Bill S4063-2013

Allows an employer to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device

Allows an employer to recover from an employee, as an owner of a vehicle, the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device.

Details

Actions

  • Jun 18, 2014: referred to labor
  • Jun 18, 2014: DELIVERED TO ASSEMBLY
  • Jun 18, 2014: PASSED SENATE
  • Jun 10, 2014: ADVANCED TO THIRD READING
  • Jun 9, 2014: 2ND REPORT CAL.
  • Jun 3, 2014: 1ST REPORT CAL.1191
  • Jan 8, 2014: REFERRED TO LABOR
  • Mar 6, 2013: REFERRED TO LABOR

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Labor - Jun 3, 2014
Ayes (12): Savino, Gallivan, Grisanti, Hannon, Marcellino, Marchione, Martins, Robach, Addabbo, Dilan, Perkins, Rivera
Ayes W/R (3): DeFrancisco, Peralta, Sanders
Absent (1): Ball

Memo

BILL NUMBER:S4063

TITLE OF BILL: An act to amend the labor law, in relation to allowing an employer to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device

PURPOSE: This legislation will allow an employer to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device.

SUMMARY OF PROVISIONS: Amends subdivision 1 of section 193 of the labor law, as amended by Chapter 451 of 2012 and Chapter 548 of 1966 to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device.

JUSTIFICATION: As red light cameras become more common, business owners are faced with an unintentional negative financial impact. A business owner who own and operates a fleet of vehicles is being forced to cover the cost of tickets issues to employees in the official company vehicles. While the tickets are valid, the company should not have to bear the burden for the unsafe actions of the driver. Had a ticket been issued by an officer, the operator would be issued the ticket, not the employer.

This legislation seeks to address this problem by allowing an employer the option to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law provided that: 1. The amendments to subdivision 1 of section 193 of the labor made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 3 of chapter 451 of the laws of 2012, as amended, when upon such date the provisions of section two of this act shall take effect; and 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 and completed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 4063 2013-2014 Regular Sessions IN SENATE March 6, 2013 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to allowing an employer to recover from an employee the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-moni- toring device THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 193 of the labor law, as amended by chapter 451 of the laws of 2012, is amended by adding a new paragraph e to read as follows: E. ARE RELATED TO THE RECOVERY OF THE COST OF A PAYMENT OF A FINE FOR WHICH THE EMPLOYER OF SUCH EMPLOYEE, AS THE OWNER OF A VEHICLE, IS LIABLE, PURSUANT TO ARTICLE TWENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, FOR FAILURE TO COMPLY WITH A TRAFFIC CONTROL SIGNAL AS RECORDED BY A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICE, AND THE DRIVER OF THE VEHICLE AT THE TIME SUCH VIOLATION WAS RECORDED WAS SUCH EMPLOY- EE. IN MAKING SUCH RECOVERY, THE EMPLOYER SHALL COMPLY WITH REGULATIONS PROMULGATED BY THE COMMISSIONER FOR THIS PURPOSE, WHICH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS GOVERNING: THE TIME- ING, FREQUENCY, DURATION, AND METHOD OF SUCH RECOVERY; LIMITATIONS ON THE PERIODIC AMOUNT OF SUCH RECOVERY; A REQUIREMENT THAT NOTICE BE PROVIDED TO THE EMPLOYEE PRIOR TO THE COMMENCEMENT OF SUCH RECOVERY; A REQUIREMENT THAT THE EMPLOYER IMPLEMENT A PROCEDURE FOR DISPUTING THE AMOUNT OF SUCH FINE OR SEEKING TO DELAY COMMENCEMENT OF SUCH RECOVERY; THE TERMS AND CONTENT OF SUCH A PROCEDURE AND A REQUIREMENT THAT NOTICE OF THE PROCEDURE FOR DISPUTING THE AMOUNT OF SUCH FINE OR SEEKING TO DELAY COMMENCEMENT OF SUCH RECOVERY BE PROVIDED TO THE EMPLOYEE PRIOR TO THE COMMENCEMENT OF SUCH RECOVERY.
S 2. Subdivision 1 of section 193 of the labor law, as amended by chapter 548 of the laws of 1966, is amended by adding a new paragraph c to read as follows: C. ARE RELATED TO THE RECOVERY OF THE COST OF A PAYMENT OF A FINE FOR WHICH THE EMPLOYER OF SUCH EMPLOYEE, AS THE OWNER OF A VEHICLE, IS LIABLE, PURSUANT TO ARTICLE TWENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, FOR FAILURE TO COMPLY WITH A TRAFFIC CONTROL SIGNAL AS RECORDED BY A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICE, AND THE DRIVER OF THE VEHICLE AT THE TIME SUCH VIOLATION WAS RECORDED WAS SUCH EMPLOY- EE. IN MAKING SUCH RECOVERY, THE EMPLOYER SHALL COMPLY WITH REGULATIONS PROMULGATED BY THE COMMISSIONER FOR THIS PURPOSE, WHICH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS GOVERNING: THE TIMING, FREQUENCY, DURATION, AND METHOD OF SUCH RECOVERY; LIMITATIONS ON THE PERIODIC AMOUNT OF SUCH RECOVERY; A REQUIREMENT THAT NOTICE BE PROVIDED TO THE EMPLOYEE PRIOR TO THE COMMENCEMENT OF SUCH RECOVERY; A REQUIRE- MENT THAT THE EMPLOYER IMPLEMENT A PROCEDURE FOR DISPUTING THE AMOUNT OF SUCH FINE OR SEEKING TO DELAY COMMENCEMENT OF SUCH RECOVERY; THE TERMS AND CONTENT OF SUCH A PROCEDURE AND A REQUIREMENT THAT NOTICE OF THE PROCEDURE FOR DISPUTING THE AMOUNT OF SUCH FINE OR SEEKING TO DELAY COMMENCEMENT OF SUCH RECOVERY BE PROVIDED TO THE EMPLOYEE PRIOR TO THE COMMENCEMENT OF SUCH RECOVERY. S 3. This act shall take effect on the sixtieth day after it shall have become a law, provided that: 1. the amendments to subdivision 1 of section 193 of the labor law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 3 of chapter 451 of the laws of 2012, as amended, when upon such date the provisions of section two of this act shall take effect; and 2. 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 and completed on or before such date.

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