Res. No. 210
Title
Resolution calling on the New York State Legislature to pass and the Governor to sign, legislation to amend the Domestic Relations Law and the Family Court Act to prevent the Division of Child Support Enforcement from suspending driving privileges for individuals who need a functioning New York State driver's license in order to earn a living.
Body
By Council Member Eugene
Whereas, Pursuant to New York State law, a child support enforcement unit, which in New York city is administered by the Human Resources Administration, or a family court judge may order the Department of Motor Vehicles to suspend an individual's driving privileges if the individual owes child support arrears equivalent to or greater than the amount of support past due for a period of four months; and
Whereas, Additionally pursuant to New York State law, the suspension of driving privileges cannot be applied to individuals who are receiving public assistance or supplemental security income, or low-income individuals whose income falls below the self-support reserve amount; and
Whereas, Individuals whose driving privileges are suspended may apply to the Department of Motor Vehicles for a restricted use license which enables an individual with a suspended license to drive to and from their employment, school or necessary medical appointments; and
Whereas, However, restricted use licenses are not available for the operation of commercial or for-hire vehicles such as a taxicab, livery, coach, limousine, van or wheelchair accessible van or tow truck; and
Whereas, In addition to the suspension of a driver's license, child support arrears may be collected by a child support enforcement unit through income executions, unemployment insurance benefits executions, income tax refund interceptions, reports to credit bureaus, lottery winnings interceptions, property executions, passport denials, liens, and referrals to the New York State Department of Taxation and Finance; an...
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