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 - Dead) 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. LBD02872-01-9A. 921 2 1 at the time of filing of [objections] the petition and any [rebuttal.2The court's review shall be based upon the record and submissions of the3support obligor and the support collection unit upon which the support4collection unit's denial was made. Within forty-five days after the5rebuttal, 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 theA. 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 received20actual notice pursuant to paragraph one of subdivision (b) of this21section 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 sectionA. 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.
