senate Bill S1519

Relates to restrictions on commercial driver's licenses

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 29 / Jan / 2013
    • 1ST REPORT CAL.18
  • 04 / Feb / 2013
    • 2ND REPORT CAL.
  • 05 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 11 / Feb / 2013
    • PASSED SENATE
  • 11 / Feb / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Feb / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 25 / Mar / 2014
    • 1ST REPORT CAL.348
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 28 / Apr / 2014
    • PASSED SENATE
  • 28 / Apr / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / Apr / 2014
    • REFERRED TO TRANSPORTATION

Summary

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

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Bill Details

See Assembly Version of this Bill:
A9660
Versions:
S1519
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง509-c, 509-cc & 510-a, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
S4272B, S4272B

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1519

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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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