Senate Bill S2645

2023-2024 Legislative Session

Disallows the suspension or revocation of a domestic violence victim's driver's license or registration for non-payment or lapse of insurance coverage

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-S2645 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §318, V & T L
Versions Introduced in 2021-2022 Legislative Session:
S7495

2023-S2645 (ACTIVE) - Summary

Disallows the suspension or revocation of a domestic violence victim's driver's license or registration for non-payment or lapse of insurance coverage upon a proper showing of current insurance and a court order or attorney affirmation that such individual is in fact a victim of domestic violence.

2023-S2645 (ACTIVE) - Sponsor Memo

2023-S2645 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2645
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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  disallowing
   suspension  or  revocation  of  a  domestic violence victim's driver's
   license or registration for non-payment or lapse of insurance coverage

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  318 of the vehicle and traffic law is amended by
 adding a new subdivision 16 to read as follows:
   16. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)  OF  THIS  SUBDIVI-
 SION, NO REVOCATION OR SUSPENSION ORDER SHALL BE ISSUED PURSUANT TO THIS
 SECTION,  OR  IF SUCH REVOCATION OR SUSPENSION ORDER HAS BEEN ISSUED, IT
 SHALL BE TERMINATED UPON A PROPER SHOWING OF CURRENT EFFECTIVE FINANCIAL
 SECURITY, IF THE COMMISSIONER SHALL DETERMINE THAT THE  PERSON  INVOLVED
 IS  A  VICTIM  OF  DOMESTIC  VIOLENCE AND WAS NOT AWARE OF THE FACT THAT
 FINANCIAL SECURITY WAS NOT IN EFFECT DUE  TO  NON-PAYMENT  OR  LAPSE  OF
 COVERAGE  AND  THE FAILURE TO HAVE SUCH FINANCIAL SECURITY IN EFFECT WAS
 CAUSED SOLELY BY THE NEGLIGENCE OR MALFEASANCE OF A  PERSON  OTHER  THAN
 SUCH VICTIM.
   (B)  THE  BURDEN  OF PROVING LACK OF KNOWLEDGE THAT FINANCIAL SECURITY
 WAS NOT IN EFFECT AND THAT SUCH FAILURE RESULTED SOLELY FROM THE  NEGLI-
 GENCE  OR  MALFEASANCE  OF  ANOTHER  SHALL BE UPON THE PERSON SEEKING TO
 AVOID REVOCATION OR SUSPENSION ACTION. SUCH FACTS SHALL  BE  ESTABLISHED
 BY  CLEAR  AND  CONVINCING EVIDENCE, EITHER BY THE SUBMISSION OF AFFIDA-
 VITS, A COURT ORDER, OR AT A HEARING CALLED IN  THE  DISCRETION  OF  THE
 COMMISSIONER.
   (C)  A  DETERMINATION  BY  THE COMMISSIONER THAT THE PERSON SEEKING TO
 AVOID REVOCATION OR SUSPENSION ACTION  FOR  FAILURE  TO  HAVE  FINANCIAL
 SECURITY  IN  EFFECT  AS A RESULT OF BEING A VICTIM OF DOMESTIC VIOLENCE
 SHALL RELIEVE SUCH VICTIM OF THE PENALTIES AND DISABILITIES PROVIDED  IN
 THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.