Actions

Meetings

Transportation: Jan 23, 2012

Calendars

Active List: Jun 15, 2011 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Jan 31, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011

Votes

Memo

BILL NUMBER:S4272A

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to restrictions on commercial driver's licenses

PURPOSE: This legislation would place a restriction on renewing or issuing a commercial driver's license to operate a school bus or passenger bus to any individual convicted of a crime requiring registration as a sex offender.

SUMMARY OF PROVISIONS: The Vehicle and Traffic Law is amended to prohibit the Commissioner of the Department of Motor Vehicles from issuing or renewing a commercial driver's license to operate a passenger or school bus to any individual who is required to register as a sex offender under article six-C of the correction law.

JUSTIFICATION: Registered sex offenders should not be granted commercial driver's licenses to operate a school bus or a passenger bus. Individuals who hold a commercial drivers license to operate bus will come in contact with vulnerable individuals and allows the registered sex offender a greater ability to have incidents of recidivism.

This legislation would prohibit sex offenders from holding a commercial drivers license to operate a passenger or school bus and will provide a greater level of protection to the public from these individuals.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

Text

STATE OF NEW YORK
________________________________________________________________________

4272--A
Cal. No. 604

2011-2012 Regular Sessions

IN SENATE

March 25, 2011
___________

Introduced  by Sens. MARCELLINO, LARKIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion  --  reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to restrictions
  on commercial driver's licenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 1 of section 509-c of the vehicle and  traffic
law is amended by adding a new paragraph (h) to read as follows:
  (H)  PERMANENTLY,  IF  THAT  PERSON  WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S 2. Subdivision 2 of section 509-c of the vehicle and traffic law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  PERMANENTLY,  IF  THAT  PERSON  WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S 3. Paragraph (a) of subdivision 1 of section 509-cc of  the  vehicle
and  traffic law is amended by adding a new subparagraph (iv) to read as
follows:
  (IV) HAS BEEN CONVICTED OF  A  VIOLATION  THAT  REQUIRES  REGISTRATION
UNDER ARTICLE SIX-C OF THE CORRECTION LAW; OR
  S 4. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  PERMANENTLY,  IF  THAT PERSON WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  S 5. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended by section 13 of part E of chapter 60 of the laws  of  2005,  is
amended to read as follows:
  1.   Revocation. A commercial driver's license shall be revoked by the
commissioner whenever the holder is convicted within or outside of  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10517-02-1
S. 4272--A                          2

state  (a)  of  a  felony  involving the use of a motor vehicle except a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in  section  one hundred fourteen-a of this chapter or possession of any
such drug with intent to manufacture, distribute or dispense  such  drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial  motor  vehicle,  the  driver's  commercial
driver's  license  is  revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor vehicle; (e) or has  been
convicted  of  causing  a  fatality through the negligent operation of a
commercial motor vehicle, including but not limited  to  the  crimes  of
vehicular  manslaughter  or  criminally  negligent  homicide; (F) OF ANY
VIOLATION  THAT  REQUIRES  REGISTRATION  UNDER  ARTICLE  SIX-C  OF   THE
CORRECTION  LAW  AND  WHERE  SUCH COMMERCIAL DRIVER'S LICENSE IS FOR THE
PURPOSE OF DRIVING ANY BUS, AS SUCH  TERM  IS  DEFINED  IN  SECTION  ONE
HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER.
  S 6. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended  by  section  4 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
  1. Revocation. A commercial driver's license shall be revoked  by  the
commissioner  whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of  a  motor  vehicle  except  a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in  section  one hundred fourteen-a of this chapter or possession of any
such drug with intent to manufacture, distribute or dispense  such  drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial  motor  vehicle,  the  driver's  commercial
driver's  license  is  revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor  vehicle;  (e)  has  been
convicted  of  causing  a  fatality through the negligent operation of a
commercial motor vehicle, including but not limited  to  the  crimes  of
vehicular  manslaughter  or  criminally negligent homicide; [or] (f) the
commissioner determines that the  holder  has  made  a  false  statement
regarding  information: (i) required by the federal motor carrier safety
improvement act of 1999 and Subpart J of Part 383 of  title  49  of  the
code  of  federal  regulations relating to a commercial driver's license
document in an application  for  a  commercial  driver's  license;  (ii)
required by the federal motor carrier safety improvement act of 1999 and
Part  383.71  (a) and (g) of title 49 of the code of federal regulations
relating to an initial commercial driver's license or  existing  commer-
cial  driver's  license  holder's self-certification in any of the self-
certifications regarding the type of driving engaged or to be engaged in
by the holder or regarding the non-applicability to the  holder  of  the
physical  qualification requirements of the federal motor carrier safety
improvement act of 1999 and Part 391 of title 49 of the code of  federal
regulations  relating to qualifications of drivers; or (iii) required by
the federal motor carrier  safety  improvement  act  of  1999  and  Part
383.71(h)  of  title  49  of the code of federal regulations relating to
commercial driver's license requirements in any medical certificate;  OR
(G)  OF  ANY VIOLATION THAT REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF
S. 4272--A                          3

THE CORRECTION LAW AND WHERE SUCH COMMERCIAL DRIVER'S LICENSE IS FOR THE
PURPOSE OF DRIVING ANY BUS, AS SUCH  TERM  IS  DEFINED  IN  SECTION  ONE
HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER.
  S 7. This act shall take effect on the one hundred twentieth day after
it  shall have become a law; provided, however, that section six of this
act shall take effect on the same date and in the same manner as section
5 of part CC of chapter 58 of the laws of 2011, takes effect;  provided,
further,  that  effective  immediately,  the  addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on  its  effective date is authorized to be made on or before
such effective date.