S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7053
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  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. Paragraph (a) of subdivision 3 of section 226 of the  vehi-
 cle  and traffic law, as amended by section 6 of part J of chapter 62 of
 the laws of 2003, is amended to read as follows:
   (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 privi-
 lege 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, OR HAS PAID OR ENTERED INTO AN INSTALLMENT PAYMENT PLAN
 TO  PAY THE FINE ASSOCIATED WITH A CONVICTION ENTERED AS A RESULT OF THE
 FAILURE TO APPEAR IN RESPONSE TO SUCH SUMMONS, OR THE DEFENDANT HAS BEEN
 ACQUITTED OF THE CHARGE THAT LED TO THE SUSPENSION OR  SUCH  CHARGE  WAS
 OTHERWISE  DISMISSED.    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  hear-
 ing,  or the disposition of the charges involved. Any suspension permit-
 ted by this subdivision, if already in effect, may be terminated  or  if
 not  yet  in effect, may be withdrawn or withheld, prior to the disposi-
 tion of the charges involved if such person shall appear and post  secu-
 rity  in  the amount of forty dollars to guarantee his or her appearance
 at any required hearing. The security posted pursuant to  this  subdivi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11650-04-1

 S. 7053                             2
 
 sion  shall  be  returned upon 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 suspen-
 sion  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.
   §  2. Paragraph (a) of subdivision 3 of section 226 of the vehicle and
 traffic law, as amended by chapter 76 of the laws of 2021, is amended to
 read as follows:
   (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 privi-
 lege 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, or has paid OR HAS ENTERED INTO AN INSTALLMENT PAYMENT
 PLAN TO PAY the fine associated with a conviction entered as a result of
 the failure to appear in response to such summons, or the defendant  has
 been  acquitted  of the charge that led to the suspension or such charge
 was otherwise dismissed. 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 hear-
 ing, or the disposition of the charges involved. Any suspension  permit-
 ted  by  this subdivision, if already in effect, may be terminated or if
 not yet in effect, may be withdrawn or withheld, prior to  the  disposi-
 tion  of the charges involved if such person shall appear and post secu-
 rity in the amount of forty dollars to guarantee his or  her  appearance
 at  any  required hearing. The security posted pursuant to this subdivi-
 sion shall be returned upon 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 suspen-
 sion  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.
   §  3.  Paragraph  (a)  and  the  closing paragraph of paragraph (b) of
 subdivision 3 of section 514 of the vehicle and traffic law, as  amended
 by chapter 382 of the laws of 2020, are amended to read as follows:
   (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

 S. 7053                             3
 
 (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  OR SUCH PERSON'S ENTRY INTO AN INSTALLMENT PAYMENT PLAN, the
 trial court or the clerk thereof shall forthwith certify  that  fact  to
 the commissioner, in the manner and form prescribed by the commissioner.
   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 agency OR SUCH PERSON'S ENTRY INTO AN INSTALLMENT
 PAYMENT PLAN, the traffic and parking  violations  agency,  the  traffic
 violations agency or the clerk thereof shall forthwith certify that fact
 to  the  commissioner,  in the manner and form prescribed by the commis-
 sioner.
   § 4. Paragraph (a) and subparagraph (iv) of paragraph (c) of  subdivi-
 sion  4-a  of  section 510 of the vehicle and traffic law, as amended by
 chapter 76 of the laws of 2021, are amended to read as follows:
   (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 park-
 ing, 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) 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  OR  HAS
 ENTERED INTO AN INSTALLMENT PAYMENT PLAN TO PAY the fine associated with
 a conviction entered as a result of the failure to appear in response to
 such  appearance  ticket,  or  the  defendant  has been acquitted of the
 charge  that  led  to  the  suspension  or  such  charge  was  otherwise
 dismissed.  Such  suspension  shall take effect no less than thirty days
 from the day upon which an initial notice thereof is sent by the commis-
 sioner to the person whose driver's license  or  privileges  are  to  be
 suspended,  provided  that  the  commissioner  shall send such person at
 least two notices thereof,  including  such  initial  notice,  at  least
 fifteen days apart during such period. Any suspension issued pursuant to
 this  paragraph shall be subject to the provisions of paragraph (j-l) of
 subdivision two of section five hundred three of this chapter.
   (iv) any lawful ordinance or regulation made  by  a  local  or  public
 authority  relating  to  traffic  (except  one  for parking, stopping or
 standing), 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 OR HAS ENTERED INTO AN INSTALLMENT  PAYMENT  PLAN  TO
 PAY  the  fine  associated  with a conviction entered as a result of the
 failure to appear in response to such appearance ticket, or the  defend-
 ant  has been acquitted of the charge that led to the suspension or such
 charge was otherwise dismissed. Such suspension  shall  take  effect  no
 less  than thirty days from the day upon which an initial notice thereof
 is sent by the commissioner to the  person  whose  driver's  license  or
 privileges  are  to  be  suspended, provided that the commissioner shall

 S. 7053                             4
 
 send such person at least two notices thereof,  including  such  initial
 notice,  at  least fifteen days apart during such period. 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 (a) of subdivision 2 of section 1802 of the vehicle and
 traffic law, as amended by chapter 76 of the laws of 2021, is amended to
 read as follows:
   (a) Whenever fines, FEES, 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  whenever  an  order  is
 entered pursuant to subdivision three of section two hundred twenty-sev-
 en  of  this  chapter,  [the  court  or hearing officer shall offer such
 person the opportunity to enter into an installment payment  plan]  SUCH
 FINES,  FEES, AND/OR SURCHARGES MAY BE PAID IN INSTALLMENTS at no charge
 [for the payment of such fines and/or surcharges and  any  related  fees
 including  but  not  limited  to  those described in subparagraph (i) of
 paragraph (j-1) of subdivision two of section five hundred three, subdi-
 vision three of section five hundred fourteen and paragraph a of  subdi-
 vision  four of section two hundred twenty-seven of this chapter] TO THE
 NATURAL PERSON.  COURTS, TRAFFIC VIOLATIONS AGENCIES, TRAFFIC AND  PARK-
 ING  VIOLATIONS AGENCIES, AND THE COMMISSIONER OR HIS OR HER AGENT SHALL
 OFFER SUCH PERSONS THE OPPORTUNITY TO ENTER INTO A PAYMENT PLAN  AT  ANY
 TIME, INCLUDING AFTER A CONVICTION ENTERED AS A RESULT OF THE FAILURE TO
 APPEAR  IN RESPONSE TO A SUMMONS OR APPEARANCE TICKET. Any such install-
 ment payment plan shall be comprised of all fines,  fees  and  mandatory
 surcharges, 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,
 and  shall consist of monthly payments that do not exceed two percent of
 such person's monthly net  income  or  twenty-five  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 payment obligations under the installment payment plan.
 A court or hearing officer may undertake additional collection activity,
 but  no  sooner  than  ninety  days  after  a person fails to meet their
 payment obligation under the installment payment plan; THE  COMMISSIONER
 SHALL NOT SUSPEND SUCH PERSON'S DRIVER'S LICENSE OR PRIVILEGES FOR FAIL-
 URE TO MEET THEIR PAYMENT OBLIGATION UNDER THE INSTALLMENT PAYMENT PLAN.
 A  court  or  hearing  officer  may require persons entering installment
 payment plans to appear periodically before such court or hearing  offi-
 cer, but no more frequently than TWICE annually[, to assess their finan-
 cial  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 peti-
 tion  the  court or hearing officer no more than two times in a calendar
 year to seek a reduction in the monthly payment; provided,  however,  in

 S. 7053                             5

 the  interests  of  justice,  the  court or hearing officer may accept a
 reduction request from such person at any time.
   §  6.  This  act shall take effect immediately, provided, however that
 section two of this act shall take effect on the same date  and  in  the
 same  manner  as section 1 of chapter 76 of the laws of 2021 and section
 five of this act shall take effect on the same  date  and  in  the  same
 manner as section 3 of chapter 76 of the laws of 2021.