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S947Senate2017-2018 SessionSame asA6374

Waive Fees for Deployed Veterans

Official title

“Relates to veteran suspended licenses”

Sponsor Thomas CrociSD-3+4 co-sponsorsAffects Transportation
Status
In Senate Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill allows military service members to have license suspensions or convictions vacated if imposed during active duty outside New York.

Why it matters

  1. Reduces unintended penalties for active duty military. The bill acknowledges that service members may miss court dates or administrative deadlines due to required service outside New York, preventing their licenses from being suspended or convictions from being entered solely because of their absence.

  2. Protects from financial and legal consequences. By vacating suspensions and convictions without cost, fee, fine, or penalty, the bill prevents service members from incurring debts, insurance hikes, or criminal records due to circumstances beyond their control.

  3. Balances public safety and fairness. The legislation allows the state to reimpose suspensions or refile charges after service members return, ensuring that unresolved legal issues can still be addressed, but only once the individual is able to participate in their own defense.

  4. Defines clear limits and exceptions. The relief does not apply if the suspension or conviction was imposed as a result of a court order from a proceeding the service member attended before their active duty began, preventing abuse and focusing the benefit on those genuinely disadvantaged by their service obligations.

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Who cares

Headline styles

Waive Fees for Deployed Veterans

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas Croci

Senator · Senate District 3

Chair, Veterans, Homeland Security And Military Affairs

History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6374Assembly

Erase Fines for Deployed Veterans

In Assembly Committee · Transportation · Sponsor Michael DenDekker

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

947

2017-2018 Regular Sessions

IN SENATE

January 5, 2017

Introduced by Sens. CROCI, GALLIVAN, LARKIN, ORTT -- 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 Assembly, 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00542-01-7

S. 947 2

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 including a violation observed by a traffic-control signal photo violation-monitoring device or a photo speed violation monitoring system, 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.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 the drivers license and vehicle registration 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 re-filing.

Summary of provisions

Specifically, this bill would amend 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 re-filing 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 speed monitoring devices) of such military service personnel while on active duty, without prejudice for re-filing after sixty days.

Justification

Presently, pursuant to the Service Members 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 Service Members 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.