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

                                  4063

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09249-01-3

S. 4063                             2
              

  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.