Bill S6821-2013

Relates to veteran suspended licenses

Relates to veteran suspended licenses.

Details

Actions

  • Jun 2, 2014: referred to transportation
  • Jun 2, 2014: DELIVERED TO ASSEMBLY
  • Jun 2, 2014: PASSED SENATE
  • May 12, 2014: ADVANCED TO THIRD READING
  • May 7, 2014: 2ND REPORT CAL.
  • May 6, 2014: 1ST REPORT CAL.517
  • Mar 13, 2014: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - May 6, 2014
Ayes (19): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Avella, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

Memo

BILL NUMBER:S6821

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to veteran suspended licenses

PURPOSE: This bill would provide a sixty day stay of suspension and revocation of licenses and registrations of military service personnel while on active duty, and would additionally reverse in absentia convictions of vehicle and traffic violations of such military service personnel while on active duty, without prejudice for refiling.

SUMMARY OF PROVISIONS: Specifically, this bill would amend section 503 of the vehicle and traffic law to:

1. Provide a sixty day stay of suspension and revocation of licenses and registrations of military service personnel (including Army, Navy, Air Force, Marines, Coast Guard, Army Reserve, Naval Reserve, Marine Reserve, Air Force Reserve, National Guard, New York Army National Guard, New York Air National Guard, New York Guard or Naval Militia) while on active duty;

2. Provide for the reversal and vacating of in absentia convictions of vehicle and traffic violations of such military personnel while on active duty, without prejudice for refiling after sixty days; and

3. Provide for the reversal and vacating of in absentia convictions of administrative violations (as observed by red light cameras and for EZ Pass) of such military service personnel while on active duty, without prejudice for refiling after sixty days.

JUSTIFICATION: Presently, pursuant to the Servicemembers Civil Relief Act, military personnel called to active duty cannot be convicted or found liable in court proceedings, during the course of their active duty. Some jurisdictions have argued, however, that in order for these protections to apply, with respect to vehicle and traffic matters, that these military service members must notify the Commissioner of Motor Vehicles, prior to their deployment, to avoid such suspension, revocations or convictions. This bill would clarify this requirement, to provide that when such military service member has been called to active duty, and upon return learns that such a suspension, revocation or conviction has occurred, that such will be vacated and reversed, for not less than sixty days.

The basis for the Servicemembers Civil Relief Act, is that a service member called to active duty outside the state cannot avail themselves of their rights to defend actions brought against them during the pendency of their active duty service. Accordingly, this bill would extend the basis of such guarantees, deserved and earned by veterans concerning vehicle and traffic matters. It would allow returning veterans to have not less than sixty days upon their return home from active duty military service to address the reasons for the suspension, revocation or conviction.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None noted

EFFECTIVE DATE: This bill would take effect on the first day of November after it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6821 IN SENATE March 13, 2014 ___________
Introduced by Sens. ZELDIN, BONACIC, GRISANTI, LARKIN, MARTINS, SEWARD -- 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 veteran suspended licenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 503 of the vehicle and traffic law, as amended by chapter 548 of the laws of 1986, is amended to read as follows: 3. Waiver of fee. (A) The commissioner may waive the payment of fees required by subdivision two of this section if the applicant: (i) is an inmate in an institution under the jurisdiction of a state department or agency, or (ii) is a victim of crime and the driver's license or learner's permit applied for is a replacement for one that was lost or destroyed as a result of the crime. (B) A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NAVAL MILITIA OR STATE GUARD, WHOSE LICENSE OR REGISTRATION IS SUSPENDED OR REVOKED DURING THE PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL, UPON THE SUBMISSION OF PROOF OF SUCH ACTIVE SERVICE TO THE COMMISSIONER, BE LIFTED AND VACATED UPON ORDER OF THE COMMISSIONER, WITHOUT COST, FEE, FINE, OR PENALTY. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE COMMISSIONER MAY IMPOSE A NEW SUSPENSION OF SUCH SERVICE MEMBER'S DRIVER'S LICENSE OR REGISTRATION, AFTER SIXTY DAYS OF THE RETURN OF THE SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER SIXTY DAYS OF THE LIFTING OR VACATING OF THE SUSPENSION OR REVOCATION, WHICHEVER IS LATER, IF THE REASON UPON WHICH THE LICENSE OR REGISTRATION WAS ORIGINALLY SUSPENDED, HAS NOT BEEN RESOLVED. PRIOR TO THE ISSUANCE OF THE NEW SUSPENSION OR REVOCATION, THE COMMISSIONER SHALL NOTIFY THE SERVICE MEMBER NOT LESS THAN THIRTY DAYS BEFORE SUCH NEW SUSPENSION OR REVOCATION WOULD TAKE EFFECT. NO SUSPENSION OR REVOCATION OF A LICENSE
OF A SERVICE MEMBER SHALL BE LIFTED OR VACATED IN ACCORDANCE WITH THIS SUBDIVISION, IF SUCH SUSPENSION OR REVOCATION WAS IMPOSED AS A RESULT OF A COURT ORDER ISSUED PRIOR TO THE DATE OF THE SERVICE MEMBER'S ACTIVE DUTY, IN A PROCEEDING IN WHICH THE SERVICE MEMBER PERSONALLY APPEARED. (C) ANY ACTION OR PROCEEDING RESULTING IN THE CONVICTION IN ABSENTIA OF A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NAVAL MILITIA OR STATE GUARD, FOR A VIOLATION OF THE VEHICLE AND TRAFFIC LAW, DURING THE PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL, UPON THE SUBMISSION OF PROOF OF SUCH ACTIVE SERVICE TO THE COMMISSIONER, CAUSE THE COMMISSIONER TO NOTIFY THE COURT WHERE THE SERVICE MEMBER WAS CONVICTED, OF THE ACTIVE DUTY SERVICE OF THE SERVICE MEMBER, WHEREUPON SUCH COURT SHALL IMMEDIATELY REVERSE AND VACATE SUCH CONVICTION, WITHOUT COST, FEE, FINE, OR PENALTY, AND NOTIFY THE SERVICE MEMBER OF SUCH ACTION. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE COURT MAY ACCEPT A REFILING OF THE CHARGES UPON WHICH SUCH SERVICE MEMBER WAS ORIGINALLY CONVICTED, WITHOUT PREJUDICE, BY A PROSECUTING AUTHORITY, AFTER SIXTY DAYS OF THE RETURN OF THE SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER SIXTY DAYS OF THE REVERSING OR VACATING OF THE ORIGINAL CONVICTION, WHICHEVER IS LATER. IF THE ORIGINAL CHARGES ARE SO REFILED, THE COURT SHALL NOTIFY THE SERVICE MEMBER NOT LESS THAN THIRTY DAYS BEFORE SUCH CHARGES MUST BE ANSWERED. NO CONVICTION OF A SERVICE MEMBER SHALL BE REVERSED OR VACATED IN ACCORDANCE WITH THIS SUBDIVISION, IF SUCH CONVICTION WAS IMPOSED PRIOR TO THE DATE OF THE SERVICE MEMBER'S ACTIVE DUTY, IN A PROCEEDING IN WHICH THE SERVICE MEMBER PERSONALLY APPEARED. (D) ANY ACTION OR PROCEEDING RESULTING IN THE CONVICTION IN ABSENTIA OF A MILITARY SERVICE MEMBER, INCLUDING A MEMBER OF THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES OR COAST GUARD, OR A MEMBER OF THE NEW YORK ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NAVAL MILITIA OR STATE GUARD, FOR A VIOLATION OF AN ADMINISTRATIVE CODE, INCLUDING A VIOLATION OBSERVED BY RED LIGHT CAMERAS OR THE TERMS AND AGREEMENTS OF AN EZ PASS CONTRACT, DURING THE PENDENCY OF ACTIVE DUTY MILITARY SERVICE OUTSIDE THE STATE, SHALL, UPON THE SUBMISSION OF PROOF OF SUCH ACTIVE SERVICE TO THE COMMISSIONER, CAUSE THE COMMISSIONER TO NOTIFY THE ADMINISTRATIVE ENTITY WHICH DETERMINED SUCH CONVICTION, OF THE ACTIVE DUTY SERVICE OF THE SERVICE MEMBER, WHEREUPON SUCH ADMINISTRATIVE ENTITY SHALL IMME- DIATELY REVERSE AND VACATE SUCH CONVICTION, WITHOUT COST, FEE, FINE, OR PENALTY, AND NOTIFY THE SERVICE MEMBER OF SUCH ACTION. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE ADMINISTRATIVE ENTITY MAY ACCEPT A REFILING OF THE ADMINISTRATIVE CHARGES UPON WHICH SUCH SERVICE MEMBER WAS ORIGINALLY CONVICTED, WITHOUT PREJUDICE, AFTER SIXTY DAYS OF THE RETURN OF THE SERVICE MEMBER FROM SUCH ACTIVE MILITARY SERVICE, OR AFTER SIXTY DAYS OF THE REVERSING OR VACATING OF THE ORIGINAL CONVICTION, WHICHEVER IS LATER. IF THE ORIGINAL CHARGES ARE SO REFILED, THE ADMINIS- TRATIVE ENTITY SHALL NOTIFY THE SERVICE MEMBER NOT LESS THAN THIRTY DAYS BEFORE SUCH CHARGES MUST BE ANSWERED. NO CONVICTION OF A SERVICE MEMBER SHALL BE REVERSED OR VACATED IN ACCORDANCE WITH THIS SUBDIVISION, IF SUCH CONVICTION WAS IMPOSED PRIOR TO THE DATE OF THE SERVICE MEMBER'S ACTIVE DUTY, IN A PROCEEDING IN WHICH THE SERVICE MEMBER PERSONALLY APPEARED. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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