Relates to the enforcement of support through the suspension of driving privileges

BILL NUMBER:S5750

Title of bill

An act to amend subdivision 19 of section 246 of chapter 81 of the laws of 1995, amending the vehicle and traffic law and other laws relating to the enforcement of support through the suspension of driving privileges, in relation to the effectiveness thereof

Purpose of the Bill:

This bill would extend the driver's license suspension process, one of the most effective enforcement tools for child support collections in New York State.

Summary of Provisions:

Section one of the bill would amend subdivision 19 of § 246 of Chapter 81 of the Laws of 1995 to extend the driver's license suspension process from June 30, 2015 to August 31, 2017.

Section two of the bill would provide for an immediate effective date and would be deemed to have been in full force and effect on and after June 30, 2015.

Existing Law:

Subdivision 19 of § 246 of Chapter 81 of the Laws of 1995 contains the sunset provision for the child support driver's license suspension laws. The provision currently expires on June 30, 2015.

Prior Legislative History:

This provision was last extended by Chapter 87 of the Laws of 2013 from June 30, 2013 to June 30, 2015.

Statement in Support:

This bill would extend a highly successful enforcement process, the driver's license suspension process. Under the driver's license suspension process, an administrative mechanism is used to: (1) identify parents who fail to pay child support and who have driver's licenses; and (2) notify such persons that their driver's licenses will be suspended unless they make their child support payments. Federal law at 42 United States Code § 666 (a) (16) requires that each State must have a driver's license suspension process in place in order to improve the effectiveness of child support enforcement New York's administrative process satisfies this federal requirement and accounts for substantial collections each year. The loss of this successful enforcement tool would have a considerable impact on child support collections and on families in New York State.

Budget Implications:

Extending the sunset provision for the support collection unit's (SCU's) authority to administer a driver's license suspension process would prevent the annual loss of significant child support collections

from this successful enforcement process. The driver's license suspension process accounts for child support collections of up to as much as $10 million annually Additionally, the discontinuance of the driver's license suspension process would result in the loss a powerful deterrent for the non-payment of child support obligations.

Local Impact:

This bill would not result in an increased administrative burden on SCUs or the State. The SCUs and the State currently apply the statutory authority for the enforcement of support through the suspension of driving privileges, and they would not need to modify their programs or procedures if this bill were passed However, if the law sunsets, SCUs would have to initiate court actions to request the suspension of driving privileges, which would result in an unfunded mandate to the SSDs, as it would increase their administrative responsibilities and, therefore, administrative costs.

Effective Date:

The bill bill would be effective immediately upon enactment and would be deemed to have been in full force and effect on and after June 30, 2015.