Bill Text: NY S04063 | 2013-2014 | 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: (Engrossed - Dead) 2014-06-18 - referred to labor [S04063 Detail]

Download: New_York-2013-S04063-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4063
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 6, 2013
                                      ___________
       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  TIME-
   13  ING,  FREQUENCY,  DURATION,  AND METHOD OF SUCH RECOVERY; LIMITATIONS ON
   14  THE PERIODIC AMOUNT OF SUCH  RECOVERY;  A  REQUIREMENT  THAT  NOTICE  BE
   15  PROVIDED  TO  THE EMPLOYEE PRIOR TO THE COMMENCEMENT OF SUCH RECOVERY; A
   16  REQUIREMENT THAT THE EMPLOYER IMPLEMENT A PROCEDURE  FOR  DISPUTING  THE
   17  AMOUNT  OF  SUCH FINE OR SEEKING TO DELAY COMMENCEMENT OF SUCH RECOVERY;
   18  THE TERMS AND CONTENT OF SUCH A PROCEDURE AND A REQUIREMENT THAT  NOTICE
   19  OF  THE  PROCEDURE  FOR  DISPUTING THE AMOUNT OF SUCH FINE OR SEEKING TO
   20  DELAY COMMENCEMENT OF SUCH RECOVERY BE PROVIDED TO THE EMPLOYEE PRIOR TO
   21  THE COMMENCEMENT OF SUCH RECOVERY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09249-01-3
       S. 4063                             2
    1    S 2. Subdivision 1 of section 193 of the  labor  law,  as  amended  by
    2  chapter  548 of the laws of 1966, is amended by adding a new paragraph c
    3  to 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    S  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.