Bill Text: NY A05311 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the regulation of party buses with passengers under the age of 21.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A05311 Detail]
Download: New_York-2019-A05311-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5311 2019-2020 Regular Sessions IN ASSEMBLY February 8, 2019 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Transportation AN ACT to amend the transportation law, in relation to regulation of party buses; to amend the vehicle and traffic law, in relation to establishing a party bus endorsement for drivers licenses; and to amend the penal law, in relation to unlawfully dealing with a child in the first degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2 of the transportation law is amended by adding a 2 new subdivision 20-a to read as follows: 3 20-a. "Party bus" means any motor vehicle having a capacity of twenty 4 or more passengers, operated by a contract carrier of passengers by 5 motor vehicle, within which passengers are capable and permitted to 6 regularly stand and circulate throughout the vehicle, and in which food, 7 beverages and entertainment may be provided or sold to such passengers. 8 § 2. The transportation law is amended by adding a new section 160 to 9 read as follows: 10 § 160. Regulation of party buses. 1. The provisions of this section 11 shall apply to the operation of any party bus in which all the passen- 12 gers, excluding the driver and any chaperones, are under the age of 13 twenty-one years. 14 2. No contract carrier of passengers by motor vehicle shall allow a 15 party bus, specified in subdivision one of this section, to be operated 16 by a driver who does not hold a party bus endorsement issued pursuant to 17 subparagraph (xi) of paragraph (b) of subdivision two of section five 18 hundred one of the vehicle and traffic law. 19 3. Every party bus, specified in subdivision one of this section, 20 shall be equipped with a warning system which provides notice to the 21 driver of such bus and those adjacent to any door, window or other 22 access portal to the exterior of such bus that such door, window or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08880-01-9A. 5311 2 1 other access portal has been opened in an unauthorized manner. Such 2 warning system shall cause an audible alarm to sound and a red light to 3 illuminate on the driving dashboard of the bus when activated and can be 4 seen and heard by those near such door, window or portal. 5 4. Every party bus, specified in subdivision one of this section, 6 shall prior to departing its point of origin and during the entirety of 7 the provision of the transportation and services by the party bus, be 8 staffed with not less than one chaperone, over the age of twenty-one 9 years of age, for each twenty passengers under age of twenty-one years; 10 provided, however, that if such party bus has more than one level or 11 floor, each level or floor shall be staffed by at least one chaperone. 12 Chaperones shall be provided by the contract carrier and/or the party 13 contracting for the party bus. Under no circumstances shall the driver 14 of a party bus be designated as a chaperone. 15 5. Upon violation of any provision of this section or any other law, 16 rule or regulation by the passengers of a party bus, specified in subdi- 17 vision one of this section, the driver thereof shall immediately return 18 to the point of origin of the transportation. Compliance with the 19 provisions of this subdivision shall grant the party bus driver and the 20 contract carrier of passengers by motor vehicle with both civil and 21 criminal immunity for any such violations and breach of contract. 22 6. The contract for the provision of transportation and services by a 23 party bus, as specified in subdivision one of this section, shall 24 include therein the provisions of this section, all safety rules for 25 such buses, and that the passengers under the age of twenty-one years of 26 age shall be prohibited from consuming or possessing alcoholic beverag- 27 es, controlled substances or marihuana. Such contract shall include an 28 attestation that any party allowing any violation thereof may be held 29 both civilly and criminally liable. Every such contract shall be signed 30 by the contracting party, the contract carrier of passengers by motor 31 vehicle and the driver of the party bus. 32 7. Prior to the departure from the point of origin of a party bus, 33 specified in subdivision one of this section, the contract carrier of 34 passengers by motor vehicle shall read a statement to all passengers 35 relating to requirements of this section and all other safety features 36 and requirements of such party bus. 37 8. Every contract carrier of passengers by motor vehicle which oper- 38 ates one or more party buses shall conspicuously post its federal 39 Department of Transportation registration number and its permit number 40 issued by the department pursuant to this article upon each of its: 41 (a) printed and electronic advertisements which advertise a party bus 42 or party buses; 43 (b) internet websites which offer a party bus or party buses for 44 lease, rental or charter; and 45 (c) party buses. 46 9. Upon the occasion of three or more violations of the provisions of 47 this section or any rules and regulation adopted pursuant thereto, or 48 any other provision of law relating to party buses by contract carrier 49 of passengers by motor vehicle or any of its drivers, such carrier's 50 permit shall be suspended by the commissioner for a period of not less 51 than six months. 52 § 3. Paragraph (b) of subdivision 2 of section 501 of the vehicle and 53 traffic law is amended by adding a new subparagraph (xi) to read as 54 follows: 55 (xi) Party bus endorsement. Shall be required to operate a party bus 56 pursuant to section one hundred sixty of the transportation law.A. 5311 3 1 § 4. Section 501 of the vehicle and traffic law is amended by adding a 2 new subdivision 7 to read as follows: 3 7. Party bus endorsement. The commissioner of transportation shall by 4 rule establish the requirements and course of instruction for the grant- 5 ing of party bus endorsements. 6 § 5. Paragraph (a) of subdivision 2 of section 502 of the vehicle and 7 traffic law, as amended by chapter 520 of the laws of 1991, is amended 8 to read as follows: 9 (a) An applicant for a class A license or for a commercial driver's 10 license which contains an H [or], an X or a party bus endorsement, or 11 which is valid for operation in interstate commerce shall be at least 12 twenty-one years of age. 13 § 6. Section 260.20 of the penal law, as amended by chapter 362 of the 14 laws of 1992 and the third undesignated paragraph as added by chapter 15 435 of the laws of 2010, is amended to read as follows: 16 § 260.20 Unlawfully dealing with a child in the first degree. 17 A person is guilty of unlawfully dealing with a child in the first 18 degree when: 19 1. He or she knowingly permits a child less than eighteen years old to 20 enter or remain in or upon a place, premises or establishment where 21 sexual activity as defined by article one hundred thirty, two hundred 22 thirty or two hundred sixty-three of this chapter or activity involving 23 controlled substances as defined by article two hundred twenty of this 24 chapter or involving marihuana as defined by article two hundred twen- 25 ty-one of this chapter is maintained or conducted, and he or she knows 26 or has reason to know that such activity is being maintained or 27 conducted; or 28 2. He or she gives or sells or causes to be given or sold any alcohol- 29 ic beverage, as defined by section three of the alcoholic beverage 30 control law, to a person less than twenty-one years old; except that 31 this subdivision does not apply to the parent or guardian of such a 32 person or to a person who gives or causes to be given any such alcoholic 33 beverage to a person under the age of twenty-one years, who is a student 34 in a curriculum licensed or registered by the state education depart- 35 ment, where the tasting or imbibing of alcoholic beverages is required 36 in courses that are part of the required curriculum, provided such alco- 37 holic beverages are given only for instructional purposes during classes 38 conducted pursuant to such curriculum. 39 It is no defense to a prosecution pursuant to this subdivision [two of40this section] that the child acted as the agent or representative of 41 another person or that the defendant dealt with the child as such. 42 It is an affirmative defense to a prosecution pursuant to this subdi- 43 vision [two of this section] that the defendant who sold, caused to be 44 sold or attempted to sell such alcoholic beverage to a person less than 45 twenty-one years old, had not been, at the time of such sale or 46 attempted sale, convicted of a violation of this section or section 47 260.21 of this article within the preceding five years[, and such48defendant, subsequent to the commencement of the present prosecution,49has completed an alcohol training awareness program established pursuant50to subdivision twelve of section seventeen of the alcoholic beverage51control law]. A defendant otherwise qualifying pursuant to this para- 52 graph may request and shall be afforded a reasonable adjournment of the 53 proceedings to enable him or her to complete such alcohol training 54 awareness program[.]; or 55 3. He or she, being the driver of or a chaperone upon a party bus 56 pursuant to section one hundred sixty of the transportation law, know-A. 5311 4 1 ingly permits any person less than twenty-one years of age to possess or 2 consume any alcoholic beverage, as defined in section three of the alco- 3 holic beverage control law, or any controlled substance or marihuana, as 4 defined in section 220.00 of this chapter. 5 Unlawfully dealing with a child in the first degree is a class A 6 misdemeanor. 7 § 6-a. The third undesignated paragraph of section 260.20 of the penal 8 law, as amended by section six of this act, is amended to read as 9 follows: 10 It is an affirmative defense to a prosecution pursuant to this subdi- 11 vision that the defendant who sold, caused to be sold or attempted to 12 sell such alcoholic beverage to a person less than twenty-one years old, 13 had not been, at the time of such sale or attempted sale, convicted of a 14 violation of this section or section 260.21 of this article within the 15 preceding five years, and such defendant, subsequent to the commencement 16 of the present prosecution, has completed an alcohol training awareness 17 program established pursuant to subdivision twelve of section seventeen 18 of the alcoholic beverage control law. A defendant otherwise qualifying 19 pursuant to this paragraph may request and shall be afforded a reason- 20 able adjournment of the proceedings to enable him or her to complete 21 such alcohol training awareness program; or 22 § 7. This act shall take effect on the first of January next succeed- 23 ing the date on which it shall have become a law; provided, however, 24 that section six-a of this act shall take effect upon the expiration of 25 section 17 of the alcoholic beverage control law as provided in section 26 4 of chapter 118 of the laws of 2012, as amended. Effective immediately 27 the addition, amendment and/or repeal of any rule or regulation neces- 28 sary for the implementation of this act on its effective date are 29 authorized to be made and completed on or before such date.
