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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         208--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  M.  of  A.  LUPARDO, THIELE, BARRETT, HEVESI, SEPULVEDA,
          GJONAJ, ABINANTI, JAFFEE, GALEF, HARRIS,  MAGNARELLI,  D'URSO,  LOPEZ,
          MONTESANO,  MURRAY,  McDONOUGH, FRIEND, BLANKENBUSH, PALMESANO, WALSH,
          PALUMBO -- Multi-Sponsored by -- M. of A. FINCH, GIGLIO, GRAF, HAWLEY,
          JONES, SIMON, SKARTADOS -- read once and referred to the Committee  on
          Transportation   --   committee   discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the vehicle and traffic law and the  education  law,  in
          relation  to random drug and alcohol testing of bus drivers and school
          bus attendants
          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. (a) All motor carriers shall be required to administer random  drug
     4  and  alcohol  tests  to  all drivers, as defined by section five hundred
     5  nine-a of this article, of school  buses,  as  defined  by  section  one
     6  hundred  forty-two  of  this  chapter, regardless of commercial driver's
     7  license endorsement and to all school  bus  attendants,  as  defined  by
     8  section  twelve  hundred twenty-nine-d of this chapter. For the purposes
     9  of this section "motor carriers" shall mean  a  school  or  municipality
    10  that  transports  children to and from school or any person, corporation
    11  or entity in contract with a municipality or  school  district  for  the
    12  purposes of transporting children to and from school.
    13    (b) (i) Failure of a random drug and alcohol test by a driver shall be
    14  reported  to  the  commissioner  of  motor vehicles by the motor carrier
    15  immediately upon notification of failure;
    16    (ii) The driver shall be disqualified from operating a school bus  for
    17  the  period of one year pursuant to paragraph (h) of subdivision one and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02179-03-7
        A. 208--A                           2
     1  paragraph (i) of subdivision two of section five hundred nine-cc of this
     2  article.
     3    (iii)  Drug  testing administered pursuant to this section shall, at a
     4  minimum, be in conformance with drug testing procedures as set forth  in
     5  Part 382 of Title 49 of the code of federal regulations.
     6    § 2. Section 509-l of the vehicle and traffic law, as amended by chap-
     7  ter 675 of the laws of 1985, is amended to read as follows:
     8    § 509-l. Drugs,  controlled  [substance]  substances  and intoxicating
     9  liquor. 1.  No person shall:
    10    (a) consume a drug, controlled substance or  an  intoxicating  liquor,
    11  regardless  of  its  alcoholic  content, or be under the influence of an
    12  intoxicating liquor or drug, within six hours before going  on  duty  or
    13  operating, or having physical control of a bus, or
    14    (b)  consume  a  drug, controlled substance or an intoxicating liquor,
    15  regardless of its alcoholic content while on duty, or operating,  or  in
    16  physical control of a bus, or
    17    (c)  possess  a  drug, controlled substance or an intoxicating liquor,
    18  regardless of its alcoholic content while on duty, operating or in phys-
    19  ical control of a  bus.  However,  this  paragraph  does  not  apply  to
    20  possession  of  a  drug,  controlled substance or an intoxicating liquor
    21  which is transported as part of a shipment  or  personal  effects  of  a
    22  passenger or to alcoholic beverages which are in sealed containers.
    23    2. No motor carrier shall require or permit a driver to:
    24    (a) violate any provision of subdivision one of this section; or
    25    (b)  be  on duty or operate a bus if, by such person's general appear-
    26  ance or by such person's conduct or by  other  substantiating  evidence,
    27  such  person appears to have consumed a drug, controlled substance or an
    28  intoxicating liquor within the preceding six hours, or eight hours  when
    29  such  driver  operates  a  school  bus as defined by section one hundred
    30  forty-two of this chapter.
    31    § 3. Subparagraph 6 of paragraph e of subdivision 1 of section  3623-a
    32  of  the  education  law, as added by chapter 474 of the laws of 1996, is
    33  amended to read as follows:
    34    (6) costs incurred by the employer for  qualifying  criminal  history,
    35  drivers  license,  or  other  required  testing  attributable to special
    36  requirements for drivers of school buses pursuant to  state  or  federal
    37  law including random drug and alcohol testing as required under subdivi-
    38  sion six of section five hundred nine-g of the vehicle and traffic law;
    39    § 4. This act shall take effect on the one hundred twentieth day after
    40  it  shall  have become a law. Effective immediately, the commissioner of
    41  motor vehicles may add, amend, or repeal any rule or  regulation  neces-
    42  sary  to  timely  implement  the provisions of this act on its effective
    43  date.