S1519-2013 Actions

• 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

S1519-2013 Meetings

S1519-2013 Calendars

S1519-2013 Votes

S1519-2013 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.

S1519-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1519
 2013-2014 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03288-01-3
 
       S. 1519                             2
 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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