S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6953--A
     Cal. No. 214
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             November 27, 2017
                                ___________
 
 Introduced  by Sens. KLEIN, ALCANTARA, AVELLA, HAMILTON, PERALTA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Rules -- recommitted to the Committee on Transportation
   in accordance with Senate Rule 6, sec. 8 --  reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the vehicle and traffic law, in relation to civil penal-
   ties imposed upon motor carriers for knowingly or negligently  failing
   to comply with provisions relating to bus drivers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (e) of section 509-j of the vehicle and traffic
 law, as amended by chapter 424 of the laws of 2000, is amended  to  read
 as follows:
   (e)  The commissioner or any person deputized by the commissioner, may
 require any motor carrier to pay to the people of  this  state  a  civil
 penalty,  if after the motor carrier has had an opportunity to be heard,
 the commissioner finds that the motor carrier has violated any provision
 of this article or regulations promulgated [therein]  PURSUANT  THERETO,
 or has made any false statement or misrepresentation on any affidavit of
 compliance  filed with the commissioner or with respect to violations of
 paragraphs (i) and (ii) of subdivision one, paragraphs (a)  and  (b)  of
 subdivision  two,  and subdivisions three, four and five of section five
 hundred nine-d, section five hundred nine-g, section five hundred nine-h
 and subdivision two of section five hundred nine-l of this  article  the
 commissioner  may  in  lieu of or in addition to a civil penalty suspend
 all of a motor carrier's registrations.
   (1) Any civil penalty assessed for a first violation shall not be less
 than five hundred dollars nor greater than  two  thousand  five  hundred
 dollars  for  each violation, false statement or representation found to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13539-03-8

 S. 6953--A                          2
 
 have been made or committed, and for a second or  subsequent  violation,
 not arising out of the same incident, all of which were committed within
 a period of eighteen months, shall not be less than five hundred dollars
 nor  greater than five thousand dollars for each violation, false state-
 ment or representation found to have been made or committed.
   (2) ANY PENALTY ASSESSED FOR A FIRST VIOLATION BY A MOTOR CARRIER  FOR
 KNOWINGLY  OR NEGLIGENTLY FAILING TO NOTIFY THE COMMISSIONER AS REQUIRED
 UNDER SECTION FIVE HUNDRED NINE-D OF THIS ARTICLE AND THE BUS DRIVER HAS
 PREVIOUSLY BEEN FOUND TO  HAVE  REFUSED  A  CHEMICAL  TEST  PURSUANT  TO
 SECTION  ELEVEN  HUNDRED  NINETY-FOUR  OF  THIS  CHAPTER  OR HAS A PRIOR
 CONVICTION OF ANY OF THE FOLLOWING OFFENSES: ANY  VIOLATION  OF  SECTION
 ELEVEN  HUNDRED NINETY-TWO OF THIS CHAPTER, ANY VIOLATION OF SUBDIVISION
 ONE OR TWO OF SECTION SIX HUNDRED OF  THIS  CHAPTER,  ANY  VIOLATION  OF
 SECTION  TWELVE  HUNDRED TWELVE OF THIS CHAPTER, OR ANY FELONY INVOLVING
 THE USE OF A MOTOR VEHICLE, SHALL NOT BE LESS THAN ONE THOUSAND  DOLLARS
 NOR  GREATER  THAN  FIVE  THOUSAND DOLLARS FOR EACH VIOLATION, AND FOR A
 SECOND OR SUBSEQUENT VIOLATION, NOT ARISING OUT OF  THE  SAME  INCIDENT,
 ALL  OF  WHICH  WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SHALL
 NOT BE LESS THAN ONE THOUSAND DOLLARS  NOR  GREATER  THAN  TEN  THOUSAND
 DOLLARS FOR EACH VIOLATION.
   (3)  ANY PENALTY ASSESSED FOR A FIRST VIOLATION BY A MOTOR CARRIER FOR
 KNOWINGLY OR NEGLIGENTLY FAILING TO NOTIFY THE COMMISSIONER AS  REQUIRED
 UNDER  SECTION  FIVE HUNDRED NINE-D OF THIS ARTICLE WHERE THE BUS DRIVER
 HAS PREVIOUSLY BEEN FOUND TO HAVE REFUSED A CHEMICAL  TEST  PURSUANT  TO
 SECTION  ELEVEN  HUNDRED  NINETY-FOUR  OF  THIS  CHAPTER  OR HAS A PRIOR
 CONVICTION OF ANY OF THE FOLLOWING OFFENSES: ANY  VIOLATION  OF  SECTION
 ELEVEN  HUNDRED NINETY-TWO OF THIS CHAPTER, ANY VIOLATION OF SUBDIVISION
 ONE OR TWO OF SECTION SIX HUNDRED OF  THIS  CHAPTER,  ANY  VIOLATION  OF
 SECTION  TWELVE  HUNDRED TWELVE OF THIS CHAPTER, OR ANY FELONY INVOLVING
 THE USE OF A MOTOR VEHICLE, AND SUCH BUS DRIVER CAUSES  PERSONAL  INJURY
 OR  DEATH TO ANOTHER PERSON DUE TO AN INCIDENT INVOLVING THE MOTOR VEHI-
 CLE OPERATED BY SUCH PERSON, SHALL NOT BE LESS THAN  ONE  THOUSAND  FIVE
 HUNDRED DOLLARS NOR GREATER THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR
 EACH  VIOLATION,  AND  FOR A SECOND OR SUBSEQUENT VIOLATION, NOT ARISING
 OUT OF THE SAME INCIDENT, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF
 EIGHTEEN MONTHS, SHALL NOT  BE  LESS  THAN  ONE  THOUSAND  FIVE  HUNDRED
 DOLLARS NOR GREATER THAN FIFTEEN THOUSAND DOLLARS FOR EACH VIOLATION.
   If  the  registrant fails to pay such penalty within twenty days after
 the mailing of such order, postage prepaid, certified and  addressed  to
 the  last  known place of business of such registrant, unless such order
 is stayed by an order of a court of competent jurisdiction, the  commis-
 sioner may revoke the vehicle registrations or out of state registration
 privilege of operation in the state of such motor carrier or may suspend
 the  same  for  such  periods  as  the commissioner may determine. Civil
 penalties assessed under this subdivision shall be paid to  the  commis-
 sioner  for  deposit into the state treasury, and unpaid civil penalties
 may be recovered by the commissioner in a civil action in  the  name  of
 the commissioner.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.