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A05710 Summary:

A05710 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5710
 
SPONSOR: Kearns

 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to termination of suspension fees
 
 
PURPOSE:
 
To prevent a proposed fifty percent increase in the suspension and
termination fees in the Vehicle and Traffic Law. This limit will prevent
financial hardship for many families living pay check to paycheck. The
extra burden will in many cases will cause loss of not only a person's
license but also their job or livelihood, a disproportionate punishment
and an excessive fee under the Constitution.
 
 
SUMMARY OF PROVISIONS:
 
This bill will amend subparagraph (i) of paragraph (j-1) of subdivision
2 of 2 section 503 of the vehicle and traffic law, as amended by section
3 of 3 part PP of chapter 59 of the laws of 2009.
 
 
JUSTIFICATION:
 
In the short term the proposed 50% increase in the DMV Suspension-Termi-
nation Fees from $70 to $105 should not be approved.  The collateral
consequences and ramifications for the poor and minorities are discrimi-
natory, also they are disproportionately harsh on the poor and those
living paycheck to paycheck.
 
The unanticipated harms violate constitutional protections including,
due process, equal protection and the Eight Amendment's prohibition of
excessive fines and cruel and unusual punishment. It is recommended that
the fee be capped in the short term at $70 and that Administrative Law
Judges be allowed the discretion to determine whether the termination or
suspension fees be assessed on a case by case basis.

"Suspending defendants' licenses decreases the likelihood that defend-
ants will resolve pending cases and outstanding court debts, both by
jeopardizing their employment and by making it more difficult to travel
to court, and results in more unlicensed driving."
http://reason.com/blog/2016/08/04/virginia-suspends-hundreds-ofthousa
nds.
 
This bill will help halt the vicious cycle of harm to the poor and
minority community.
 
 
LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A05710 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5710
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2017
                                       ___________
 
        Introduced by M. of A. KEARNS -- read once and referred to the Committee
          on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to termination
          of suspension fees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  (i)  of paragraph (j-1) of subdivision 2 of
     2  section 503 of the vehicle and traffic law, as amended by section  3  of
     3  part  PP  of  chapter  59  of  the  laws  of 2009, is amended to read as
     4  follows:
     5    (i) When a license issued pursuant to this article, or a privilege  of
     6  operating  a  motor  vehicle  or  of  obtaining such a license, has been
     7  suspended based upon a failure to  answer  an  appearance  ticket  or  a
     8  summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
     9  ant  to subdivision three of section two hundred twenty-six, subdivision
    10  four of section two hundred twenty-seven, subdivision four-a of  section
    11  five  hundred ten or subdivision five-a of section eighteen hundred nine
    12  of this chapter, such suspension shall remain in effect until a one-time
    13  termination of a suspension fee of a maximum of seventy dollars is  paid
    14  to  the  court or tribunal that initiated the suspension of such license
    15  or privilege. In no event may the aggregate of the fees  imposed  by  an
    16  individual  court  pursuant to this paragraph for the termination of all
    17  suspensions that may be terminated as a result of  a  person's  answers,
    18  appearances  or payments made in such cases pending before such individ-
    19  ual court exceed [four hundred] seventy dollars.  For  the  purposes  of
    20  this  paragraph,  the  various  locations of the administrative tribunal
    21  established under article two-A of this chapter shall be  considered  an
    22  individual court.
    23    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09790-01-7