S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10208

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
  tee on Transportation

AN  ACT  to  amend  the  vehicle  and  traffic law and the penal 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:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 501-c to read as follows:
  S 501-C. COMMERCIAL DRIVER'S LICENSE RESTRICTIONS. 1.  THE  DEPARTMENT
SHALL  NOT  ISSUE  OR  RENEW A COMMERCIAL DRIVER'S LICENSE TO ANY PERSON
REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  2. THE DEPARTMENT SHALL NOT ISSUE A COMMERCIAL DRIVER LEARNER'S PERMIT
TO ANY PERSON REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE CORRECTION
LAW.
  3. A PERSON WHO IS CONVICTED OF A VIOLATION THAT REQUIRES REGISTRATION
UNDER ARTICLE SIX-C OF THE CORRECTION LAW IS DISQUALIFIED FROM DRIVING A
COMMERCIAL MOTOR VEHICLE FOR THE PERIOD OF TIME DURING WHICH THE  PERSON
IS  REQUIRED  TO  MAINTAIN  REGISTRATION  UNDER  ARTICLE  SIX-C  OF  THE
CORRECTION LAW.
  4. A PERSON WHO DRIVES A COMMERCIAL VEHICLE OR SCHOOL BUS AND WHO DOES
NOT HAVE A COMMERCIAL DRIVER'S LICENSE BECAUSE THE PERSON WAS  CONVICTED
OF  A  VIOLATION  THAT  REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE
CORRECTION LAW SHALL BE PUNISHED AS PROVIDED IN SUBDIVISION SIX OF  THIS
SECTION.
  5.  THE DEPARTMENT SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE TO AN
APPLICANT UNTIL THE DEPARTMENT HAS SEARCHED BOTH THE STATEWIDE  REGISTRY
AND THE NATIONAL SEX OFFENDER PUBLIC REGISTRY TO DETERMINE IF THE PERSON
IS CURRENTLY REGISTERED AS A SEX OFFENDER IN NEW YORK OR ANOTHER STATE.
  A.  IF THE DEPARTMENT FINDS THAT THE PERSON IS CURRENTLY REGISTERED AS
A SEX OFFENDER IN EITHER NEW YORK OR ANOTHER STATE, THE  DEPARTMENT,  IN
COMPLIANCE  WITH  THIS  SECTION,  SHALL  NOT ISSUE A COMMERCIAL DRIVER'S
LICENSE TO THE APPLICANT.
  B. IF THE DEPARTMENT IS UNABLE TO ACCESS EITHER THE STATEWIDE REGISTRY
OR ALL OF THE STATES' INFORMATION CONTAINED IN THE NATIONAL SEX OFFENDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15214-04-0

A. 10208                            2

PUBLIC REGISTRY, BUT THE PERSON  IS  OTHERWISE  QUALIFIED  TO  OBTAIN  A
COMMERCIAL DRIVER'S LICENSE, THEN THE DEPARTMENT SHALL ISSUE THE COMMER-
CIAL  DRIVER'S  LICENSE  BUT  SHALL  FIRST REQUIRE THE PERSON TO SIGN AN
AFFIDAVIT  STATING  THAT THE PERSON DOES NOT APPEAR ON EITHER THE STATE-
WIDE REGISTRY OR THE NATIONAL SEX OFFENDER PUBLIC REGISTRY. THE  DEPART-
MENT  SHALL  SEARCH THE STATEWIDE REGISTRY AND THE NATIONAL SEX OFFENDER
PUBLIC REGISTRY FOR THE PERSON WITHIN A REASONABLE TIME AFTER ACCESS  TO
THE  STATEWIDE  REGISTRY OR THE NATIONAL SEX OFFENDER PUBLIC REGISTRY IS
RESTORED. IF THE PERSON DOES APPEAR IN EITHER REGISTRY, THE PERSON IS IN
VIOLATION OF THIS SECTION, AND THE DEPARTMENT SHALL  IMMEDIATELY  CANCEL
THE COMMERCIAL DRIVER'S LICENSE AND SHALL PROMPTLY NOTIFY THE SHERIFF OF
THE COUNTY WHERE THE PERSON RESIDES OF THE OFFENSE.
  C. ANY PERSON DENIED A COMMERCIAL DRIVER'S LICENSE OR WHO IS DISQUALI-
FIED  FROM DRIVING A COMMERCIAL VEHICLE THAT REQUIRES A COMMERCIAL DRIV-
ERS LICENSE BY THE DEPARTMENT PURSUANT TO  THIS  SECTION  SHALL  HAVE  A
RIGHT  TO FILE A PETITION WITHIN THIRTY DAYS THEREAFTER FOR A HEARING IN
THE MATTER, IN THE SUPREME COURT OF THE COUNTY WHERE THE PERSON RESIDES.
THE COURT IS VESTED WITH JURISDICTION TO HEAR THE PETITION, AND IT SHALL
BE THE DUTY OF THE COURT TO SET THE MATTER FOR HEARING UPON THIRTY DAYS'
WRITTEN NOTICE TO THE DEPARTMENT, AND THEREUPON TO  TAKE  TESTIMONY  AND
EXAMINE  INTO  THE  FACTS OF THE CASE AND TO DETERMINE WHETHER THE PETI-
TIONER IS ENTITLED TO A COMMERCIAL DRIVER'S LICENSE UNDER THE PROVISIONS
OF THIS SECTION.
  D. ANY PERSON WHO MAKES A FALSE AFFIDAVIT, OR WHO KNOWINGLY SWEARS  OR
AFFIRMS  FALSELY,  TO  ANY MATTER OR THING REQUIRED BY THE TERMS OF THIS
SECTION TO BE AFFIRMED TO OR SWORN IS GUILTY OF A CLASS E FELONY.
  6. A PERSON CONVICTED OF A VIOLATION OF THIS SECTION SHALL  BE  GUILTY
OF A CLASS D FELONY UNLESS SUCH VIOLATION IS SPECIFIED OTHERWISE.
  S  2.  The  vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. REVOCATION OF COMMERCIAL DRIVER'S LICENSE UPON CONVICTION  OF
CERTAIN  OFFENSES.  THE  DEPARTMENT SHALL REVOKE THE COMMERCIAL DRIVER'S
LICENSE OF ANY PERSON CONVICTED OF ANY OFFENSE ON OR AFTER  JUNE  FIRST,
TWO  THOUSAND TEN, THAT REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE
CORRECTION LAW. THE PERSON MAY APPLY FOR THE ISSUANCE OF A  NEW  COMMER-
CIAL  DRIVER'S  LICENSE  PURSUANT  TO  THIS  CHAPTER,  BUT, SHALL REMAIN
DISQUALIFIED FROM OBTAINING A COMMERCIAL DRIVER'S LICENSE FOR THE PERIOD
OF TIME DURING WHICH THE PERSON IS REQUIRED TO MAINTAIN REGISTRATION.
  S 3. The penal law is amended by adding a new section 130.87  to  read
as follows:
S 130.87 UNLAWFUL DRIVING OF A COMMERCIAL VEHICLE OR SCHOOL BUS.
  IT  IS UNLAWFUL FOR ANY PERSON WHO IS REQUIRED TO REGISTER PURSUANT TO
ARTICLE SIX-C OF THE CORRECTION LAW TO DRIVE A COMMERCIAL VEHICLE  OR  A
SCHOOL BUS WITHOUT HAVING A VALID COMMERCIAL DRIVER'S LICENSE.
  UNLAWFUL  DRIVING  OF  A COMMERCIAL VEHICLE OR SCHOOL BUS IS A CLASS D
FELONY.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.