Assembly Bill A7463

                            
 
                     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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7463--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2019
                                ___________
 
 Introduced  by  M.  of A. HUNTER, SAYEGH, DARLING, D'URSO, CRUZ, TAYLOR,
   GOTTFRIED, SIMON, EPSTEIN, NIOU, JEAN-PIERRE, BLAKE,  BARRON,  JAFFEE,
   SEAWRIGHT,  GLICK,  FRONTUS,  WEPRIN,  BRONSON, MAGNARELLI, ZEBROWSKI,
   STECK, FAHY, PERRY, MOSLEY, O'DONNELL,  EICHENSTEIN,  DICKENS,  RODRI-
   GUEZ, WILLIAMS, ARROYO, COLTON, WALCZYK, HYNDMAN -- Multi-Sponsored by
   --  M. of A. COOK, DE LA ROSA, LENTOL -- read once and referred to the
   Committee on Transportation --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   reference changed to the Committee on  Codes  --  recommitted  to  the
   Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11167-08-0

 A. 7463--B                          2
 
 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
 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. Section 226 of the vehicle and traffic law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. RETURN DATE NOTIFICATIONS.  THE  COMMISSIONER  SHALL  NOTIFY  ANY
 PERSON  WHO  RECEIVES  A SUMMONS AND COMPLAINT FOR ANY TRAFFIC VIOLATION
 SPECIFIED 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 SUCH RETURN DATE. THE  COMMISSIONER  SHALL:
 (A)  SEND  SUCH  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) PROVIDE AN ADDITIONAL NOTIFICATION BY
 TEXT MESSAGE, ELECTRONIC MAIL, OR TELEPHONE CALL  WHENEVER  THE  COMMIS-
 SIONER  HAS  THE  TELEPHONE  NUMBER  OR  ELECTRONIC MAIL ADDRESS OF SUCH
 PERSON.

 A. 7463--B                          3
 
   § 3. Section 1802 of the vehicle and traffic law is amended to read as
 follows:
   § 1802. Receipts  for  fines  or  bail; INSTALLMENT PAYMENT PLANS.  1.
 RECEIPTS FOR FINES OR BAIL. Upon receipt of the payment of any  fine  or
 penalty  collected  under  a  sentence  or  judgment  of conviction of a
 violation of any of the provisions of this chapter  or  any  local  law,
 ordinance,  order,  rule  or  regulation  made  by  local authorities in
 relation to traffic or the deposit of bail of a person  charged  with  a
 violation  of  any  such provision, local law, ordinance, order, rule or
 regulation, the officer or employee receiving such  payment  or  deposit
 shall  issue  a  receipt therefor when the payment or deposit is made in
 cash. Whenever any such payment or deposit is made by check, money order
 or in other property, the officer or  employee  shall  issue  a  receipt
 therefor  upon  request;  provided,  however,  no  such receipt shall be
 issued where a fine or penalty is paid  by  mail  unless  the  name  and
 address  of  the  payee is known to such officer or employee or enclosed
 with the payment.
   2. INSTALLMENT PAYMENT PLANS. (A) WHENEVER FINES AND/OR SURCHARGES ARE
 IMPOSED UPON A NATURAL PERSON UPON A CONVICTION OF A VIOLATION OF ANY OF
 THE PROVISIONS OF THIS CHAPTER OR ANY LOCAL LAW, ORDINANCE, ORDER,  RULE
 OR REGULATION MADE BY LOCAL AUTHORITIES IN RELATION TO TRAFFIC, OR WHEN-
 EVER  AN  ORDER  IS ENTERED PURSUANT TO SUBDIVISION THREE OF SECTION TWO
 HUNDRED TWENTY-SEVEN OF THIS CHAPTER, THE COURT OR HEARING OFFICER SHALL
 OFFER SUCH PERSON THE OPPORTUNITY TO ENTER INTO AN  INSTALLMENT  PAYMENT
 PLAN  AT  NO  CHARGE FOR THE PAYMENT OF SUCH FINES AND/OR SURCHARGES AND
 ANY RELATED FEES.  ANY SUCH INSTALLMENT PAYMENT PLAN SHALL BE  COMPRISED
 OF ALL FINES, FEES AND MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY
 PAYMENTS  THAT  DO  NOT  EXCEED TWO PERCENT OF SUCH PERSON'S MONTHLY NET
 INCOME OR TEN DOLLARS PER MONTH, WHICHEVER IS GREATER. FOR THE  PURPOSES
 OF  THIS  SUBDIVISION,  THE  TERM  "NET INCOME" SHALL MEAN SUCH PERSON'S
 TOTAL INCOME FROM ALL SOURCES AND ASSETS, MINUS DEDUCTIONS  REQUIRED  BY
 LAW  INCLUDING  BUT  NOT  LIMITED  TO  ADMINISTRATIVE  OR  COURT-ORDERED
 GARNISHMENTS AND SUPPORT  PAYMENTS.  A  COURT  OR  HEARING  OFFICER  MAY
 REQUIRE  THE  SUBMISSION  OF  A  FINANCIAL  DISCLOSURE REPORT, ON A FORM
 PRESCRIBED BY THE COMMISSIONER, FROM ALL PERSONS WHO OPT TO  ENTER  INTO
 INSTALLMENT  PAYMENT  PLANS.  A COURT OR HEARING OFFICER ALSO 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 INSTALLMENT PAYMENT PLAN.  A  COURT  OR  HEARING  OFFICER  MAY
 REQUIRE  PERSONS  ENTERING  INSTALLMENT  PAYMENT PLANS TO APPEAR PERIOD-
 ICALLY BEFORE SUCH COURT OR HEARING OFFICER, BUT NO MORE FREQUENTLY THAN
 ANNUALLY, TO ASSESS THEIR FINANCIAL CIRCUMSTANCES, AND  MAY  SET  A  NEW
 PAYMENT  AMOUNT IF SUCH PERSON'S FINANCIAL CIRCUMSTANCES HAVE CHANGED. A
 PERSON WHO ENTERS INTO AN INSTALLMENT 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.
   (B) 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 OR ANY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION MADE
 BY LOCAL AUTHORITIES IN RELATION TO TRAFFIC.
   (C) A PERSON ASSESSED A FINE, FEE AND/OR MANDATORY SURCHARGE FOLLOWING
 A CONVICTION FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER OR
 ANY LOCAL LAW, ORDINANCE,  ORDER,  RULE  OR  REGULATION  MADE  BY  LOCAL
 AUTHORITIES IN RELATION TO TRAFFIC, OR THE ENTERING OF AN ORDER PURSUANT
 TO  SUBDIVISION  THREE OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAP-

 A. 7463--B                          4
 
 TER, SHALL BE NOTIFIED OF THEIR RIGHT TO AN INSTALLMENT PAYMENT PLAN (A)
 AT THE TIME THE SUMMONS IS ISSUED; (B) AT THE TIME  OF  SENTENCING;  AND
 (C)  IN ANY COMMUNICATION CONCERNING IMPOSITION OR COLLECTION OF A FINE,
 FEE  OR  MANDATORY  SURCHARGE.  INFORMATION  ABOUT  THE  AVAILABILITY OF
 INSTALLMENT PAYMENT PLANS SHALL BE PROMINENTLY POSTED, IN  A  CLEAR  AND
 CONSPICUOUS  MANNER:  AT  EACH COURT AND ADMINISTRATIVE TRIBUNAL AND 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
 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-

 A. 7463--B                          5
 
 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
 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.  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

 A. 7463--B                          6
 
 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
 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].
   § 7. Termination of suspension for failure to appear, answer or pay  a
 fine.  a. Within three months of the effective date of this section, the
 commissioner of  motor  vehicles  shall  terminate  all  suspensions  of
 licenses,  privileges to operate a motor vehicle and registrations based
 upon a failure to appear, answer, or pay a fine,  penalty  or  mandatory
 surcharge  pursuant  to  subdivision  3 of section 226, subdivision 4 of
 section 227, or subdivision 4-a of section 510 of the vehicle and  traf-
 fic  law,  in  effect  prior  to the effective date of this section. The
 commissioner of motor vehicles shall waive all fees and fines associated
 with the termination of such suspension, including but  not  limited  to
 those  described in subparagraph (i) of paragraph (j-1) of subdivision 2
 of section 503, subdivision 3 of section 514 and paragraph a of subdivi-
 sion 4 of section 227 of the vehicle and traffic law,  as  in  existence
 prior to the effective date of this section. Provided, however, that the
 provisions of this section shall not apply to suspensions imposed pursu-

 A. 7463--B                          7
 
 ant  to such sections involving violations of section 385 of the vehicle
 and traffic law, or any violation of the tax law or of  the  transporta-
 tion law regulating traffic.
   b.  Upon  termination  of  suspensions  pursuant  to this section, the
 commissioner of motor vehicles  shall  give  the  person  whose  license
 and/or  registration suspension is terminated pursuant to this section a
 written notification by first class mail to the address of  such  person
 on  file with the department of motor vehicles or at the current address
 provided by the United States postal service. Such notice  shall  inform
 such person of the termination of the suspension of their license and/or
 registration,  the  date  of such termination, that continued failure to
 answer the violation for which the suspension for failure to answer  was
 originally imposed may subject such person to the entry of a guilty plea
 on  their  behalf  and  the rendering of a default judgment of a fine as
 well as additional enforcement actions including  garnishment  of  wages
 and  personal property, restraining of bank accounts, and the placing of
 liens on real property, and that unpaid fines can be entered as a  civil
 judgment for enforcement. Such notice also shall provide instructions on
 how  such  person  can  avoid  the  imposition  of such additional plea,
 default, and enforcement actions.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law provided, however, sections two and seven 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.