Bill Text: NY S02645 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S02645 Detail]

Download: New_York-2023-S02645-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2645

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     1    Section  1.  Section  318 of the vehicle and traffic law is amended by
     2  adding a new subdivision 16 to read as follows:
     3    16. (a) Subject to the provisions of paragraph (b)  of  this  subdivi-
     4  sion, no revocation or suspension order shall be issued pursuant to this
     5  section,  or  if such revocation or suspension order has been issued, it
     6  shall be terminated upon a proper showing of current effective financial
     7  security, if the commissioner shall determine that the  person  involved
     8  is  a  victim  of  domestic  violence and was not aware of the fact that
     9  financial security was not in effect due  to  non-payment  or  lapse  of
    10  coverage  and  the failure to have such financial security in effect was
    11  caused solely by the negligence or malfeasance of a  person  other  than
    12  such victim.
    13    (b)  The  burden  of proving lack of knowledge that financial security
    14  was not in effect and that such failure resulted solely from the  negli-
    15  gence  or  malfeasance  of  another  shall be upon the person seeking to
    16  avoid revocation or suspension action. Such facts shall  be  established
    17  by  clear  and  convincing evidence, either by the submission of affida-
    18  vits, a court order, or at a hearing called in  the  discretion  of  the
    19  commissioner.
    20    (c)  A  determination  by  the commissioner that the person seeking to
    21  avoid revocation or suspension action  for  failure  to  have  financial
    22  security  in  effect  as a result of being a victim of domestic violence
    23  shall relieve such victim of the penalties and disabilities provided  in
    24  this article.
    25    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06057-01-3