Senate Bill S5777

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5777
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sens. GIANARIS, ADDABBO, HOYLMAN-SIGAL, KRUEGER, PARKER,
   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  SUBDIVISION
 TWO  OR TWO-A OF SECTION FIVE HUNDRED TEN OR SUBDIVISION ONE OR THREE OF
 SECTION FIVE HUNDRED TEN-A OF THIS CHAPTER FOR CONDUCT RELATING  TO  THE
 OPERATION  OF  A  MOTOR  VEHICLE  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01803-01-5
 S. 5777                             2
              

 
   4. A. THE COMMISSIONER OR THEIR DULY  AUTHORIZED  AGENT  SHALL  NOTIFY
 EACH PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED OF SUCH PERSON'S
 OBLIGATION  TO  SURRENDER  THE NUMBER PLATES OF ANY MOTOR VEHICLES WHICH
 SUCH PERSON HAS REGISTERED PURSUANT TO THIS ARTICLE, AND OF THE  SUSPEN-
 SION OF ANY VEHICLE REGISTRATIONS IN SUCH PERSON'S 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 THEIR
 DULY  AUTHORIZED  AGENT  THAT  SUCH  PERSON 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 THEIR DULY AUTHORIZED AGENT DEEMS NECESSARY TO ESTABLISH  JOINT  USE.
 THE  COMMISSIONER OR THEIR DULY AUTHORIZED AGENT SHALL DETERMINE WHETHER
 AN INDIVIDUAL QUALIFIES AS AN IMMEDIATE  FAMILY  MEMBER,  PROVIDED  THAT
 SUCH  DEFINITION OF IMMEDIATE FAMILY MEMBERS SHALL INCLUDE WITHOUT LIMI-
 TATION 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.