STATE OF NEW YORK ________________________________________________________________________ 1186 2019-2020 Regular Sessions IN SENATE January 11, 2019 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the perma- nent disqualification of school bus drivers for failing a random alco- hol or drug test The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 509-cc of the 2 vehicle and traffic law is amended by adding a new subparagraph (iv) to 3 read as follows: 4 (iv) was found to have .04 of one per centum or more by weight of 5 alcohol in such person's blood or a positive test for a controlled 6 substance as shown by a random alcohol and controlled substances test 7 administered in accordance with part 382 of title 49 of the code of 8 federal regulations, as such regulations may, from time to time, be 9 amended; and 10 (1) such person was found within the preceding five years to have .04 11 of one per centum or more by weight of alcohol in such person's blood or 12 a positive test for a controlled substance as shown by a random alcohol 13 and controlled substances test administered in accordance with part 382 14 of title 49 of the code of federal regulations, as such regulations may, 15 from time to time, be amended; or 16 (2) such person has had a prior revocation of their driver's license 17 resulting from refusal to submit to a chemical test pursuant to subdivi- 18 sion two of section eleven hundred ninety-four of this chapter within 19 the preceding five years; or 20 (3) such person has been convicted of a violation of any subdivision 21 of section eleven hundred ninety-two of this chapter not arising from 22 the same incident, within the preceding five years. Provided, however, 23 the commissioner may waive such disqualification as provided for in this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00740-01-9S. 1186 2 1 subparagraph after a period of five years has expired from the date of 2 such disqualification provided: 3 (A) that during such five year period such person has not been found 4 to have refused a chemical test pursuant to section eleven hundred nine- 5 ty-four of this chapter and has not been convicted of any violation of 6 section eleven hundred ninety-two of this chapter; and 7 (B) that such person provides acceptable documentation to the commis- 8 sioner that such person is not in need of alcohol or drug treatment or 9 has satisfactorily completed a prescribed course of such treatment; or 10 § 2. Subdivision 2 of section 509-cc of the vehicle and traffic law is 11 amended by adding a new paragraph (b-1) to read as follows: 12 (b-1) permanently, if that person was found to have .04 of one per 13 centum or more by weight of alcohol in such person's blood or a positive 14 test for a controlled substance as shown by a random alcohol and 15 controlled substances test administered in accordance with part 382 of 16 title 49 of the code of federal regulations, as such regulations may, 17 from time to time, be amended; and 18 (i) such person was found within the preceding five years to have .04 19 of one per centum or more by weight of alcohol in such person's blood or 20 a positive test for a controlled substance as shown by a random alcohol 21 and controlled substances test administered in accordance with part 382 22 of title 49 of the code of federal regulations, as such regulations may, 23 from time to time, be amended; or 24 (ii) such person has had a prior revocation of their driver's license 25 resulting from refusal to submit to a chemical test pursuant to subdivi- 26 sion two of section eleven hundred ninety-four of this chapter within 27 the preceding five years; or 28 (iii) such person has been convicted of a violation of any subdivision 29 of section eleven hundred ninety-two of this chapter not arising from 30 the same incident, within the preceding five years. Provided, however, 31 the commissioner may waive such disqualification as provided in this 32 paragraph after a period of five years has expired from the date of such 33 disqualification provided: 34 (A) that during such five year period such person has not been found 35 to have refused a chemical test pursuant to section eleven hundred nine- 36 ty-four of this chapter and has not been convicted of any violation of 37 section eleven hundred ninety-two of this chapter; and 38 (B) that such person provides acceptable documentation to the commis- 39 sioner that such person is not in need of alcohol or drug treatment or 40 has satisfactorily completed a prescribed course of such treatment. 41 § 3. This act shall take effect on the first of September next 42 succeeding the date on which it shall have become a law.