Bill Text: NY A00921 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to family court reviews of administrative driver's license suspensions for failure to pay child support and eligibility for restricted use licenses.

Spectrum: Moderate Partisan Bill (Republican 15-3)

Status: (Introduced) 2020-01-08 - referred to judiciary [A00921 Detail]

Download: New_York-2019-A00921-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           921
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        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:
     1    Section 1. Subdivision 5 of section 454 of the family  court  act,  as
     2  amended  by  chapter  468  of  the  laws  of 2012, is amended to read as
     3  follows:
     4    5. The court may review a support collection unit's denial of  [a]  an
     5  administrative challenge made by a support obligor pursuant to paragraph
     6  (d)  of subdivision twelve of section one hundred eleven-b of the social
     7  services law if [objections thereto  are]  a  petition  is  filed  by  a
     8  support obligor who has received notice that the office of temporary and
     9  disability assistance intends to notify the department of motor vehicles
    10  that  the  support  obligor's  driving  privileges  are to be suspended.
    11  [Specific written objections to]
    12    a. The petition challenging a support collection unit's denial may  be
    13  filed  by  the support obligor within thirty-five days of the mailing of
    14  the notice of the support collection unit's denial.  A  support  obligor
    15  who  files  such  [objections]  a  petition  shall  serve  a copy of the
    16  [objections] petition upon the support collection unit and  the  support
    17  obligee,  [which]  each of whom shall have ten days from such service to
    18  file a written [rebuttal to such objections and] answer.  On  or  before
    19  the  return  date  of  the  petition,  the support collection unit shall
    20  provide to the court a  copy  of  the  record  upon  which  the  support
    21  collection unit's denial was made, including all documentation submitted
    22  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

        A. 921                              2
     1  at the time of filing of [objections] the petition  and  any  [rebuttal.
     2  The court's review shall be based upon the record and submissions of the
     3  support  obligor  and the support collection unit upon which the support
     4  collection  unit's  denial  was  made.  Within forty-five days after the
     5  rebuttal, if any, is filed, the] answer.
     6    b. The support obligor shall submit to the court the financial disclo-
     7  sure required by subdivision (a) of section four  hundred  twenty-four-a
     8  of  this  article.  The  court  shall  not determine the petition in the
     9  absence of such submission.
    10    c. The court shall (i) deny the [objections] petition  and  remand  to
    11  the  support  collection  unit  or  (ii) [affirm] grant the [objections]
    12  petition if the court finds the determination of the support  collection
    13  unit is based upon a clearly erroneous determination of fact or error of
    14  law[,  whereupon]. If the court grants the petition, it shall direct the
    15  support collection unit not to notify the department of  motor  vehicles
    16  to suspend the support obligor's driving privileges.
    17    d.  Provisions set forth herein relating to procedures for [appeal to]
    18  review by the family court by individuals subject to suspension of driv-
    19  ing privileges for failure to pay child support shall  apply  solely  to
    20  such  cases  and  not affect or modify any other procedure for review or
    21  appeal of administrative enforcement of child support requirements.
    22    § 2. Paragraphs (d) and (f) of subdivision 12 of section 111-b of  the
    23  social services law, paragraph (d) as amended by chapter 309 of the laws
    24  of  1996  and  paragraph (f) as added by chapter 81 of the laws of 1995,
    25  are amended to read as follows:
    26    (d) (1) A support obligor may challenge in writing the correctness  of
    27  the  determination  of  the  support  collection unit that the obligor's
    28  driving privileges should be suspended, and in support of the  challenge
    29  may  submit  documentation  demonstrating  mistaken  identity,  error in
    30  calculation of arrears,  financial  exemption  from  license  suspension
    31  pursuant  to the conditions enumerated in paragraph (e) of this subdivi-
    32  sion, the absence of an underlying court order to support such  determi-
    33  nation,  or other reason that the person is not subject to such determi-
    34  nation. Such documents may include but are not limited to a copy of  the
    35  order  of  support  pursuant  to  which  the obligor claims to have made
    36  payment, other  relevant  court  orders,  copies  of  cancelled  checks,
    37  receipts  for support payments, pay stubs or other documents identifying
    38  wage withholding, and proof of identity.  The  support  collection  unit
    39  shall  review  the documentation submitted by the support obligor, shall
    40  adjust the support obligor's account if appropriate,  and  shall  notify
    41  the  support  obligor of the results of the review initiated in response
    42  to the challenge within seventy-five days from the date  of  the  notice
    43  required by paragraph (b) of this subdivision. If the support collection
    44  unit's review indicates that the determination to suspend driving privi-
    45  leges  was correct, the support collection unit shall notify the support
    46  obligor of the results of the review and that the  support  obligor  has
    47  thirty-five  days from the date of mailing of such notice to satisfy the
    48  full amount of the arrears or commence payment of the  arrears/past  due
    49  support  as  specified  in  paragraph (e) of this subdivision and if the
    50  support obligor fails to do so, the support collection unit shall notify
    51  the department of motor vehicles to suspend the support obligor's  driv-
    52  ing  privileges  pursuant to section five hundred ten of the vehicle and
    53  traffic law. The support obligor shall be further notified that  if  the
    54  support  obligor  files  [objections  with] a petition for review by the
    55  family court and serves [these objections] the petition on  the  support
    56  collection  unit within thirty-five days from the date of mailing of the

        A. 921                              3
     1  notice denying the challenge pursuant to  subdivision  five  of  section
     2  four  hundred fifty-four of the family court act, the support collection
     3  unit shall not notify the department of motor vehicles  to  suspend  the
     4  support  obligor's  driving privileges until fifteen days after entry of
     5  [judgement] judgment by the family court denying the [objections] relief
     6  requested in the petition.
     7    (2) A support obligor may within thirty-five days of  mailing  of  the
     8  notice  denying  his  or  her  challenge  by the support collection unit
     9  [request that the] file a petition seeking family court  review  of  the
    10  support  collection unit's determination pursuant to subdivision five of
    11  section four hundred fifty-four of the family court act. If the  support
    12  obligor [requests the] files a petition seeking family court [to] review
    13  of  the  determination  of  the  support  collection  unit,  the support
    14  collection unit shall not notify the department  of  motor  vehicles  to
    15  suspend  the  support  obligor's  driving  privileges until fifteen days
    16  after mailing of a copy of the judgment  by  the  family  court  to  the
    17  support  obligor  denying the [objections] relief requested in the peti-
    18  tion.
    19    (f) A support obligor [who alleges that he or  she  has  not  received
    20  actual  notice  pursuant  to  paragraph  one  of subdivision (b) of this
    21  section and] whose driving privileges were suspended  may  at  any  time
    22  request  a  review  pursuant  to  [subdivision]  paragraph  (d)  of this
    23  [section] subdivision or comply with the requirements  of  [subdivision]
    24  paragraph  (e)  of  this [section] subdivision, and upon a determination
    25  that he or she has not accumulated  support  arrears  equivalent  to  or
    26  greater  than  the  amount of support due for a period of four months or
    27  that he or she meets the requirements of [subdivision] paragraph (e)  of
    28  this  [section]  subdivision, the department shall notify the department
    29  of motor vehicles that the suspension of  driving  privileges  shall  be
    30  terminated.  If  the support collection unit upholds the suspension, the
    31  support obligor may seek a review by the family court  of  the  determi-
    32  nation  pursuant  to  paragraph (d) of this subdivision and section four
    33  hundred fifty-four of the family court act.
    34    § 3. Paragraph 3 of subdivision 4-e of section 510 of the vehicle  and
    35  traffic  law,  as amended by chapter 601 of the laws of 2007, is amended
    36  to read as follows:
    37    (3) Upon receipt of notification from  the  office  of  temporary  and
    38  disability  assistance  of a person's failure to satisfy support arrears
    39  or to make satisfactory payment arrangements thereon pursuant  to  para-
    40  graph  (e)  of subdivision twelve of section one hundred eleven-b of the
    41  social services law or notification from a court issuing an order pursu-
    42  ant to section four hundred fifty-four or four hundred fifty-eight-a  of
    43  the family court act or section two hundred forty-four-b of the domestic
    44  relations  law,  the  commissioner or his or her agent shall suspend the
    45  license of such person to operate a motor vehicle.  In  the  event  such
    46  person  is  unlicensed,  such  person's privilege of obtaining a license
    47  shall be suspended. Such suspension shall  take  effect  no  later  than
    48  fifteen  days  from  the  date of the notice thereof to the person whose
    49  license or privilege of obtaining a license  is  to  be  suspended,  and
    50  shall  remain  in  effect until such time as the commissioner is advised
    51  that the person has satisfied the support arrears or has made  satisfac-
    52  tory  payment arrangements thereon pursuant to paragraph (e) of subdivi-
    53  sion twelve of section one hundred eleven-b of the social  services  law
    54  or  until  such  time  as  the  court  issues an order to terminate such
    55  suspension;

        A. 921                              4
     1    § 4. Subdivisions 3 and 5 of section 530 of the  vehicle  and  traffic
     2  law,  subdivision  3  as  amended by chapter 539 of the laws of 1990 and
     3  subdivision 5 as amended by section 31 of part LL of chapter 56  of  the
     4  laws of 2010, are amended to read as follows:
     5    (3)  Such license or privilege and renewal thereof shall be issued for
     6  a period not exceeding the period during  which  such  person's  regular
     7  driver's  license  or  privilege has been suspended or revoked, shall be
     8  marked and identified as a restricted use license or privilege and shall
     9  be valid only: (a) during the time the holder  is  actually  engaged  in
    10  pursuing  or commuting to or from his or her business, trade, occupation
    11  or profession, (b) enroute to and from a driver  rehabilitation  program
    12  or  related  activity  specified by the commissioner at which his or her
    13  attendance is required, (c) to and from a class or course at an  accred-
    14  ited school, college or university or at a state approved institution of
    15  vocational  or  technical  training,  (d)  enroute to and from a medical
    16  examination or treatment as part of a necessary  medical  treatment  for
    17  such  participant  or  member of his or her household, as evidenced by a
    18  written statement to that effect from a licensed  medical  practitioner,
    19  or  (e)  enroute  to  and from a place, including a school, at which the
    20  child or children of the holder are cared for on  a  regular  basis  and
    21  which  is  necessary for the holder to maintain such holder's employment
    22  or enrollment at an accredited school, college or  university  or  at  a
    23  state approved institution of vocational or technical training and shall
    24  contain  the terms and conditions under which it is issued and is valid.
    25  In the event the holder of a restricted  use  license  or  privilege  is
    26  convicted  of:  any violation (other than parking, stopping or standing)
    27  or of operating a motor vehicle for other than his  or  her  employment,
    28  business,  trade,  occupational  or  professional  or other purposes for
    29  which the license or privilege was issued, or does not comply with other
    30  requirements established by the commissioner, such license or  privilege
    31  may be revoked and the holder shall not be eligible to receive a license
    32  or  privilege  pursuant  to this section for a period of five years from
    33  the date of such revocation. Subject to the limitations  of  subdivision
    34  five  of this section, a restricted use license issued to a person whose
    35  license has been suspended for failure to make payments of child support
    36  or combined child and spousal support shall be valid for operation of  a
    37  motor  vehicle  incident  to the holder's business, trade, occupation or
    38  profession.
    39    (5) A restricted use license or privilege shall be valid for the oper-
    40  ation of any motor vehicle, except a vehicle  for  hire  as  a  taxicab,
    41  livery,  coach, limousine, van or wheelchair accessible van or tow truck
    42  as defined in this chapter subject to the conditions set  forth  herein,
    43  which  the holder would otherwise be entitled to operate had his drivers
    44  license or privilege not  been  suspended  or  revoked.  Notwithstanding
    45  anything to the contrary in a certificate of relief from disabilities or
    46  a certificate of good conduct issued pursuant to article twenty-three of
    47  the  correction law, a restricted use license shall not be valid for the
    48  operation of a commercial motor vehicle. A restricted use license  shall
    49  not  be  valid  for  the  operation  of a vehicle for hire as a taxicab,
    50  livery, coach, limousine, van or wheelchair accessible van or tow  truck
    51  where  the  holder  thereof  had his or her drivers license suspended or
    52  revoked and (i) such suspension or revocation is mandatory  pursuant  to
    53  the  provisions  of subdivision two or two-a of section five hundred ten
    54  of this title; or (ii) any such suspension is permissive for habitual or
    55  persistent violations of this chapter or any local law relating to traf-
    56  fic as set forth in paragraph d or i of  subdivision  three  of  section

        A. 921                              5
     1  five  hundred ten of this title; or (iii) any such suspension is permis-
     2  sive and has been imposed by a magistrate, justice or judge of any city,
     3  town or village, any supreme court justice, any county judge,  or  judge
     4  of a district court. Except for a commercial motor vehicle as defined in
     5  subdivision  four  of  section  five  hundred  one-a  of this title, the
     6  restrictions  on  types  of  vehicles  which  may  be  operated  with  a
     7  restricted license contained in this subdivision shall not be applicable
     8  to  a  restricted  license  issued  to  a  person whose license has been
     9  suspended for failure to make payments  of  child  support  or  combined
    10  child  and  spousal  support  pursuant to paragraph three of subdivision
    11  four-e of section five hundred ten of this title.
    12    § 5. This act shall take effect immediately; provided,  however,  that
    13  the  amendments  to subdivision 5 of section 454 of the family court act
    14  made by section one of this act shall not  affect  the  repeal  of  such
    15  subdivision  and  shall be deemed repealed therewith; provided, however,
    16  that the amendments to paragraphs (d)  and  (f)  of  subdivision  12  of
    17  section 111-b of the social services law made by section two of this act
    18  shall  not  affect  the  repeal  of such subdivision and shall be deemed
    19  repealed therewith; provided, however, that the amendments to  paragraph
    20  3  of subdivision 4-e of section 510 of the vehicle and traffic law made
    21  by section three of this act shall not affect the repeal of such  subdi-
    22  vision and shall be deemed repealed therewith; provided, further, howev-
    23  er,  that  the amendments to subdivision 5 of section 530 of the vehicle
    24  and traffic law made by section four of this act shall  not  affect  the
    25  expiration of such subdivision and shall be deemed expired therewith.
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