Bill Text: NY A08052 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A08052 Detail]
Download: New_York-2013-A08052-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8052
2013-2014 Regular Sessions
I N A S S E M B L Y
June 17, 2013
___________
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 two new subdivisions 6 and 7 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 ANY PERSON, CORPORATION OR ENTITY IN
9 CONTRACT WITH A MUNICIPALITY OR SCHOOL DISTRICT FOR THE PURPOSES OF
10 TRANSPORTING CHILDREN TO AND FROM SCHOOL, OR A MUNICIPALITY OR SCHOOL
11 DISTRICT THAT TRANSPORTS 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 COMMISSIONER SHALL RECORD ON THE DRIVER'S DEPARTMENT OF MOTOR
16 VEHICLE DRIVER ABSTRACT THE FAILURE OF THE DRUG AND ALCOHOL TEST AND
17 STATE THAT THE TEST WAS ADMINISTERED DURING NORMAL WORK HOURS; AND
18 (III) THE DRIVER SHALL BE DISQUALIFIED FROM OPERATING A SCHOOL BUS FOR
19 THE PERIOD OF ONE YEAR PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE AND
20 PARAGRAPH (I) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED NINE-CC OF THIS
21 ARTICLE.
22 7. THE MINIMUM ANNUAL PERCENTAGE RATE FOR RANDOM DRUG AND ALCOHOL
23 TESTING SHALL BE ONE HUNDRED PERCENT OF THE DRIVER POSITIONS FILLED BY
24 THE MOTOR CARRIER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11136-07-3
A. 8052 2
1 S 2. Paragraph (a) of subdivision 1 of section 509-cc of the vehicle
2 and traffic law is amended by adding a new subparagraph (iv) to read as
3 follows:
4 (IV) HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION ONE, TWO, THREE,
5 FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER
6 WHEREIN THE VIOLATOR IS OPERATING A SCHOOL BUS AS DEFINED IN SECTION ONE
7 HUNDRED FORTY-TWO OF THIS CHAPTER AND SUCH SCHOOL BUS IS CARRYING AT
8 LEAST ONE STUDENT PASSENGER; OR
9 S 3. Subdivision 2 of section 509-cc of the vehicle and traffic law is
10 amended by adding a new paragraph (b-1) to read as follows:
11 (B-1) PERMANENTLY, IF THAT PERSON HAS BEEN CONVICTED OF A VIOLATION OF
12 SUBDIVISION ONE, TWO, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED
13 NINETY-TWO OF THIS CHAPTER WHEREIN THE VIOLATOR IS OPERATING A SCHOOL
14 BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER AND SUCH
15 SCHOOL BUS IS CARRYING AT LEAST ONE STUDENT PASSENGER.
16 S 4. Subdivision 1 of section 509-cc of the vehicle and traffic law is
17 amended by adding a new paragraph (h) to read as follows:
18 (H) FOR A PERIOD OF ONE YEAR, IF THAT PERSON FAILS TO PASS A DRUG AND
19 ALCOHOL TEST PURSUANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE.
20 S 5. Subdivision 2 of section 509-cc of the vehicle and traffic law is
21 amended by adding a new paragraph (i) to read as follows:
22 (I) FOR A PERIOD OF ONE YEAR, IF THAT PERSON FAILS TO PASS A DRUG AND
23 ALCOHOL TEST PURSUANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE.
24 S 6. Section 509-l of the vehicle and traffic law, as amended by chap-
25 ter 675 of the laws of 1985, is amended to read as follows:
26 S 509-l. Drugs, controlled [substance] SUBSTANCES and intoxicating
27 liquor. 1. No person shall:
28 (a) consume a drug, controlled substance or an intoxicating liquor,
29 regardless of its alcoholic content, or be under the influence of an
30 intoxicating liquor or drug, within six hours before going on duty or
31 operating, or having physical control of a bus, or
32 (b) consume a drug, controlled substance or an intoxicating liquor,
33 regardless of its alcoholic content while on duty, or operating, or in
34 physical control of a bus, or
35 (c) possess a drug, controlled substance or an intoxicating liquor,
36 regardless of its alcoholic content while on duty, operating or in phys-
37 ical control of a bus. However, this paragraph does not apply to
38 possession of a drug, controlled substance or an intoxicating liquor
39 which is transported as part of a shipment or personal effects of a
40 passenger or to alcoholic beverages which are in sealed containers.
41 2. No motor carrier shall require or permit a driver to:
42 (a) violate any provision of subdivision one of this section; or
43 (b) be on duty or operate a bus if, by such person's general appear-
44 ance or by such person's conduct or by other substantiating evidence,
45 such person appears to have consumed a drug, controlled substance or an
46 intoxicating liquor within the preceding six hours, OR EIGHT HOURS WHEN
47 SUCH DRIVER OPERATES A SCHOOL BUS AS DEFINED BY SECTION ONE HUNDRED
48 FORTY-TWO OF THIS CHAPTER.
49 S 7. Subparagraph 6 of paragraph e of subdivision 1 of section 3623-a
50 of the education law, as added by chapter 474 of the laws of 1996, is
51 amended to read as follows:
52 (6) costs incurred by the employer for qualifying criminal history,
53 drivers license, or other required testing attributable to special
54 requirements for drivers of school buses pursuant to state or federal
55 law INCLUDING RANDOM DRUG AND ALCOHOL TESTING AS REQUIRED UNDER SUBDIVI-
A. 8052 3
1 SION SIX AND SUBDIVISION SEVEN OF SECTION FIVE HUNDRED NINE-G OF THE
2 VEHICLE AND TRAFFIC LAW;
3 S 8. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law. Effective immediately, the commissioner of
5 motor vehicles may add, amend, or repeal any rule or regulation neces-
6 sary to timely implement the provisions of this act on its effective
7 date.
