S T A T E O F N E W Y O R K
________________________________________________________________________
921
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. WALSH, MORINELLO, McDONOUGH, CROUCH, B. MILLER,
D'URSO, LAWRENCE -- Multi-Sponsored by -- M. of A. FERNANDEZ, SIMON,
TAGUE -- read once and referred to the Committee on Judiciary
AN ACT to amend the family court act, the social services law and the
vehicle and traffic law, in relation to family court reviews of admin-
istrative driver's license suspensions for failure to pay child
support and eligibility for restricted use licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 454 of the family court act, as
amended by chapter 468 of the laws of 2012, is amended to read as
follows:
5. The court may review a support collection unit's denial of [a] AN
ADMINISTRATIVE challenge made by a support obligor pursuant to paragraph
(d) of subdivision twelve of section one hundred eleven-b of the social
services law if [objections thereto are] A PETITION IS filed by a
support obligor who has received notice that the office of temporary and
disability assistance intends to notify the department of motor vehicles
that the support obligor's driving privileges are to be suspended.
[Specific written objections to]
A. THE PETITION CHALLENGING a support collection unit's denial may be
filed by the support obligor within thirty-five days of the mailing of
the notice of the support collection unit's denial. A support obligor
who files such [objections] A PETITION shall serve a copy of the
[objections] PETITION upon the support collection unit AND THE SUPPORT
OBLIGEE, [which] EACH OF WHOM shall have ten days from such service to
file a written [rebuttal to such objections and] ANSWER. ON OR BEFORE
THE RETURN DATE OF THE PETITION, THE SUPPORT COLLECTION UNIT SHALL
PROVIDE TO THE COURT a copy of the record upon which the support
collection unit's denial was made, including all documentation submitted
by the support obligor. Proof of service shall be filed with the court
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02872-01-9
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at the time of filing of [objections] THE PETITION and any [rebuttal.
The court's review shall be based upon the record and submissions of the
support obligor and the support collection unit upon which the support
collection unit's denial was made. Within forty-five days after the
rebuttal, if any, is filed, the] ANSWER.
B. THE SUPPORT OBLIGOR SHALL SUBMIT TO THE COURT THE FINANCIAL DISCLO-
SURE REQUIRED BY SUBDIVISION (A) OF SECTION FOUR HUNDRED TWENTY-FOUR-A
OF THIS ARTICLE. THE COURT SHALL NOT DETERMINE THE PETITION IN THE
ABSENCE OF SUCH SUBMISSION.
C. THE court shall (i) deny the [objections] PETITION and remand to
the support collection unit or (ii) [affirm] GRANT the [objections]
PETITION if the court finds the determination of the support collection
unit is based upon a clearly erroneous determination of fact or error of
law[, whereupon]. IF the court GRANTS THE PETITION, IT shall direct the
support collection unit not to notify the department of motor vehicles
to suspend the support obligor's driving privileges.
D. Provisions set forth herein relating to procedures for [appeal to]
REVIEW BY the family court by individuals subject to suspension of driv-
ing privileges for failure to pay child support shall apply solely to
such cases and not affect or modify any other procedure for review or
appeal of administrative enforcement of child support requirements.
§ 2. Paragraphs (d) and (f) of subdivision 12 of section 111-b of the
social services law, paragraph (d) as amended by chapter 309 of the laws
of 1996 and paragraph (f) as added by chapter 81 of the laws of 1995,
are amended to read as follows:
(d) (1) A support obligor may challenge in writing the correctness of
the determination of the support collection unit that the obligor's
driving privileges should be suspended, and in support of the challenge
may submit documentation demonstrating mistaken identity, error in
calculation of arrears, financial exemption from license suspension
pursuant to the conditions enumerated in paragraph (e) of this subdivi-
sion, the absence of an underlying court order to support such determi-
nation, or other reason that the person is not subject to such determi-
nation. Such documents may include but are not limited to a copy of the
order of support pursuant to which the obligor claims to have made
payment, other relevant court orders, copies of cancelled checks,
receipts for support payments, pay stubs or other documents identifying
wage withholding, and proof of identity. The support collection unit
shall review the documentation submitted by the support obligor, shall
adjust the support obligor's account if appropriate, and shall notify
the support obligor of the results of the review initiated in response
to the challenge within seventy-five days from the date of the notice
required by paragraph (b) of this subdivision. If the support collection
unit's review indicates that the determination to suspend driving privi-
leges was correct, the support collection unit shall notify the support
obligor of the results of the review and that the support obligor has
thirty-five days from the date of mailing of such notice to satisfy the
full amount of the arrears or commence payment of the arrears/past due
support as specified in paragraph (e) of this subdivision and if the
support obligor fails to do so, the support collection unit shall notify
the department of motor vehicles to suspend the support obligor's driv-
ing privileges pursuant to section five hundred ten of the vehicle and
traffic law. The support obligor shall be further notified that if the
support obligor files [objections with] A PETITION FOR REVIEW BY the
family court and serves [these objections] THE PETITION on the support
collection unit within thirty-five days from the date of mailing of the
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notice denying the challenge pursuant to subdivision five of section
four hundred fifty-four of the family court act, the support collection
unit shall not notify the department of motor vehicles to suspend the
support obligor's driving privileges until fifteen days after entry of
[judgement] JUDGMENT by the family court denying the [objections] RELIEF
REQUESTED IN THE PETITION.
(2) A support obligor may within thirty-five days of mailing of the
notice denying his or her challenge by the support collection unit
[request that the] FILE A PETITION SEEKING family court review OF the
support collection unit's determination pursuant to subdivision five of
section four hundred fifty-four of the family court act. If the support
obligor [requests the] FILES A PETITION SEEKING family court [to] review
OF the determination of the support collection unit, the support
collection unit shall not notify the department of motor vehicles to
suspend the support obligor's driving privileges until fifteen days
after mailing of a copy of the judgment by the family court to the
support obligor denying the [objections] RELIEF REQUESTED IN THE PETI-
TION.
(f) A support obligor [who alleges that he or she has not received
actual notice pursuant to paragraph one of subdivision (b) of this
section and] whose driving privileges were suspended may at any time
request a review pursuant to [subdivision] PARAGRAPH (d) of this
[section] SUBDIVISION or comply with the requirements of [subdivision]
PARAGRAPH (e) of this [section] SUBDIVISION, and upon a determination
that he or she has not accumulated support arrears equivalent to or
greater than the amount of support due for a period of four months or
that he or she meets the requirements of [subdivision] PARAGRAPH (e) of
this [section] SUBDIVISION, the department shall notify the department
of motor vehicles that the suspension of driving privileges shall be
terminated. IF THE SUPPORT COLLECTION UNIT UPHOLDS THE SUSPENSION, THE
SUPPORT OBLIGOR MAY SEEK A REVIEW BY THE FAMILY COURT OF THE DETERMI-
NATION PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION AND SECTION FOUR
HUNDRED FIFTY-FOUR OF THE FAMILY COURT ACT.
§ 3. Paragraph 3 of subdivision 4-e of section 510 of the vehicle and
traffic law, as amended by chapter 601 of the laws of 2007, is amended
to read as follows:
(3) Upon receipt of notification from the office of temporary and
disability assistance of a person's failure to satisfy support arrears
or to make satisfactory payment arrangements thereon pursuant to para-
graph (e) of subdivision twelve of section one hundred eleven-b of the
social services law or notification from a court issuing an order pursu-
ant to section four hundred FIFTY-FOUR OR FOUR HUNDRED fifty-eight-a of
the family court act or section two hundred forty-four-b of the domestic
relations law, the commissioner or his or her agent shall suspend the
license of such person to operate a motor vehicle. In the event such
person is unlicensed, such person's privilege of obtaining a license
shall be suspended. Such suspension shall take effect no later than
fifteen days from the date of the notice thereof to the person whose
license or privilege of obtaining a license is to be suspended, and
shall remain in effect until such time as the commissioner is advised
that the person has satisfied the support arrears or has made satisfac-
tory payment arrangements thereon pursuant to paragraph (e) of subdivi-
sion twelve of section one hundred eleven-b of the social services law
or until such time as the court issues an order to terminate such
suspension;
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§ 4. Subdivisions 3 and 5 of section 530 of the vehicle and traffic
law, subdivision 3 as amended by chapter 539 of the laws of 1990 and
subdivision 5 as amended by section 31 of part LL of chapter 56 of the
laws of 2010, are amended to read as follows:
(3) Such license or privilege and renewal thereof shall be issued for
a period not exceeding the period during which such person's regular
driver's license or privilege has been suspended or revoked, shall be
marked and identified as a restricted use license or privilege and shall
be valid only: (a) during the time the holder is actually engaged in
pursuing or commuting to or from his OR HER business, trade, occupation
or profession, (b) enroute to and from a driver rehabilitation program
or related activity specified by the commissioner at which his OR HER
attendance is required, (c) to and from a class or course at an accred-
ited school, college or university or at a state approved institution of
vocational or technical training, (d) enroute to and from a medical
examination or treatment as part of a necessary medical treatment for
such participant or member of his OR HER household, as evidenced by a
written statement to that effect from a licensed medical practitioner,
or (e) enroute to and from a place, including a school, at which the
child or children of the holder are cared for on a regular basis and
which is necessary for the holder to maintain such holder's employment
or enrollment at an accredited school, college or university or at a
state approved institution of vocational or technical training and shall
contain the terms and conditions under which it is issued and is valid.
In the event the holder of a restricted use license or privilege is
convicted of: any violation (other than parking, stopping or standing)
or of operating a motor vehicle for other than his OR HER employment,
business, trade, occupational or professional or other purposes for
which the license or privilege was issued, or does not comply with other
requirements established by the commissioner, such license or privilege
may be revoked and the holder shall not be eligible to receive a license
or privilege pursuant to this section for a period of five years from
the date of such revocation. SUBJECT TO THE LIMITATIONS OF SUBDIVISION
FIVE OF THIS SECTION, A RESTRICTED USE LICENSE ISSUED TO A PERSON WHOSE
LICENSE HAS BEEN SUSPENDED FOR FAILURE TO MAKE PAYMENTS OF CHILD SUPPORT
OR COMBINED CHILD AND SPOUSAL SUPPORT SHALL BE VALID FOR OPERATION OF A
MOTOR VEHICLE INCIDENT TO THE HOLDER'S BUSINESS, TRADE, OCCUPATION OR
PROFESSION.
(5) A restricted use license or privilege shall be valid for the oper-
ation of any motor vehicle, except a vehicle for hire as a taxicab,
livery, coach, limousine, van or wheelchair accessible van or tow truck
as defined in this chapter subject to the conditions set forth herein,
which the holder would otherwise be entitled to operate had his drivers
license or privilege not been suspended or revoked. Notwithstanding
anything to the contrary in a certificate of relief from disabilities or
a certificate of good conduct issued pursuant to article twenty-three of
the correction law, a restricted use license shall not be valid for the
operation of a commercial motor vehicle. A restricted use license shall
not be valid for the operation of a vehicle for hire as a taxicab,
livery, coach, limousine, van or wheelchair accessible van or tow truck
where the holder thereof had his or her drivers license suspended or
revoked and (i) such suspension or revocation is mandatory pursuant to
the provisions of subdivision two or two-a of section five hundred ten
of this title; or (ii) any such suspension is permissive for habitual or
persistent violations of this chapter or any local law relating to traf-
fic as set forth in paragraph d or i of subdivision three of section
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five hundred ten of this title; or (iii) any such suspension is permis-
sive and has been imposed by a magistrate, justice or judge of any city,
town or village, any supreme court justice, any county judge, or judge
of a district court. Except for a commercial motor vehicle as defined in
subdivision four of section five hundred one-a of this title, the
restrictions on types of vehicles which may be operated with a
restricted license contained in this subdivision shall not be applicable
to a restricted license issued to a person whose license has been
suspended FOR FAILURE TO MAKE PAYMENTS OF CHILD SUPPORT OR COMBINED
CHILD AND SPOUSAL SUPPORT pursuant to paragraph three of subdivision
four-e of section five hundred ten of this title.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to subdivision 5 of section 454 of the family court act
made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith; provided, however,
that the amendments to paragraphs (d) and (f) of subdivision 12 of
section 111-b of the social services law made by section two of this act
shall not affect the repeal of such subdivision and shall be deemed
repealed therewith; provided, however, that the amendments to paragraph
3 of subdivision 4-e of section 510 of the vehicle and traffic law made
by section three of this act shall not affect the repeal of such subdi-
vision and shall be deemed repealed therewith; provided, further, howev-
er, that the amendments to subdivision 5 of section 530 of the vehicle
and traffic law made by section four of this act shall not affect the
expiration of such subdivision and shall be deemed expired therewith.