Bill S1519-2013

Relates to restrictions on commercial driver's licenses

Relates to restrictions on commercial driver's licenses; prohibits the issuance of such licenses to any person required to register as a sex offender.

Details

Actions

  • Apr 28, 2014: referred to transportation
  • Apr 28, 2014: DELIVERED TO ASSEMBLY
  • Apr 28, 2014: PASSED SENATE
  • Mar 27, 2014: ADVANCED TO THIRD READING
  • Mar 26, 2014: 2ND REPORT CAL.
  • Mar 25, 2014: 1ST REPORT CAL.348
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Feb 12, 2013: referred to transportation
  • Feb 11, 2013: DELIVERED TO ASSEMBLY
  • Feb 11, 2013: PASSED SENATE
  • Feb 5, 2013: ADVANCED TO THIRD READING
  • Feb 4, 2013: 2ND REPORT CAL.
  • Jan 29, 2013: 1ST REPORT CAL.18
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 29, 2013
Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Kennedy, Squadron, Stavisky, Gipson
Ayes W/R (1): Perkins
VOTE: COMMITTEE VOTE: - Transportation - Mar 25, 2014
Ayes (18): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Avella, Dilan, Diaz, Kennedy, Squadron, Stavisky, Gipson
Ayes W/R (1): Perkins

Memo

BILL NUMBER:S1519

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: S.4272-B of 2011/12; Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after becomming law, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 1519 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MARCELLINO -- 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 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 (b) of subdivision 1 of section 509-cc of the vehicle and traffic law is amended by adding a new subparagraph (vi) to read as follows: (VI) 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 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 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. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that section five 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. Effective immediately, the addition, amendment and/or repeal of any rule or regu- lation necessary for the implementation of this act on its effective date is authorized to be made on or before such effective date.

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