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.
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.