Bill Text: NY A00208 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides for pre-employment and random drug and alcohol testing of bus drivers; further provides that no person shall consume a drug, controlled substance or an intoxicating liquor, regardless of its alcoholic content, or be under the influence of an intoxicating liquor or drug, within eight hours before going on duty or operating, or having physical control of a bus.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-08-24 - signed chap.207 [A00208 Detail]

Download: New_York-2017-A00208-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           208
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Transportation
        AN ACT to amend the vehicle and traffic law and the  education  law,  in
          relation to random drug and alcohol testing of bus drivers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 509-g of the vehicle and traffic law is amended  by
     2  adding a new subdivision 6 to read as follows:
     3    6.  Random  drug  and alcohol testing. (a) All motor carriers shall be
     4  required to administer random drug and alcohol tests to all drivers,  as
     5  defined by section five hundred nine-a of this article, of school buses,
     6  as  defined by section one hundred forty-two of this chapter, regardless
     7  of commercial driver's license endorsement. For  the  purposes  of  this
     8  section "motor carriers" shall mean a school or municipality that trans-
     9  ports  children  to and from school or any person, corporation or entity
    10  in contract with a municipality or school district for the  purposes  of
    11  transporting children to and from school.
    12    (b) (i) Failure of a random drug and alcohol test by a driver shall be
    13  reported  to  the  commissioner  of  motor vehicles by the motor carrier
    14  immediately upon notification of failure;
    15    (ii) the driver shall be disqualified from operating a school bus  for
    16  the  period of one year pursuant to paragraph (h) of subdivision one and
    17  paragraph (i) of subdivision two of section five hundred nine-cc of this
    18  article.
    19    § 2. Paragraph (a) of subdivision 1 of section 509-cc of  the  vehicle
    20  and  traffic law is amended by adding a new subparagraph (iv) to read as
    21  follows:
    22    (iv) has been convicted of a violation of subdivision one, two, three,
    23  four or four-a of section eleven  hundred  ninety-two  of  this  chapter
    24  wherein the violator is operating a school bus as defined in section one
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02179-01-7

        A. 208                              2
     1  hundred  forty-two  of  this  chapter and such school bus is carrying at
     2  least one student passenger; or
     3    § 3. Subdivision 2 of section 509-cc of the vehicle and traffic law is
     4  amended by adding a new paragraph (b-1) to read as follows:
     5    (b-1) permanently, if that person has been convicted of a violation of
     6  subdivision  one,  two,  three, four or four-a of section eleven hundred
     7  ninety-two of this chapter wherein the violator is  operating  a  school
     8  bus as defined in section one hundred forty-two of this chapter and such
     9  school bus is carrying at least one student passenger.
    10    § 4. Subdivision 1 of section 509-cc of the vehicle and traffic law is
    11  amended by adding a new paragraph (h) to read as follows:
    12    (h)  for a period of one year, if that person fails to pass a drug and
    13  alcohol test pursuant to section five hundred nine-g of this article.
    14    § 5. Subdivision 2 of section 509-cc of the vehicle and traffic law is
    15  amended by adding a new paragraph (i) to read as follows:
    16    (i) for a period of one year, if that person fails to pass a drug  and
    17  alcohol test pursuant to section five hundred nine-g of this article.
    18    § 6. Section 509-l of the vehicle and traffic law, as amended by chap-
    19  ter 675 of the laws of 1985, is amended to read as follows:
    20    § 509-l. Drugs,  controlled  [substance]  substances  and intoxicating
    21  liquor. 1.  No person shall:
    22    (a) consume a drug, controlled substance or  an  intoxicating  liquor,
    23  regardless  of  its  alcoholic  content, or be under the influence of an
    24  intoxicating liquor or drug, within six hours before going  on  duty  or
    25  operating, or having physical control of a bus, or
    26    (b)  consume  a  drug, controlled substance or an intoxicating liquor,
    27  regardless of its alcoholic content while on duty, or operating,  or  in
    28  physical control of a bus, or
    29    (c)  possess  a  drug, controlled substance or an intoxicating liquor,
    30  regardless of its alcoholic content while on duty, operating or in phys-
    31  ical control of a  bus.  However,  this  paragraph  does  not  apply  to
    32  possession  of  a  drug,  controlled substance or an intoxicating liquor
    33  which is transported as part of a shipment  or  personal  effects  of  a
    34  passenger or to alcoholic beverages which are in sealed containers.
    35    2. No motor carrier shall require or permit a driver to:
    36    (a) violate any provision of subdivision one of this section; or
    37    (b)  be  on duty or operate a bus if, by such person's general appear-
    38  ance or by such person's conduct or by  other  substantiating  evidence,
    39  such  person appears to have consumed a drug, controlled substance or an
    40  intoxicating liquor within the preceding six hours, or eight hours  when
    41  such  driver  operates  a  school  bus as defined by section one hundred
    42  forty-two of this chapter.
    43    § 7. Subparagraph 6 of paragraph e of subdivision 1 of section  3623-a
    44  of  the  education  law, as added by chapter 474 of the laws of 1996, is
    45  amended to read as follows:
    46    (6) costs incurred by the employer for  qualifying  criminal  history,
    47  drivers  license,  or  other  required  testing  attributable to special
    48  requirements for drivers of school buses pursuant to  state  or  federal
    49  law including random drug and alcohol testing as required under subdivi-
    50  sion six of section five hundred nine-g of the vehicle and traffic law;
    51    § 8. This act shall take effect on the one hundred twentieth day after
    52  it  shall  have become a law. Effective immediately, the commissioner of
    53  motor vehicles may add, amend, or repeal any rule or  regulation  neces-
    54  sary  to  timely  implement  the provisions of this act on its effective
    55  date.
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