Senate Bill S1147

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1147
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05974-01-7

              

 S. 1147                             2
 
   §  2. Subdivision 1 of section 193 of the labor law, as added by chap-
 ter 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.
   §  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.