND ANY CHILDREN OF THE REGISTRANT.

 S. 3302                             3
 
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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