S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7463
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2019
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Transportation
 
 AN  ACT to amend the vehicle and traffic law, in relation to the suspen-
   sion of a license to drive a  motor  vehicle  or  motorcycle;  and  to
   repeal certain provisions of such law related thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 226 of  the  vehicle  and  traffic
 law,  as  amended  by  chapter 607 of the laws of 1993, paragraph (a) as
 amended by section 6 of part J of chapter 62 of the  laws  of  2003  and
 paragraph  (b)  as  amended  by section 2 of part K of chapter 59 of the
 laws of 2010, is amended to read as follows:
   3. Failure to answer or appear; entry of order.   [(a) If  the  person
 charged  with the violation shall fail to answer the summons as provided
 herein, the commissioner may suspend such person's  license  or  driving
 privilege  or,  if  the  charge  involves  a  violation of section three
 hundred eighty-five, section four hundred one or  section  five  hundred
 eleven-a of this chapter by a registrant who was not the operator of the
 vehicle,  the registration of such vehicle or the privilege of operation
 of any motor vehicle owned by such registrant may  be  suspended,  until
 such person shall answer as provided in subdivision two of this section.
 If a person shall fail to appear at a hearing, when such is provided for
 pursuant  to  this  section,  such  person's license, or registration or
 privilege of operating or of operation, as appropriate, may be suspended
 pending appearance at a subsequent hearing, or the  disposition  of  the
 charges  involved.  Any  suspension  permitted  by  this subdivision, if
 already in effect, may be terminated or if not yet  in  effect,  may  be
 withdrawn  or withheld, prior to the disposition of the charges involved
 if such person shall appear and post security in  the  amount  of  forty
 dollars  to guarantee his or her appearance at any required hearing. The
 security posted pursuant to this  subdivision  shall  be  returned  upon

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

                                                            LBD11167-01-9

 A. 7463                             2

 appearance  at  the  scheduled  hearing  or  an  adjourned hearing which
 results in a final disposition of the charge,  and  otherwise  shall  be
 forfeited. If a suspension has been imposed pursuant to this subdivision
 and  the case is subsequently transferred pursuant to subdivision two of
 section two hundred twenty-five of this article, such  suspension  shall
 remain  in  effect  until the person answers the charges in the court to
 which the case was transferred. Any suspension issued pursuant  to  this
 paragraph  shall  be  subject  to  the  provisions of paragraph (j-1) of
 subdivision two of section five hundred three of this chapter.
   (b)] Failure to answer or appear in accordance with  the  requirements
 of  this  section  and  any  regulations  promulgated hereunder shall be
 deemed an admission to the violation  as  charged,  and  an  appropriate
 order  may be entered in the department's records, and a fine consistent
 with the provisions of this chapter and regulations of the  commissioner
 may  be  imposed by the commissioner or person designated by the commis-
 sioner.   Prior to entry of an order  and  imposition  of  a  fine,  the
 commissioner  shall  notify  such  person by mail at the address of such
 person on file with the department or at the current address provided by
 the United States postal service in accordance with section two  hundred
 fourteen  of  this  chapter:  (i)  of the violation charged; (ii) of the
 impending entry of such order and fine; (iii) that such order  and  fine
 may  be filed as a judgment with the county clerk of the county in which
 the operator or registrant is located; and (iv) that entry of such order
 and imposition of such fine may be avoided by entering a plea or  making
 an  appearance  within  thirty days of the sending of such notice. In no
 case shall such an order and fine be entered and imposed more  than  two
 years  after the date of the alleged violation. Upon application in such
 manner and form as the commissioner shall prescribe an  order  and  fine
 shall be vacated upon the ground of excusable default.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 226-a to read as follows:
   § 226-A. RETURN DATE NOTIFICATIONS. THE COMMISSIONER SHALL NOTIFY  ANY
 PERSON  WHO  RECEIVES  A  SUMMONS  OR  APPEARANCE TICKET FOR A VIOLATION
 DESCRIBED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FIVE OF  THIS
 CHAPTER  OF  THE  TIME  AND PLACE OF THE RETURN DATE FOR SUCH SUMMONS NO
 LATER THAN ONE WEEK PRIOR TO THE RETURN DATE. THE COMMISSIONER SHALL (A)
 SEND THE NOTIFICATION BY FIRST CLASS MAIL AT THE ADDRESS OF SUCH  PERSON
 ON  FILE  WITH  THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE
 UNITED STATES POSTAL SERVICE IN  ACCORDANCE  WITH  SECTION  TWO  HUNDRED
 FOURTEEN  OF THIS CHAPTER; AND (B) IN COLLABORATION WITH STATE AND LOCAL
 LAW ENFORCEMENT AGENCIES, MAKE BEST EFFORTS  TO  PROVIDE  AN  ADDITIONAL
 NOTIFICATION  BY  TEXT  MESSAGE, ELECTRONIC MAIL OR PHONE CALL USING THE
 BEST AVAILABLE PHONE NUMBER OR ELECTRONIC MAIL ADDRESS FOR THE  INTENDED
 PERSON.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 229 to read as follows:
   § 229. REASONABLE PAYMENT PLANS. 1. THE COURT OR HEARING OFFICER SHALL
 OFFER THE OPPORTUNITY FOR A REASONABLE PAYMENT PLAN AT NO CHARGE TO  THE
 PERSON.   A REASONABLE PAYMENT PLAN SHALL COMPREHEND ALL FINES, FEES AND
 MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY PAYMENTS THAT  DO  NOT
 EXCEED TWO PERCENT OF THE PERSON'S MONTHLY NET INCOME OR TEN DOLLARS PER
 MONTH,  WHICHEVER  IS  GREATER.  MONTHLY NET INCOME MEANS TOTAL MONETARY
 PAYMENTS FROM ANY SOURCE, MINUS DEDUCTIONS REQUIRED  BY  LAW,  INCLUDING
 BUT  NOT  LIMITED  TO  ADMINISTRATIVE  OR COURT-ORDERED GARNISHMENTS AND
 SUPPORT PAYMENTS. THE COURT OR  TRAFFIC  VIOLATIONS  AGENCY  MAY  ACCEPT
 PAYMENTS  HIGHER  THAN  THE SET AMOUNT, BUT MAY NOT UNDERTAKE ADDITIONAL

 A. 7463                             3
 
 COLLECTION ACTIVITY SO LONG AS THE PERSON MEETS HIS OR  HER  OBLIGATIONS
 UNDER  THE PAYMENT PLAN. THE COURT OR HEARING OFFICER MAY REQUIRE PEOPLE
 WITH PAYMENT PLANS TO APPEAR PERIODICALLY, BUT NO MORE OFTEN THAN  ANNU-
 ALLY,  TO ASSESS THEIR FINANCIAL CIRCUMSTANCES AND MAY SET A NEW PAYMENT
 AMOUNT IF THE PERSON'S FINANCIAL CIRCUMSTANCES HAVE  CHANGED.  A  PERSON
 WHO ENTERS INTO A PAYMENT PLAN AND EXPERIENCES A REDUCTION IN INCOME MAY
 PETITION THE COURT OR HEARING OFFICER AT ANY TIME TO SEEK A REDUCTION IN
 THE MONTHLY PAYMENT.
   2.  THE  COURT  OR  HEARING  OFFICER  SHALL HAVE THE DISCRETION IN THE
 INTERESTS OF JUSTICE TO REDUCE OR WAIVE THE AMOUNT OF ANY FINE,  FEE  OR
 MANDATORY SURCHARGE ASSESSED FOR A VIOLATION OF ANY OF THE PROVISIONS OF
 THIS CHAPTER.
   3.  A  PERSON  ASSESSED  A  FINE, FEE AND/OR MANDATORY SURCHARGE FOR A
 VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE NOTIFIED  OF
 THEIR RIGHT TO A REASONABLE PAYMENT PLAN (A) AT THE TIME THE CITATION OR
 TICKET IS ISSUED; (B) AT THE TIME OF SENTENCING; AND (C) IN ANY COMMUNI-
 CATION CONCERNING IMPOSITION OR COLLECTION OF THE FINE, FEE OR MANDATORY
 SURCHARGE.  INFORMATION ABOUT THE AVAILABILITY OF PAYMENT PLANS SHALL BE
 PROMINENTLY POSTED AT EACH COURT AND TRAFFIC VIOLATIONS AGENCY,  ON  ITS
 WEBSITE, IF ANY, AND ON THE COMMISSIONER'S WEBSITE.
   §  4.  Paragraph  a of subdivision 4 of section 227 of the vehicle and
 traffic law, as amended by section 7 of part J of chapter 62 of the laws
 of 2003, is amended to read as follows:
   a. An order entered upon the failure to answer or appear or after  the
 receipt  of  an  answer admitting the charge or where a determination is
 made that the charge has been established shall be civil in nature,  but
 shall  be  treated as a conviction for the purposes of this chapter. The
 commissioner or his designee may include in such order an imposition  of
 any penalty authorized by any provision of this chapter for a conviction
 of such violation, except that no penalty therefore shall include impri-
 sonment,  nor,  if  monetary,  exceed the amount of the fine which could
 have been imposed had the charge been heard by a  court.  [The  driver's
 license or privileges, or, if the charge involves a violation of section
 three hundred eighty-five or section four hundred one of this chapter by
 a  registrant  who was not the operator of the vehicle, the registration
 of such vehicle or privilege of operation of any motor vehicle owned  by
 such  registrant  may be suspended pending the payment of any penalty so
 imposed. Any suspension issued  pursuant  to  this  paragraph  shall  be
 subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
 section five hundred three of this chapter.]
   § 5. Paragraph (j-1) of subdivision 2 of section 503  of  the  vehicle
 and  traffic  law,  as added by section 8 of part J of chapter 62 of the
 laws of 2003, subparagraph (i) as amended by section 3  of  part  PP  of
 chapter 59 of the laws of 2009 and subparagraph (iv) as added by section
 4  of  part  PP of chapter 59 of the laws of 2009, is amended to read as
 follows:
   (j-1) (i) [When a license issued pursuant to this article, or a privi-
 lege of operating a motor vehicle or of obtaining such  a  license,  has
 been  suspended based upon a failure to answer an appearance ticket or a
 summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
 ant to subdivision three of section two hundred twenty-six,  subdivision
 four  of section two hundred twenty-seven, subdivision four-a of section
 five hundred ten or subdivision five-a of section eighteen hundred  nine
 of  this  chapter, such suspension shall remain in effect until a termi-
 nation of a suspension fee of seventy dollars is paid to  the  court  or
 tribunal  that initiated the suspension of such license or privilege. In

 A. 7463                             4

 no event may the aggregate of the fees imposed by  an  individual  court
 pursuant  to  this paragraph for the termination of all suspensions that
 may be terminated as a result of  a  person's  answers,  appearances  or
 payments  made in such cases pending before such individual court exceed
 four hundred dollars. For the purposes of this  paragraph,  the  various
 locations of the administrative tribunal established under article two-A
 of this chapter shall be considered an individual court.
   (ii)]  Any such fee collected by any court, judge, magistrate or other
 officer specified in subdivision one of section thirty-nine of the judi-
 ciary law, establishing a unified court budget, shall  be  paid  to  the
 state  commissioner  of taxation and finance on a monthly basis no later
 than ten days after  the  last  day  of  each  month.  All  such  monies
 collected  under  this  subdivision  shall  be deposited to the indigent
 legal services fund established by section ninety-eight-b of  the  state
 finance law.
   [(iii)]  (II) Any such fee collected by any other court, judge, magis-
 trate or other officer shall, except as provided  in  paragraph  (k)  of
 this  subdivision, be paid to the state comptroller within the first ten
 days of the month following collection. Every such payment to the  comp-
 troller  shall  be accompanied by a statement in such form and detail as
 the comptroller shall provide. All  such  monies  collected  under  this
 subdivision  shall  be  deposited  to  the  indigent legal services fund
 established by section ninety-eight-b of the state finance law.
   [(iv)] (III) Notwithstanding any other provision  of  this  paragraph,
 fifty  percent of all fees collected pursuant to this paragraph shall be
 deposited to the credit of the general fund.
   § 6. Subdivision 4-a of section 510 of the vehicle and traffic law  is
 REPEALED.
   §  7. Paragraph (a) of subdivision 2 of section 511 of the vehicle and
 traffic law, as amended by chapter 607 of the laws of 1993 and  subpara-
 graph  (ii) as amended by chapter 196 of the laws of 1996, is amended to
 read as follows:
   (a) A person is guilty of the offense of aggravated unlicensed  opera-
 tion  of  a  motor vehicle in the second degree when such person commits
 the offense of aggravated unlicensed operation of a motor vehicle in the
 third degree as defined in subdivision one of this section; and
   (i) has previously been convicted of an offense that  consists  of  or
 includes  the elements comprising the offense committed within the imme-
 diately preceding eighteen months; or
   (ii) the suspension or revocation is based upon a refusal to submit to
 a chemical test pursuant to section eleven hundred ninety-four  of  this
 chapter, a finding of driving after having consumed alcohol in violation
 of  section  eleven  hundred  ninety-two-a  of  this  chapter  or upon a
 conviction for a violation of any of the provisions  of  section  eleven
 hundred ninety-two of this chapter; or
   (iii) the suspension was a mandatory suspension pending prosecution of
 a  charge  of  a  violation of section eleven hundred ninety-two of this
 chapter ordered pursuant to paragraph (e) of subdivision two of  section
 eleven  hundred  ninety-three of this chapter or other similar statute[;
 or
   (iv) such person has in effect three or more suspensions,  imposed  on
 at  least  three  separate dates, for failure to answer, appear or pay a
 fine, pursuant to subdivision three of section two hundred twenty-six or
 subdivision four-a of section five hundred ten of this chapter].
   § 8. Paragraph (a) of subdivision 3 of section 511 of the vehicle  and
 traffic  law, as amended by chapter 732 of the laws of 2006 and subpara-

 A. 7463                             5
 
 graph (iii) as amended and subparagraph (iv) as added by chapter 169  of
 the laws of 2013, is amended to read as follows:
   (a)  A person is guilty of the offense of aggravated unlicensed opera-
 tion of a motor vehicle in  the  first  degree  when  such  person:  (i)
 commits  the offense of aggravated unlicensed operation of a motor vehi-
 cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
 of paragraph (a) of subdivision two of this section and is  operating  a
 motor  vehicle  while  under  the  influence  of  alcohol  or  a drug in
 violation of subdivision one, two, two-a, three, four, four-a or five of
 section eleven hundred ninety-two of this chapter; or
   (ii) [commits the offense of  aggravated  unlicensed  operation  of  a
 motor  vehicle in the third degree as defined in subdivision one of this
 section; and is operating a motor  vehicle  while  such  person  has  in
 effect  ten  or more suspensions, imposed on at least ten separate dates
 for failure to answer, appear or pay a  fine,  pursuant  to  subdivision
 three  of  section two hundred twenty-six of this chapter or subdivision
 four-a of section five hundred ten of this article; or
   (iii)] commits the offense of aggravated  unlicensed  operation  of  a
 motor  vehicle in the third degree as defined in subdivision one of this
 section; and is operating a motor vehicle while under permanent  revoca-
 tion as set forth in subparagraph twelve of paragraph (b) of subdivision
 two of section eleven hundred ninety-three of this chapter; or
   [(iv)]  (III)  operates  a  motor  vehicle upon a public highway while
 holding a conditional license issued pursuant to paragraph (a) of subdi-
 vision seven of section eleven hundred ninety-six of this chapter  while
 under  the  influence  of  alcohol or a drug in violation of subdivision
 one, two, two-a, three, four, four-a or five of section  eleven  hundred
 ninety-two of this chapter.
   §  9.  Subdivision 3 of section 514 of the vehicle and traffic law, as
 amended by section 11 of part J of chapter 62 of the laws  of  2003  and
 paragraph  (b) as amended by chapter 157 of the laws of 2017, is amended
 to read as follows:
   3. (a) Upon the failure of a person to appear or answer, within  sixty
 days of the return date or any subsequent adjourned date, or the failure
 to  pay a fine imposed by a court, pursuant to a summons charging him or
 her with a violation of any of the provisions of  this  chapter  (except
 one for parking, stopping or standing), section five hundred two or five
 hundred twelve of the tax law, section fourteen-f, two hundred eleven or
 two  hundred  twelve of the transportation law or of any law, ordinance,
 rule or regulation made  by  a  local  authority,  relating  to  traffic
 (except for parking, stopping or standing), the trial court or the clerk
 thereof  shall within ten days certify that fact to the commissioner, in
 the manner and form prescribed by the commissioner, who shall record the
 same in his or her office. Thereafter and upon  the  appearance  of  any
 such  person  in  response to such summons or the receipt of the fine by
 the court, the trial court or the clerk thereof shall forthwith  certify
 that  fact to the commissioner, in the manner and form prescribed by the
 commissioner[; provided, however, no such certification  shall  be  made
 unless  the  court  has  collected  the  termination  of  suspension fee
 required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
 section five hundred three of this chapter].
   (b)  Upon  the  failure  of a person to appear or answer, within sixty
 days of the return date or any subsequent adjourned date, or the failure
 to pay a fine imposed by a traffic and parking violations  agency  or  a
 traffic violations agency pursuant to a summons charging him or her with
 a violation of:

 A. 7463                             6
 
   (1)  any  of  the  provisions  of this chapter except one for parking,
 stopping or standing and except those violations described in paragraphs
 (a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
 (b),  (d),  (e), (f) and (g) of subdivision two-a and in paragraphs (a),
 (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
 seventy-one of the general municipal law;
   (2)  section  five  hundred two or subdivision (a) of section eighteen
 hundred fifteen of the tax law;
   (3) section fourteen-f (except paragraph (b) of  subdivision  four  of
 section  fourteen-f),  two  hundred  eleven or two hundred twelve of the
 transportation law; or
   (4) any lawful ordinance or regulation  made  by  a  local  or  public
 authority  relating  to  traffic  (except  one  for parking, stopping or
 standing);
 the clerk thereof shall within ten days certify that fact to the commis-
 sioner, in the manner and form prescribed by the commissioner, who shall
 record the same in his or her office. Thereafter and upon the appearance
 of any such person in response to such summons or  the  receipt  of  the
 fine by the agency, the traffic and parking violations agency, the traf-
 fic  violations agency or the clerk thereof shall forthwith certify that
 fact to the commissioner, in the  manner  and  form  prescribed  by  the
 commissioner[;  provided,  however,  no such certification shall be made
 unless  the  traffic  and  parking  violations  agency  or  the  traffic
 violations  agency  has  collected  the  termination  of  suspension fee
 required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
 section five hundred three of this chapter].
   §  10.  The vehicle and traffic law is amended by adding a new section
 519 to read as follows:
   § 519. TERMINATION OF SUSPENSIONS FOR FAILURE TO ANSWER OR FAILURE  TO
 PAY.  WITHIN  THREE  MONTHS  OF  THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSIONER SHALL TERMINATE ALL SUSPENSIONS OF LICENSES, PRIVILEGES  TO
 OPERATE A MOTOR VEHICLE AND REGISTRATIONS BASED UPON A FAILURE TO ANSWER
 AN  APPEARANCE  TICKET  OR  SUMMONS OR FAILURE TO PAY A FINE, PENALTY OR
 MANDATORY SURCHARGE PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED
 TWENTY-SIX, SUBDIVISION FOUR OF SECTION  TWO  HUNDRED  TWENTY-SEVEN,  OR
 SUBDIVISION  FOUR-A OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER, THEN IN
 EFFECT. THE COMMISSIONER SHALL WAIVE ALL FEES AND  PENALTIES  ASSOCIATED
 WITH THE TERMINATION OF A SUSPENSION, INCLUDING BUT NOT LIMITED TO THOSE
 DESCRIBED  IN  SUBPARAGRAPH (I) OF PARAGRAPH (J-1) OF SUBDIVISION TWO OF
 SECTION FIVE HUNDRED THREE, SUBDIVISION THREE OF  SECTION  FIVE  HUNDRED
 FOURTEEN  AND  PARAGRAPH  A  OF  SUBDIVISION FOUR OF SECTION TWO HUNDRED
 TWENTY-SEVEN OF THIS CHAPTER, AS IN EXISTENCE  PRIOR  TO  THE  EFFECTIVE
 DATE OF THIS SECTION.
   §  11.  Subdivision 5-a of section 1809 of the vehicle and traffic law
 is REPEALED.
   § 12. This act shall take effect on the ninetieth day after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7463--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2019
                                ___________
 
 Introduced  by  M.  of  A. HUNTER, SAYEGH, RAYNOR, D'URSO, CRUZ, TAYLOR,
   WALCZYK, GOTTFRIED, SIMON, EPSTEIN, NIOU, JEAN-PIERRE, BLAKE,  BARRON,
   JAFFEE,  CROUCH, SEAWRIGHT, GLICK, FRONTUS, WEPRIN, BRONSON, MAGNAREL-
   LI,  ZEBROWSKI,  STECK  --  Multi-Sponsored  by  --  M.  of  A.  COOK,
   DE LA ROSA  --  read once and referred to the Committee on Transporta-
   tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the vehicle and traffic law, in relation to the suspen-
   sion of a license to drive a motor vehicle or motorcycle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of section 226 of the vehicle and traffic
 law, as amended by chapter 607 of the laws of  1993,  paragraph  (a)  as
 amended  by  section  6  of part J of chapter 62 of the laws of 2003 and
 paragraph (b) as amended by section 2 of part K of  chapter  59  of  the
 laws of 2010, is amended to read as follows:
   3.  Failure  to  answer  or appear; entry of order.  (a) If the person
 charged with the violation shall fail to answer the summons as  provided
 herein  INVOLVING  A  VIOLATION  OF SECTION THREE HUNDRED EIGHTY-FIVE OF
 THIS CHAPTER, the commissioner may  suspend  such  person's  license  or
 driving  privilege  or,  if  the  charge involves a violation of section
 three hundred eighty-five[, section four hundred  one  or  section  five
 hundred eleven-a] of this chapter by a registrant who was not the opera-
 tor of the vehicle, the registration of such vehicle or the privilege of
 operation  of  any  motor  vehicle  owned  by  such  registrant  may  be
 suspended, until such person shall answer as provided in subdivision two
 of this section. If a person shall fail to appear at a hearing INVOLVING
 A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS  CHAPTER,  when
 such is provided for pursuant to this section, such person's license, or
 registration  or privilege of operating or of operation, as appropriate,
 may be suspended pending appearance at  a  subsequent  hearing,  or  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11167-07-9

 A. 7463--A                          2
 
 disposition  of  the  charges involved. Any suspension permitted by this
 subdivision, if already in effect, may be terminated or if  not  yet  in
 effect,  may  be  withdrawn or withheld, prior to the disposition of the
 charges  involved  if  such person shall appear and post security in the
 amount of forty dollars to  guarantee  his  or  her  appearance  at  any
 required hearing. The security posted pursuant to this subdivision shall
 be  returned  upon  appearance  at the scheduled hearing or an adjourned
 hearing which results in a final disposition of the charge,  and  other-
 wise  shall  be  forfeited. If a suspension has been imposed pursuant to
 this subdivision and the case is subsequently  transferred  pursuant  to
 subdivision two of section two hundred twenty-five of this article, such
 suspension  shall  remain in effect until the person answers the charges
 in the court to which the case was transferred.  Any  suspension  issued
 pursuant  to  this paragraph shall be subject to the provisions of para-
 graph (j-1) of subdivision two of section five  hundred  three  of  this
 chapter.
   (b) Failure to answer or appear in accordance with the requirements of
 this  section  and any regulations promulgated hereunder shall be deemed
 an admission to the violation as charged, and an appropriate  order  may
 be  entered  in the department's records, and a fine consistent with the
 provisions of this chapter and regulations of the  commissioner  may  be
 imposed  by  the  commissioner or person designated by the commissioner.
 Prior to entry of an order and imposition of a  fine,  the  commissioner
 shall  notify  such person by mail at the address of such person on file
 with the department or at the current address  provided  by  the  United
 States postal service in accordance with section two hundred fourteen of
 this [chapter] TITLE:  (i) of the violation charged; (ii) of the impend-
 ing  entry of such order and fine; (iii) that such order and fine may be
 filed as a judgment with the county clerk of the  county  in  which  the
 operator or registrant is located; and (iv) that entry of such order and
 imposition  of  such fine may be avoided by entering a plea or making an
 appearance within thirty days of the sending of such notice. In no  case
 shall  such an order and fine be entered and imposed more than two years
 after the date of the alleged violation. Upon application in such manner
 and form as the commissioner shall prescribe an order and fine shall  be
 vacated upon the ground of excusable default.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 226-a to read as follows:
   § 226-A. RETURN DATE  NOTIFICATIONS.  SUBJECT  TO  APPROPRIATION,  THE
 COMMISSIONER  SHALL  NOTIFY ANY PERSON WHO RECEIVES A SUMMONS OR APPEAR-
 ANCE TICKET FOR A VIOLATION DESCRIBED IN SUBDIVISION ONE OF SECTION  TWO
 HUNDRED  TWENTY-FIVE OF THIS ARTICLE OF THE TIME AND PLACE OF THE RETURN
 DATE FOR SUCH SUMMONS NO LATER THAN ONE WEEK PRIOR TO THE  RETURN  DATE.
 THE  COMMISSIONER SHALL (A) SEND THE NOTIFICATION BY FIRST CLASS MAIL AT
 THE ADDRESS OF SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT
 ADDRESS PROVIDED BY THE UNITED STATES POSTAL SERVICE IN ACCORDANCE  WITH
 SECTION  TWO  HUNDRED  FOURTEEN  OF THIS TITLE; AND (B) IN COLLABORATION
 WITH STATE AND LOCAL LAW ENFORCEMENT  AGENCIES,  MAKE  BEST  EFFORTS  TO
 PROVIDE  AN  ADDITIONAL NOTIFICATION BY TEXT MESSAGE, ELECTRONIC MAIL OR
 PHONE CALL USING THE BEST AVAILABLE  PHONE  NUMBER  OR  ELECTRONIC  MAIL
 ADDRESS FOR THE INTENDED PERSON.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 229 to read as follows:
   § 229. REASONABLE PAYMENT PLANS. 1. THE COURT OR HEARING OFFICER SHALL
 OFFER THE OPPORTUNITY FOR A REASONABLE PAYMENT PLAN AT NO CHARGE TO  THE
 PERSON.   A REASONABLE PAYMENT PLAN SHALL COMPREHEND ALL FINES, FEES AND

 A. 7463--A                          3
 
 MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY PAYMENTS THAT  DO  NOT
 EXCEED TWO PERCENT OF THE PERSON'S MONTHLY NET INCOME OR TEN DOLLARS PER
 MONTH,  WHICHEVER  IS  GREATER.  MONTHLY NET INCOME MEANS TOTAL MONETARY
 PAYMENTS  FROM  ANY  SOURCE, MINUS DEDUCTIONS REQUIRED BY LAW, INCLUDING
 BUT NOT LIMITED TO  ADMINISTRATIVE  OR  COURT-ORDERED  GARNISHMENTS  AND
 SUPPORT  PAYMENTS.  THE  COURT  OR  TRAFFIC VIOLATIONS AGENCY MAY ACCEPT
 PAYMENTS HIGHER THAN THE SET AMOUNT, BUT MAY  NOT  UNDERTAKE  ADDITIONAL
 COLLECTION  ACTIVITY  SO LONG AS THE PERSON MEETS HIS OR HER OBLIGATIONS
 UNDER THE PAYMENT PLAN. THE COURT OR HEARING OFFICER MAY REQUIRE  PEOPLE
 WITH  PAYMENT PLANS TO APPEAR PERIODICALLY, BUT NO MORE OFTEN THAN ANNU-
 ALLY, TO ASSESS THEIR FINANCIAL CIRCUMSTANCES AND MAY SET A NEW  PAYMENT
 AMOUNT  IF  THE  PERSON'S FINANCIAL CIRCUMSTANCES HAVE CHANGED. A PERSON
 WHO ENTERS INTO A PAYMENT PLAN AND EXPERIENCES A REDUCTION IN INCOME MAY
 PETITION THE COURT OR HEARING OFFICER AT ANY TIME TO SEEK A REDUCTION IN
 THE MONTHLY PAYMENT.
   2. THE COURT OR HEARING OFFICER  SHALL  HAVE  THE  DISCRETION  IN  THE
 INTERESTS  OF  JUSTICE TO REDUCE OR WAIVE THE AMOUNT OF ANY FINE, FEE OR
 MANDATORY SURCHARGE ASSESSED FOR A VIOLATION OF ANY OF THE PROVISIONS OF
 THIS CHAPTER.
   3. A PERSON ASSESSED A FINE, FEE  AND/OR  MANDATORY  SURCHARGE  FOR  A
 VIOLATION  OF ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE NOTIFIED OF
 THEIR RIGHT TO A REASONABLE PAYMENT PLAN (A) AT THE TIME THE CITATION OR
 TICKET IS ISSUED; (B) AT THE TIME OF SENTENCING; AND (C) IN ANY COMMUNI-
 CATION CONCERNING IMPOSITION OR COLLECTION OF THE FINE, FEE OR MANDATORY
 SURCHARGE. INFORMATION ABOUT THE AVAILABILITY OF PAYMENT PLANS SHALL  BE
 PROMINENTLY  POSTED  AT EACH COURT AND TRAFFIC VIOLATIONS AGENCY, ON ITS
 WEBSITE, IF ANY, AND ON THE COMMISSIONER'S WEBSITE.
   § 4. Paragraph a of subdivision 4 of section 227 of  the  vehicle  and
 traffic law, as amended by section 7 of part J of chapter 62 of the laws
 of 2003, is amended to read as follows:
   a.  An order entered upon the failure to answer or appear or after the
 receipt of an answer admitting the charge or where  a  determination  is
 made  that the charge has been established shall be civil in nature, but
 shall be treated as a conviction for the purposes of this  chapter.  The
 commissioner  or his designee may include in such order an imposition of
 any penalty authorized by any provision of this chapter for a conviction
 of such violation, except that no penalty therefore shall include impri-
 sonment, nor, if monetary, exceed the amount of  the  fine  which  could
 have  been  imposed  had  the charge been heard by a court. [The] IF THE
 CHARGE INVOLVES A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS
 CHAPTER, THE driver's license or privileges MAY BE SUSPENDED PENDING THE
 PAYMENT OF ANY  PENALTY  SO  IMPOSED,  or,  if  the  charge  involves  a
 violation  of section three hundred eighty-five [or section four hundred
 one] of this chapter by a registrant who was not  the  operator  of  the
 vehicle,  the  registration of such vehicle or privilege of operation of
 any motor vehicle owned by such registrant may be suspended pending  the
 payment  of  any  penalty  so imposed. Any suspension issued pursuant to
 this paragraph shall be subject to the provisions of paragraph (j-1)  of
 subdivision two of section five hundred three of this chapter.
   § 5. Subdivision 4-a of section 510 of the vehicle and traffic law, as
 added  by  section  10  of  part J of chapter 62 of the laws of 2003 and
 paragraph (c) as amended by chapter 157 of the laws of 2017, is  amended
 to read as follows:
   4-a. Suspension for failure to answer an appearance ticket or to pay a
 fine.  (a)  Upon  receipt  of  a  court notification of the failure of a
 person to appear within sixty days of the return date or new  subsequent

 A. 7463--A                          4
 
 adjourned  date,  pursuant  to an appearance ticket charging said person
 with a violation of any [of the provisions of this chapter  (except  one
 for parking, stopping, or standing), of any] violation of the tax law or
 of the transportation law regulating traffic [or of any lawful ordinance
 or  regulation  made by a local or public authority, relating to traffic
 (except one for parking, stopping, or standing) or the failure to pay  a
 fine  imposed  by  a  court]  the  commissioner  or his or her agent may
 suspend the driver's  license  or  privileges  of  such  person  pending
 receipt  of  notice  from  the  court  that  such person has appeared in
 response to such appearance ticket or has paid such fine.  Such  suspen-
 sion  shall take effect no less than thirty days from the day upon which
 notice thereof is sent by the commissioner to the person whose  driver's
 license  or privileges are to be suspended. Any suspension issued pursu-
 ant to this paragraph shall be subject to the  provisions  of  paragraph
 (j-l) of subdivision two of section five hundred three of this chapter.
   (b)  The  provisions  of  paragraph  (a) of this subdivision shall not
 apply to a registrant who was not  operating  a  vehicle,  but  who  was
 issued  a  summons  or  an  appearance ticket for a violation of section
 three hundred eighty-five, section four  hundred  one  or  section  five
 hundred  eleven-a of this chapter. Upon the receipt of a court notifica-
 tion of the failure of such person to appear within sixty  days  of  the
 return  date  or a new subsequent adjourned date, pursuant to an appear-
 ance ticket charging said person with such violation, or the failure  of
 such person to pay a fine imposed by a court, the commissioner or his or
 her  agent  may  suspend  the  registration  of  the vehicle or vehicles
 involved in such violation or privilege of operation of any motor  vehi-
 cle  owned  by  the  registrant pending receipt of notice from the court
 that such person has appeared in response to such appearance  ticket  or
 has  paid  such  fine.    Such suspension shall take effect no less than
 thirty days from the day upon  which  notice  thereof  is  sent  by  the
 commissioner  to  the  person  whose  registration or privilege is to be
 suspended. Any suspension issued pursuant to  this  paragraph  shall  be
 subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
 section five hundred three of this chapter.
   (c) Upon receipt of notification from a traffic and parking violations
 agency or a traffic violations agency of the  failure  of  a  person  to
 appear  within sixty days of the return date or new subsequent adjourned
 date, pursuant to an appearance  ticket  charging  said  person  with  a
 violation of:
   (i)  [any  of  the  provisions of this chapter except one for parking,
 stopping or standing and except those violations described in paragraphs
 (a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
 (b),  (d),  (e), (f) and (g) of subdivision two-a and in paragraphs (a),
 (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
 seventy-one of the general municipal law;
   (ii)] section five hundred two or subdivision (a) of section  eighteen
 hundred fifteen of the tax law; OR
   [(iii)]  (II)  section fourteen-f (except paragraph (b) of subdivision
 four of section fourteen-f), two hundred eleven or two hundred twelve of
 the transportation law[; or
   (iv) any lawful ordinance or regulation made  by  a  local  or  public
 authority  relating  to  traffic  (except  one  for parking, stopping or
 standing) or the failure to pay a fine imposed for such a violation by a
 traffic and parking violations agency or a traffic  violations  agency],
 the commissioner or his or her agent may suspend the driver's license or
 privileges of such person pending receipt of notice from the agency that

 A. 7463--A                          5
 
 such  person  has  appeared in response to such appearance ticket or has
 paid such fine. Such suspension shall take effect no  less  than  thirty
 days  from the day upon which notice thereof is sent by the commissioner
 to  the person whose driver's license or privileges are to be suspended.
 Any suspension issued pursuant to this paragraph shall be subject to the
 provisions of paragraph (j-1) of subdivision two of section five hundred
 three of this chapter.
   § 6. Paragraph (a) of subdivision 2 of section 511 of the vehicle  and
 traffic  law, as amended by chapter 607 of the laws of 1993 and subpara-
 graph (ii) as amended by chapter 196 of the laws of 1996, is amended  to
 read as follows:
   (a)  A person is guilty of the offense of aggravated unlicensed opera-
 tion of a motor vehicle in the second degree when  such  person  commits
 the offense of aggravated unlicensed operation of a motor vehicle in the
 third degree as defined in subdivision one of this section; and
   (i)  has  previously  been convicted of an offense that consists of or
 includes the elements comprising the offense committed within the  imme-
 diately preceding eighteen months; or
   (ii) the suspension or revocation is based upon a refusal to submit to
 a  chemical  test pursuant to section eleven hundred ninety-four of this
 chapter, a finding of driving after having consumed alcohol in violation
 of section eleven  hundred  ninety-two-a  of  this  chapter  or  upon  a
 conviction  for  a  violation of any of the provisions of section eleven
 hundred ninety-two of this chapter; or
   (iii) the suspension was a mandatory suspension pending prosecution of
 a charge of a violation of section eleven  hundred  ninety-two  of  this
 chapter  ordered pursuant to paragraph (e) of subdivision two of section
 eleven hundred ninety-three of this chapter or other  similar  statute[;
 or
   (iv)  such  person has in effect three or more suspensions, imposed on
 at least three separate dates, for failure to answer, appear  or  pay  a
 fine, pursuant to subdivision three of section two hundred twenty-six or
 subdivision four-a of section five hundred ten of this chapter].
   §  7. Paragraph (a) of subdivision 3 of section 511 of the vehicle and
 traffic law, as amended by chapter 732 of the laws of 2006 and  subpara-
 graph  (iii) as amended and subparagraph (iv) as added by chapter 169 of
 the laws of 2013, is amended to read as follows:
   (a) A person is guilty of the offense of aggravated unlicensed  opera-
 tion  of  a  motor  vehicle  in  the  first degree when such person: (i)
 commits the offense of aggravated unlicensed operation of a motor  vehi-
 cle in the second degree as provided in subparagraph (ii), (iii) or (iv)
 of  paragraph  (a) of subdivision two of this section and is operating a
 motor vehicle while  under  the  influence  of  alcohol  or  a  drug  in
 violation of subdivision one, two, two-a, three, four, four-a or five of
 section eleven hundred ninety-two of this chapter; or
   (ii)  [commits  the  offense  of  aggravated unlicensed operation of a
 motor vehicle in the third degree as defined in subdivision one of  this
 section;  and  is  operating  a  motor  vehicle while such person has in
 effect ten or more suspensions, imposed on at least ten  separate  dates
 for  failure  to  answer,  appear or pay a fine, pursuant to subdivision
 three of section two hundred twenty-six of this chapter  or  subdivision
 four-a of section five hundred ten of this article; or
   (iii)]  commits  the  offense  of aggravated unlicensed operation of a
 motor vehicle in the third degree as defined in subdivision one of  this
 section;  and is operating a motor vehicle while under permanent revoca-

 A. 7463--A                          6
 
 tion as set forth in subparagraph twelve of paragraph (b) of subdivision
 two of section eleven hundred ninety-three of this chapter; or
   [(iv)]  (III)  operates  a  motor  vehicle upon a public highway while
 holding a conditional license issued pursuant to paragraph (a) of subdi-
 vision seven of section eleven hundred ninety-six of this chapter  while
 under  the  influence  of  alcohol or a drug in violation of subdivision
 one, two, two-a, three, four, four-a or five of section  eleven  hundred
 ninety-two of this chapter.
   §  8.  Subdivision 3 of section 514 of the vehicle and traffic law, as
 amended by section 11 of part J of chapter 62 of the laws  of  2003  and
 paragraph  (b) as amended by chapter 157 of the laws of 2017, is amended
 to read as follows:
   3. (a) Upon the failure of a person to appear or answer, within  sixty
 days of the return date or any subsequent adjourned date, or the failure
 to  pay a fine imposed by a court, pursuant to a summons charging him or
 her with a violation of any of the provisions of  this  chapter  (except
 one for parking, stopping or standing), section five hundred two or five
 hundred twelve of the tax law, section fourteen-f, two hundred eleven or
 two  hundred  twelve of the transportation law or of any law, ordinance,
 rule or regulation made  by  a  local  authority,  relating  to  traffic
 (except for parking, stopping or standing), the trial court or the clerk
 thereof  shall within ten days certify that fact to the commissioner, in
 the manner and form prescribed by the commissioner, who shall record the
 same in his or her office. Thereafter and upon  the  appearance  of  any
 such  person  in  response to such summons or the receipt of the fine by
 the court, the trial court or the clerk thereof shall forthwith  certify
 that  fact to the commissioner, in the manner and form prescribed by the
 commissioner[; provided, however, no such certification  shall  be  made
 unless  the  court  has  collected  the  termination  of  suspension fee
 required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
 section five hundred three of this chapter].
   (b)  Upon  the  failure  of a person to appear or answer, within sixty
 days of the return date or any subsequent adjourned date, or the failure
 to pay a fine imposed by a traffic and parking violations  agency  or  a
 traffic violations agency pursuant to a summons charging him or her with
 a violation of:
   (1)  any  of  the  provisions  of this chapter except one for parking,
 stopping or standing and except those violations described in paragraphs
 (a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
 (b),  (d),  (e), (f) and (g) of subdivision two-a and in paragraphs (a),
 (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
 seventy-one of the general municipal law;
   (2) section five hundred two or subdivision (a)  of  section  eighteen
 hundred fifteen of the tax law;
   (3)  section  fourteen-f  (except paragraph (b) of subdivision four of
 section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
 transportation law; or
   (4)  any  lawful  ordinance  or  regulation  made by a local or public
 authority relating to traffic  (except  one  for  parking,  stopping  or
 standing);
 the clerk thereof shall within ten days certify that fact to the commis-
 sioner, in the manner and form prescribed by the commissioner, who shall
 record the same in his or her office. Thereafter and upon the appearance
 of  any  such  person  in response to such summons or the receipt of the
 fine by the agency, the traffic and parking violations agency, the traf-
 fic violations agency or the clerk thereof shall forthwith certify  that

 A. 7463--A                          7
 
 fact  to  the  commissioner,  in  the  manner and form prescribed by the
 commissioner[; provided, however, no such certification  shall  be  made
 unless  the  traffic  and  parking  violations  agency  or  the  traffic
 violations  agency  has  collected  the  termination  of  suspension fee
 required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
 section five hundred three of this chapter].
   §  9.  The  vehicle and traffic law is amended by adding a new section
 519 to read as follows:
   § 519. TERMINATION OF SUSPENSIONS FOR FAILURE TO ANSWER OR FAILURE  TO
 PAY.  WITHIN  THREE  MONTHS  OF  THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSIONER SHALL TERMINATE ALL SUSPENSIONS OF LICENSES, PRIVILEGES  TO
 OPERATE A MOTOR VEHICLE AND REGISTRATIONS BASED UPON A FAILURE TO ANSWER
 AN  APPEARANCE  TICKET  OR  SUMMONS OR FAILURE TO PAY A FINE, PENALTY OR
 MANDATORY SURCHARGE PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED
 TWENTY-SIX, SUBDIVISION FOUR OF SECTION  TWO  HUNDRED  TWENTY-SEVEN,  OR
 SUBDIVISION  FOUR-A OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER, THEN IN
 EFFECT, EXCLUSIVE OF FINES, PENALTIES OR SURCHARGES  FOR  VIOLATIONS  OF
 PROVISIONS  OF  THIS  CHAPTER  THAT REMAIN IN EFFECT AFTER THE EFFECTIVE
 DATE OF THIS SECTION. THE COMMISSIONER SHALL WAIVE ALL FEES  AND  PENAL-
 TIES  ASSOCIATED WITH THE TERMINATION OF A SUSPENSION, INCLUDING BUT NOT
 LIMITED TO THOSE DESCRIBED IN SUBPARAGRAPH (I)  OF  PARAGRAPH  (J-1)  OF
 SUBDIVISION  TWO  OF  SECTION  FIVE  HUNDRED THREE, SUBDIVISION THREE OF
 SECTION FIVE HUNDRED FOURTEEN AND PARAGRAPH A  OF  SUBDIVISION  FOUR  OF
 SECTION  TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER, AS IN EXISTENCE PRIOR
 TO THE EFFECTIVE DATE OF THIS SECTION.
   § 10. This act shall take effect on the ninetieth day after  it  shall
 have  become  a law provided, however, sections two and nine of this act
 shall take effect the first of April next succeeding the date upon which
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.