Bill Text: NY S01147 | 2017-2018 | General Assembly | Introduced

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Bill Title: Allows an employer to recover from an employee, as an owner of a vehicle, the cost of the payment of a fine for a violation recorded by a traffic-control signal photo violation-monitoring device.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S01147 Detail]

Download: New_York-2017-S01147-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1147
                               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 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:
     1    Section 1. Subdivision 1 of section 193 of the labor law,  as  amended
     2  by chapter 451 of the laws of 2012, is amended by adding a new paragraph
     3  e to read as follows:
     4    e.  are related to the recovery of the cost of a payment of a fine for
     5  which the employer of such employee, as  the  owner  of  a  vehicle,  is
     6  liable,  pursuant to article twenty-four of the vehicle and traffic law,
     7  for failure to comply with a traffic control signal  as  recorded  by  a
     8  traffic-control signal photo violation-monitoring device, and the driver
     9  of  the vehicle at the time such violation was recorded was such employ-
    10  ee. In making such recovery, the employer shall comply with  regulations
    11  promulgated  by  the  commissioner  for  this purpose, which regulations
    12  shall include, but not be limited to, provisions governing:  the timing,
    13  frequency, duration, and method of such  recovery;  limitations  on  the
    14  periodic  amount of such recovery; a requirement that notice be provided
    15  to the employee prior to the commencement of such recovery;  a  require-
    16  ment that the employer implement a procedure for disputing the amount of
    17  such  fine  or seeking to delay commencement of such recovery; the terms
    18  and content of such a procedure and a requirement  that  notice  of  the
    19  procedure  for  disputing  the  amount  of such fine or seeking to delay
    20  commencement of such recovery be provided to the employee prior  to  the
    21  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
     1    §  2. Subdivision 1 of section 193 of the labor law, as added by chap-
     2  ter 548 of the laws of 1966, is amended by adding a new paragraph  c  to
     3  read as follows:
     4    c.  are related to the recovery of the cost of a payment of a fine for
     5  which the employer of such employee, as  the  owner  of  a  vehicle,  is
     6  liable,  pursuant to article twenty-four of the vehicle and traffic law,
     7  for failure to comply with a traffic control signal  as  recorded  by  a
     8  traffic-control signal photo violation-monitoring device, and the driver
     9  of  the vehicle at the time such violation was recorded was such employ-
    10  ee. In making such recovery, the employer shall comply with  regulations
    11  promulgated  by  the  commissioner  for  this purpose, which regulations
    12  shall include, but not be limited to, provisions governing:  the timing,
    13  frequency, duration, and method of such  recovery;  limitations  on  the
    14  periodic  amount of such recovery; a requirement that notice be provided
    15  to the employee prior to the commencement of such recovery;  a  require-
    16  ment that the employer implement a procedure for disputing the amount of
    17  such  fine  or seeking to delay commencement of such recovery; the terms
    18  and content of such a procedure and a requirement  that  notice  of  the
    19  procedure  for  disputing  the  amount  of such fine or seeking to delay
    20  commencement of such recovery be provided to the employee prior  to  the
    21  commencement of such recovery.
    22    §  3.  This  act  shall take effect on the sixtieth day after it shall
    23  have become a law, provided that:
    24    1. the amendments to subdivision 1 of section 193  of  the  labor  law
    25  made  by  section one of this act shall be subject to the expiration and
    26  reversion of such subdivision pursuant to section 3 of  chapter  451  of
    27  the  laws  of  2012,  as  amended, when upon such date the provisions of
    28  section two of this act shall take effect; and
    29    2. effective immediately, the addition, amendment and/or repeal of any
    30  rule or regulation necessary for the implementation of this act  on  its
    31  effective  date is authorized to be made and completed on or before such
    32  date.