Bill Text: NY S04272 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 4272 (Prior Session Legislation)

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: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2012-02-14 - referred to transportation [S04272 Detail]

Download: New_York-2011-S04272-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4272
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 25, 2011
                                      ___________
       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 5 of section 502 of the vehicle and traffic law
    2  is amended by adding a new paragraph (d) to read as follows:
    3    (D)  THE COMMISSIONER SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE TO
    4  A PERSON WHILE SUCH PERSON IS REQUIRED TO REGISTER UNDER  ARTICLE  SIX-C
    5  OF THE CORRECTION LAW WHEN SUCH COMMERCIAL DRIVER'S LICENSE SHALL BE FOR
    6  THE  PURPOSE  OF DRIVING ANY BUS, AS SUCH TERM IS DEFINED IN SECTION ONE
    7  HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
    8  HUNDRED FORTY-TWO OF THIS CHAPTER.
    9    S 2. Subdivision 1 of section 509-c of the vehicle and traffic law  is
   10  amended by adding a new paragraph (h) to read as follows:
   11    (H)  PERMANENTLY,  IF  THAT  PERSON  WAS CONVICTED OF A VIOLATION THAT
   12  REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
   13    S 3. Subdivision 2 of section 509-c of the vehicle and traffic law  is
   14  amended by adding a new paragraph (h) to read as follows:
   15    (H)  PERMANENTLY,  IF  THAT  PERSON  WAS CONVICTED OF A VIOLATION THAT
   16  REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
   17    S 4. Paragraph (a) of subdivision 1 of section 509-cc of  the  vehicle
   18  and  traffic law is amended by adding a new subparagraph (iv) to read as
   19  follows:
   20    (IV) HAS BEEN CONVICTED OF  A  VIOLATION  THAT  REQUIRES  REGISTRATION
   21  UNDER ARTICLE SIX-C OF THE CORRECTION LAW; OR
   22    S 5. Subdivision 2 of section 509-cc of the vehicle and traffic law is
   23  amended by adding a new paragraph (b-1) to read as follows:
   24    (B-1)  PERMANENTLY,  IF  THAT PERSON WAS CONVICTED OF A VIOLATION THAT
   25  REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10517-01-1
       S. 4272                             2
    1    S 6. Subdivision 1 of section 510-a of the vehicle and traffic law, as
    2  amended by section 13 of part E of chapter 60 of the laws  of  2005,  is
    3  amended to read as follows:
    4    1.   Revocation. A commercial driver's license shall be revoked by the
    5  commissioner whenever the holder is convicted within or outside of  this
    6  state  (a)  of  a  felony  involving the use of a motor vehicle except a
    7  felony as described in paragraph (b) of this subdivision; (b) of a felo-
    8  ny involving manufacturing, distributing or dispensing a drug as defined
    9  in section one hundred fourteen-a of this chapter or possession  of  any
   10  such  drug  with intent to manufacture, distribute or dispense such drug
   11  in which a motor vehicle was used; (c) of a violation of subdivision one
   12  or two of section six hundred  of  this  chapter;  (d)  of  operating  a
   13  commercial motor vehicle when, as a result of prior violations committed
   14  while  operating  a  commercial  motor  vehicle, the driver's commercial
   15  driver's license is revoked, suspended, or canceled, or  the  driver  is
   16  disqualified  from operating a commercial motor vehicle; (e) or has been
   17  convicted of causing a fatality through the  negligent  operation  of  a
   18  commercial  motor  vehicle,  including  but not limited to the crimes of
   19  vehicular manslaughter or criminally  negligent  homicide;  (F)  OF  ANY
   20  VIOLATION   THAT  REQUIRES  REGISTRATION  UNDER  ARTICLE  SIX-C  OF  THE
   21  CORRECTION LAW AND WHERE SUCH COMMERCIAL DRIVER'S  LICENSE  IS  FOR  THE
   22  PURPOSE  OF  DRIVING  ANY  BUS,  AS  SUCH TERM IS DEFINED IN SECTION ONE
   23  HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
   24  HUNDRED FORTY-TWO OF THIS CHAPTER.
   25    S 7. This act shall take effect on the one hundred twentieth day after
   26  it shall have become a law; provided, however, that effective immediate-
   27  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   28  necessary  for  the  implementation of this act on its effective date is
   29  authorized and directed to be made  and  completed  on  or  before  such
   30  effective date.