S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3557
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 civil penal-
   ties imposed upon motor carriers for failure to comply with provisions
   relating to bus drivers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (e) of section 509-j of the vehicle and traffic
 law,  as  amended by chapter 424 of the laws of 2000, is amended to read
 as follows:
   (e) The commissioner or any person deputized by the commissioner,  may
 require  any  motor  carrier  to pay to the people of this state a civil
 penalty, if after the motor carrier has had an opportunity to be  heard,
 the commissioner finds that the motor carrier has violated any provision
 of  this  article or regulations promulgated [therein] PURSUANT THERETO,
 or has made any false statement or misrepresentation on any affidavit of
 compliance filed with the commissioner or with respect to violations  of
 paragraphs  (i)  and  (ii) of subdivision one, paragraphs (a) and (b) of
 subdivision two, and subdivisions three, four and five of  section  five
 hundred nine-d, section five hundred nine-g, section five hundred nine-h
 and  subdivision  two of section five hundred nine-l of this article the
 commissioner may in lieu of or in addition to a  civil  penalty  suspend
 all of a motor carrier's registrations.
   (1) Any civil penalty assessed for a first violation shall not be less
 than  five  hundred  dollars  nor greater than two thousand five hundred
 dollars for each violation, false statement or representation  found  to
 have  been  made or committed, and for a second or subsequent violation,
 not arising out of the same incident, all of which were committed within
 a period of eighteen months, shall not be less than five hundred dollars
 nor greater than five thousand dollars for each violation, false  state-
 ment or representation found to have been made or committed.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03973-01-9

 S. 3557                             2
 
   (2)  ANY PENALTY ASSESSED FOR A FIRST VIOLATION BY A MOTOR CARRIER FOR
 FAILURE TO NOTIFY  THE  COMMISSIONER  AS  REQUIRED  UNDER  SECTION  FIVE
 HUNDRED  NINE-D  OF  THIS ARTICLE AND THE BUS DRIVER HAS PREVIOUSLY BEEN
 FOUND TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
 NINETY-FOUR  OF  THIS  CHAPTER  OR  HAS A PRIOR CONVICTION OF ANY OF THE
 FOLLOWING OFFENSES: ANY VIOLATION OF SECTION ELEVEN  HUNDRED  NINETY-TWO
 OF  THIS CHAPTER, ANY VIOLATION OF SUBDIVISION ONE OR TWO OF SECTION SIX
 HUNDRED OF THIS CHAPTER, ANY VIOLATION OF SECTION TWELVE HUNDRED  TWELVE
 OF  THIS  CHAPTER,  OR  ANY FELONY INVOLVING THE USE OF A MOTOR VEHICLE,
 SHALL NOT BE LESS THAN ONE THOUSAND DOLLARS NOR GREATER THAN FIVE  THOU-
 SAND  DOLLARS  FOR  EACH  VIOLATION,  AND  FOR  A  SECOND  OR SUBSEQUENT
 VIOLATION, NOT ARISING OUT OF THE  SAME  INCIDENT,  ALL  OF  WHICH  WERE
 COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SHALL NOT BE LESS THAN ONE
 THOUSAND  DOLLARS  NOR  GREATER  THAN  TEN  THOUSAND  DOLLARS  FOR  EACH
 VIOLATION.
   (3) ANY PENALTY ASSESSED FOR A FIRST VIOLATION BY A MOTOR CARRIER  FOR
 FAILURE  TO  NOTIFY  THE  COMMISSIONER  AS  REQUIRED  UNDER SECTION FIVE
 HUNDRED NINE-D OF THIS ARTICLE WHERE THE BUS DRIVER HAS PREVIOUSLY  BEEN
 FOUND TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
 NINETY-FOUR  OF  THIS  CHAPTER  OR  HAS A PRIOR CONVICTION OF ANY OF THE
 FOLLOWING OFFENSES: ANY VIOLATION OF SECTION ELEVEN  HUNDRED  NINETY-TWO
 OF  THIS CHAPTER, ANY VIOLATION OF SUBDIVISION ONE OR TWO OF SECTION SIX
 HUNDRED OF THIS CHAPTER, ANY VIOLATION OF SECTION TWELVE HUNDRED  TWELVE
 OF THIS CHAPTER, OR ANY FELONY INVOLVING THE USE OF A MOTOR VEHICLE, AND
 SUCH BUS DRIVER CAUSES PERSONAL INJURY OR DEATH TO ANOTHER PERSON DUE TO
 AN  INCIDENT  INVOLVING THE MOTOR VEHICLE OPERATED BY SUCH PERSON, SHALL
 NOT BE LESS THAN ONE THOUSAND FIVE  HUNDRED  DOLLARS  NOR  GREATER  THAN
 SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION, AND FOR A SECOND
 OR  SUBSEQUENT  VIOLATION,  NOT ARISING OUT OF THE SAME INCIDENT, ALL OF
 WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS,  SHALL  NOT  BE
 LESS  THAN  ONE  THOUSAND  FIVE HUNDRED DOLLARS NOR GREATER THAN FIFTEEN
 THOUSAND DOLLARS FOR EACH VIOLATION.
   If the registrant fails to pay such penalty within twenty  days  after
 the  mailing  of such order, postage prepaid, certified and addressed to
 the last known place of business of such registrant, unless  such  order
 is  stayed by an order of a court of competent jurisdiction, the commis-
 sioner may revoke the vehicle registrations or out of state registration
 privilege of operation in the state of such motor carrier or may suspend
 the same for such periods  as  the  commissioner  may  determine.  Civil
 penalties  assessed  under this subdivision shall be paid to the commis-
 sioner for deposit into the state treasury, and unpaid  civil  penalties
 may  be  recovered  by the commissioner in a civil action in the name of
 the commissioner.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.