Bill Text: NY S01135 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to restrictions on commercial driver's licenses; prohibits the issuance of such licenses to any person required to register as a sex offender.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S01135 Detail]
Download: New_York-2017-S01135-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1135 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ 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: 1 Section 1. Subdivision 1 of section 509-c of the vehicle and traffic 2 law is amended by adding a new paragraph (h) to read as follows: 3 (h) permanently, if that person was convicted of a violation that 4 requires registration under article six-C of the correction law. 5 § 2. Subdivision 2 of section 509-c of the vehicle and traffic law is 6 amended by adding a new paragraph (h) to read as follows: 7 (h) permanently, if that person was convicted of a violation that 8 requires registration under article six-C of the correction law. 9 § 3. Paragraph (b) of subdivision 1 of section 509-cc of the vehicle 10 and traffic law is amended by adding a new subparagraph (vi) to read as 11 follows: 12 (vi) has been convicted of a violation that requires registration 13 under article six-C of the correction law; or 14 § 4. Subdivision 2 of section 509-cc of the vehicle and traffic law is 15 amended by adding a new paragraph (b-1) to read as follows: 16 (b-1) permanently, if that person was convicted of a violation that 17 requires registration under article six-C of the correction law. 18 § 5. Subdivision 1 of section 510-a of the vehicle and traffic law, 19 as amended by section 4 of part CC of chapter 58 of the laws of 2011, is 20 amended to read as follows: 21 1. Revocation. A commercial driver's license shall be revoked by the 22 commissioner whenever the holder is convicted within or outside of this 23 state (a) of a felony involving the use of a motor vehicle except a 24 felony as described in paragraph (b) of this subdivision; (b) of a felo- 25 ny involving manufacturing, distributing or dispensing a drug as defined EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06009-01-7S. 1135 2 1 in section one hundred fourteen-a of this chapter or possession of any 2 such drug with intent to manufacture, distribute or dispense such drug 3 in which a motor vehicle was used; (c) of a violation of subdivision one 4 or two of section six hundred of this chapter; (d) of operating a 5 commercial motor vehicle when, as a result of prior violations committed 6 while operating a commercial motor vehicle, the driver's commercial 7 driver's license is revoked, suspended, or canceled, or the driver is 8 disqualified from operating a commercial motor vehicle; (e) has been 9 convicted of causing a fatality through the negligent operation of a 10 commercial motor vehicle, including but not limited to the crimes of 11 vehicular manslaughter or criminally negligent homicide; [or] (f) the 12 commissioner determines that the holder has made a false statement 13 regarding information: (i) required by the federal motor carrier safety 14 improvement act of 1999 and Subpart J of Part 383 of title 49 of the 15 code of federal regulations relating to a commercial driver's license 16 document in an application for a commercial driver's license; (ii) 17 required by the federal motor carrier safety improvement act of 1999 and 18 Part 383.71 (a) and (g) of title 49 of the code of federal regulations 19 relating to an initial commercial driver's license or existing commer- 20 cial driver's license holder's self-certification in any of the self- 21 certifications regarding the type of driving engaged or to be engaged in 22 by the holder or regarding the non-applicability to the holder of the 23 physical qualification requirements of the federal motor carrier safety 24 improvement act of 1999 and Part 391 of title 49 of the code of federal 25 regulations relating to qualifications of drivers; or (iii) required by 26 the federal motor carrier safety improvement act of 1999 and Part 27 383.71(h) of title 49 of the code of federal regulations relating to 28 commercial driver's license requirements in any medical certificate; or 29 (g) of any violation that requires registration under article six-C of 30 the correction law and where such commercial driver's license is for the 31 purpose of driving any bus, as such term is defined in section one 32 hundred four of this chapter or any school bus as defined in section one 33 hundred forty-two of this chapter. 34 § 6. This act shall take effect on the one hundred twentieth day after 35 it shall have become a law. Effective immediately, the addition, amend- 36 ment and/or repeal of any rule or regulation necessary for the implemen- 37 tation of this act on its effective date is authorized to be made on or 38 before such effective date.
