Senate Bill S4441

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4441
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by Sens. GIANARIS, ADDABBO, BRESLIN, HOYLMAN, KRUEGER, PARK-
   ER, STAVISKY -- read twice and ordered printed, and when printed to be
   committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the  surren-
   der  of  number plates of all motor vehicles which a person has regis-
   tered where such person has a suspended or revoked license
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 403-c to read as follows:
   § 403-C. SURRENDER OF REGISTRATION AND NUMBER PLATES. 1.   ANY  PERSON
 WHO  HAS HAD THEIR LICENSE SUSPENDED OR REVOKED PURSUANT TO SECTION FIVE
 HUNDRED TEN OR FIVE HUNDRED TEN-A OF THIS CHAPTER SHALL SURRENDER TO THE
 DEPARTMENT THE NUMBER PLATES OF ALL MOTOR VEHICLES WHICH SUCH PERSON HAS
 REGISTERED PURSUANT TO THIS ARTICLE, AND SHALL HAVE  ANY  MOTOR  VEHICLE
 REGISTRATIONS  WHICH  BELONG TO SUCH PERSON SUSPENDED. SUCH SURRENDER OF
 NUMBER PLATES AND VEHICLE SUSPENSION  OR  SUSPENSIONS  SHALL  REMAIN  IN
 EFFECT AS LONG AS THE SUSPENSION OR REVOCATION OF SUCH DRIVER'S LICENSE.
   2.  ALL  MOTOR  VEHICLES REGISTERED TO SUCH PERSON SHALL NOT BE REGIS-
 TERED OR REREGISTERED IN THE NAME OF SUCH PERSON, OR IN ANY  OTHER  NAME
 WHERE  THE  COMMISSIONER  HAS  REASONABLE  GROUNDS  TO BELIEVE THAT SUCH
 REGISTRATION OR REREGISTRATION WILL HAVE THE  EFFECT  OF  DEFEATING  THE
 PURPOSES OF THIS SECTION, AND NO OTHER MOTOR VEHICLE SHALL BE REGISTERED
 IN THE NAME OF SUCH PERSON DURING THE PERIOD OF SUCH SUSPENSION.
   3.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION FIVE OF SECTION FOUR HUNDRED
 TWENTY-EIGHT OF THIS TITLE, REFUNDS OF FEES ASSESSED  PURSUANT  TO  THIS
 ARTICLE  AND ARTICLE FOURTEEN-A OF THIS TITLE SHALL NOT BE PROVIDED WHEN
 SUSPENSION IS MANDATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   4. A. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL NOTI-
 FY EACH PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED OF HIS OR HER
 OBLIGATION TO SURRENDER THE NUMBER PLATES OF ANY  MOTOR  VEHICLES  WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10564-01-9

 S. 4441                             2
 
 SUCH  PERSON HAS REGISTERED PURSUANT TO THIS ARTICLE, AND OF THE SUSPEN-
 SION OF ANY VEHICLE REGISTRATIONS IN HIS OR HER NAME.
   B.  SUCH NOTICE SHALL INCLUDE THE NAME AND ADDRESS OF THE PERSON WHOSE
 LICENSE HAS BEEN SUSPENDED OR REVOKED, THE VEHICLE  REGISTRATION  NUMBER
 OR  NUMBERS  WHICH  ARE  SUSPENDED,  THE NUMBER PLATES OF THE VEHICLE OR
 VEHICLES WHICH MUST BE SURRENDERED, THE INFRACTION, INFRACTIONS, OFFENSE
 AND/OR OFFENSES FOR WHICH  THE  REGISTRATION  IS  SUSPENDED  AND  NUMBER
 PLATES  MUST  BE SURRENDERED, AND THE DATES AND TIMES OF THE CONVICTIONS
 FOR SUCH INFRACTIONS AND/OR OFFENSES.
   C. THE NOTICE SHALL ALSO CONTAIN A WARNING ADVISING THE PERSON OF  THE
 CONSEQUENCES OF FAILURE TO SURRENDER NUMBER PLATES.
   D.  THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED BY FIRST
 CLASS MAIL TO THE REGISTRANT OF THE MOTOR VEHICLE WITHIN THIRTY DAYS  OF
 THE LICENSE SUSPENSION OR REVOCATION.
   E.  SUCH  PERSON SHALL SURRENDER ANY NUMBER PLATES FOR ANY VEHICLE FOR
 WHICH THE PERSON IS THE REGISTRANT WITHIN  FOURTEEN  DAYS  OF  RECEIVING
 NOTICE  FROM  THE  DEPARTMENT.  FAILURE  TO SURRENDER NUMBER PLATES UPON
 NOTICE SHALL CONSTITUTE AN INFRACTION, PUNISHABLE UPON CONVICTION  BY  A
 FINE  NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED
 DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR BOTH SUCH FINE
 AND IMPRISONMENT.
   5. A WAIVER OF THE PROVISIONS OF SUBDIVISIONS  ONE  AND  TWO  OF  THIS
 SECTION  SHALL BE AVAILABLE FOR MOTOR VEHICLES WHICH ARE JOINTLY USED BY
 SPOUSES OR OTHER IMMEDIATE FAMILY MEMBERS IF THE IMPLEMENTATION OF  SUCH
 SUBDIVISION WOULD RESULT IN AN EXTREME HARDSHIP FOR THE SPOUSE OR FAMILY
 MEMBER  WHOSE LICENSE HAS NOT BEEN SUSPENDED OR REVOKED.  TO BE ELIGIBLE
 FOR AN EXTREME HARDSHIP EXCEPTION, A DULY LICENSED SPOUSE  OR  IMMEDIATE
 FAMILY  MEMBER  MUST FURNISH PROOF ACCEPTABLE TO THE COMMISSIONER OR HIS
 OR HER DULY AUTHORIZED AGENT THAT HE OR SHE JOINTLY USES A MOTOR VEHICLE
 WHOSE REGISTRATION AND NUMBER  PLATES  WOULD  OTHERWISE  BE  SUBJECT  TO
 SUSPENSION  OR  SURRENDER  PURSUANT  TO  SUBDIVISION  ONE OR TWO OF THIS
 SECTION. ACCEPTABLE PROOF SHALL INCLUDE WITHOUT LIMITATION THE SPOUSE OR
 IMMEDIATE FAMILY MEMBER BEING NAMED IN A POLICY OF  LIABILITY  INSURANCE
 FOR  THE  MOTOR VEHICLE PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER BEFORE
 THE DATE OF CONVICTION, AND ANY ADDITIONAL FACTORS THAT THE COMMISSIONER
 OR HIS OR HER DULY AUTHORIZED AGENT DEEMS NECESSARY TO  ESTABLISH  JOINT
 USE.  THE  COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL DETER-
 MINE WHETHER AN INDIVIDUAL QUALIFIES  AS  AN  IMMEDIATE  FAMILY  MEMBER,
 PROVIDED  THAT SUCH DEFINITION OF IMMEDIATE FAMILY MEMBERS SHALL INCLUDE
 WITHOUT LIMITATION DOMESTIC PARTNERS AS DEFINED IN SECTION FOUR  OF  THE
 WORKERS' COMPENSATION LAW AND ANY CHILDREN OF THE REGISTRANT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.