senate Bill S5503

Amended

Provides for random drug and alcohol testing of bus drivers

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 30 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 06 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 06 / Jun / 2013
    • PRINT NUMBER 5503A

Summary

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.

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Bill Details

Versions:
S5503
S5503A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง509-g, 509-cc, & 509-l, V & T L

Votes

14
0
14
Aye
0
Nay
3
aye with reservations
0
absent
1
excused
0
abstained
show Transportation committee vote details

Sponsor Memo

BILL NUMBER:S5503 REVISED 5/24/13

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to random
drug and alcohol testing of bus drivers

PURPOSE: To ensure that all school drivers are
subject to random drug
and alcohol testing regardless of their commercial drivers
endorsement and increasing the pool for random testing to 100% of the
drivers employed by a motor carrier. It would also require that a
failure of these random tests be reported to DMV and recorded on a
driver's abstract, permanently disqualify a bus driver for operating
a school bus while intoxicated from future licensure as a school bus
driver and increase the prohibited time for consumption of alcohol
prior to operating a school bus from six to eight hours.

SUMMARY OF PROVISIONS: Section 1. Adds two new
Subdivisions 6 and 7 to
section 509-g of the vehicle and traffic law to:

6. require all school bus drivers to be subject to a random drug and
alcohol test regardless of school bus size and commercial license
endorsement and failure of such test shall recorded on the driver' s
Department of Motor Vehicles abstract.

7. sets the minimum annual percentage rate for drug and alcohol
testing at 100% of the driver positions filled.

Sections 2. & 3. Amend section 509-cc of the vehicle and traffic law
to for permanent disqualification of a bus driver for operating a
school bus while intoxicated.

Sections 4. & 5. Amend Section 509-cc to provide for a 1 year
disqualification of drivers who fail a random drug and alcohol test

Section 6. Amends 509-1 of the vehicle and traffic to increase the
prohibited time for consumption of alcohol prior to operating a
school bus from six to eight hours.

Section 7. Effective date

JUSTIFICATION:
Since October 2012, there have been at least four incidents in which
drivers were arrested for operating a school bus while intoxicated,
including one in which the driver crashed his bus with five young
students onboard into a Syosset home. Parents entrust their
children's lives and safety to school bus drivers, they have every
right to expect and demand that the bus driver is sober. While the
vast majority of school bus drivers take their responsibilities very
seriously, we have seen others abuse parents' trust and endanger
children by driving drunk.

Currently only 10% of bus drivers employed by a motor carrier are
subject to random drug and alcohol testing and drivers of buses that
carry less than 16 passengers are not required to take any type of


drug and alcohol testing. This legislation will strength current
oversight of school bus drivers by ensuring that all drivers are
subject to random drug and alcohol testing regardless of their
commercial drivers endorsement and increasing the pool for random
testing to 100% of the drivers employed by a motor carrier. It would
also require that a failure of these random tests be reported to DMV
and recorded on a driver's abstract. Finally, the legislation would
permanently disqualify a bus driver for operating a school bus while
intoxicated from future licensure as a school bus driver and increase
the prohibited time for consumption of alcohol prior to operating a
school bus from six to eight hours.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the one
hundred twentieth day after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5503

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- 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 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:

  Section  1. Section 509-g of the vehicle and traffic law is amended by
adding two new subdivisions 6 and 7 to read as follows:
  6. RANDOM DRUG AND ALCOHOL TESTING. (A) ALL MOTOR CARRIERS, AS DEFINED
BY SECTION FIVE HUNDRED NINE-A OF  THIS  TITLE,  SHALL  BE  REQUIRED  TO
ADMINISTER  RANDOM  DRUG AND ALCOHOL TESTS TO ALL DRIVERS, AS DEFINED BY
SECTION FIVE HUNDRED NINE-A OF THIS TITLE, OF SCHOOL BUSES,  AS  DEFINED
BY  SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER, REGARDLESS OF COMMER-
CIAL DRIVER'S LICENSE ENDORSEMENT.
  (B) (I) FAILURE OF A RANDOM DRUG AND ALCOHOL TEST BY A DRIVER SHALL BE
REPORTED TO THE COMMISSIONER OF MOTOR  VEHICLES  BY  THE  MOTOR  CARRIER
IMMEDIATELY UPON NOTIFICATION OF FAILURE;
  (II) THE COMMISSIONER SHALL RECORD ON THE DRIVER'S DEPARTMENT OF MOTOR
VEHICLE  DRIVER  ABSTRACT  THE  FAILURE OF THE DRUG AND ALCOHOL TEST AND
STATE THAT THE TEST WAS ADMINISTERED DURING NORMAL WORK HOURS; AND
  (III) THE DRIVER SHALL BE DISQUALIFIED FROM OPERATING A SCHOOL BUS FOR
THE PERIOD OF ONE YEAR PURSUANT TO PARAGRAPH H OF  SUBDIVISION  ONE  AND
PARAGRAPH  I  OF SUBDIVISION TWO OF SECTION FIVE HUNDRED NINE-CC OF THIS
ARTICLE.
  7. THE MINIMUM ANNUAL PERCENTAGE RATE  FOR  RANDOM  DRUG  AND  ALCOHOL
TESTING  SHALL  BE ONE HUNDRED PERCENT OF THE DRIVER POSITIONS FILLED BY
THE MOTOR CARRIER.
  S 2. Paragraph (a) of subdivision 1 of section 509-cc of  the  vehicle
and  traffic law is amended by adding a new subparagraph (iv) to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11136-03-3

S. 5503                             2

  (IV) HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION ONE, TWO, THREE,
FOUR OR FOUR-A OF SECTION ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER
WHEREIN THE VIOLATOR IS OPERATING A SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED  FORTY-TWO  OF  THIS  CHAPTER AND SUCH SCHOOL BUS IS CARRYING AT
LEAST ONE STUDENT PASSENGER; OR
  S 3. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1) PERMANENTLY, IF THAT PERSON HAS BEEN CONVICTED OF A VIOLATION OF
SUBDIVISION  ONE,  TWO,  THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS CHAPTER WHEREIN THE VIOLATOR IS  OPERATING  A  SCHOOL
BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER AND SUCH
SCHOOL BUS IS CARRYING AT LEAST ONE STUDENT PASSENGER.
  S 4. Subdivision 1 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (h) to read as follows:
  (H)  FOR A PERIOD OF ONE YEAR, IF THAT PERSON FAILS TO PASS A DRUG AND
ALCOHOL TEST PURSUANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE.
  S 5. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (i) to read as follows:
  (I) FOR A PERIOD OF ONE YEAR, IF THAT PERSON FAILS TO PASS A DRUG  AND
ALCOHOL TEST PURSUANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE.
  S 6. Section 509-l of the vehicle and traffic law, as amended by chap-
ter 675 of the laws of 1985, is amended to read as follows:
  S 509-l. Drugs,  controlled  substance and intoxicating liquor. 1.  No
person shall:
  (a) 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 [six] EIGHT hours  before  going  on
duty or operating, or having physical control of a bus, or
  (b)  consume  a  drug, controlled substance or an intoxicating liquor,
regardless of its alcoholic content while on duty, or operating,  or  in
physical control of a bus, or
  (c)  possess  a  drug, controlled substance or an intoxicating liquor,
regardless of its alcoholic content while on duty, operating or in phys-
ical control of a  bus.  However,  this  paragraph  does  not  apply  to
possession  of  a  drug,  controlled substance or an intoxicating liquor
which is transported as part of a shipment  or  personal  effects  of  a
passenger or to alcoholic beverages which are in sealed containers.
  2. No motor carrier shall require or permit a driver to:
  (a) violate any provision of subdivision one of this section; or
  (b)  be  on duty or operate a bus if, by such person's general appear-
ance or by such person's conduct or by  other  substantiating  evidence,
such  person appears to have consumed a drug, controlled substance or an
intoxicating liquor within the preceding [six] EIGHT hours.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the  commissioner  of
motor  vehicles  may add, amend, or repeal any rule or regulation neces-
sary to timely implement the provisions of this  act  on  its  effective
date.

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