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

                                 5611--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 21, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the transportation law and the vehicle and traffic  law,
  in  relation  to  the  regulation  of ambulette motor vehicles and the
  operators thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature hereby finds that
non-emergency medical transportation is a vital part of the provision of
medical services in this state. The purpose of this act is to  establish
uniform  standards for the non-emergency medical transportation industry
throughout the state that ensure a consistent level of safety and quali-
ty.
  S 2. The opening paragraph of subparagraph 1 of paragraph a of  subdi-
vision  5 of section 80 of the transportation law, as amended by chapter
487 of the laws of 1993, is amended to read as follows:
  Notwithstanding any other provision of law, in any city with  a  popu-
lation of over one million, the commissioner shall not have jurisdiction
over  the  regulation  of  any  van  service  or other common carrier of
passengers by motor vehicle covered under article seven of this  chapter
when  such  van  service or other such common carrier is operated wholly
within the boundaries of such city or is  operated  partly  within  such
city  if  the partial operation consists of the pick up and discharge of
passengers wholly within such city, when such city has adopted an  ordi-
nance,  local  law  or charter to regulate or franchise such operations;
provided, however, that the commissioner shall have exclusive  jurisdic-
tion  with respect to the safety of operation of motor vehicles operated
as van services or other such common carriers of passengers, except that
concurrent jurisdiction with respect to enforcement of such safety stan-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11843-05-9
              

S. 5611--A                          2

dards may be transferred pursuant to agreement  between  the  department
and  such  city;  and  provided further that the commissioner shall have
exclusive jurisdiction with respect to van services  [and],  other  such
common  carriers  AND MOTOR VEHICLES that are designed for the transport
of transportation disabled persons, as defined in section  fifteen-b  of
this chapter, [except that such city shall continue to have jurisdiction
over  the  licensure  of  wheelchair accessible vans and drivers of such
vans as provided in chapter five of title nineteen of the administrative
code of the city of New  York]  OR  PERSONS  IN  NEED  OF  NON-EMERGENCY
MEDICAL TRANSPORTATION PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-H OF
THE  SOCIAL  SERVICES  LAW;  and  provided further that the commissioner
shall have exclusive jurisdiction with  respect  to  the  operations  of
motor  vehicles as van services or other such common carriers of passen-
gers covered under article seven of this chapter to or from  an  airport
in  such  city  when  such van services or other such common carriers of
passengers have been issued a permit by the port authority of  New  York
and  New  Jersey to operate at an airport in such city or apply for such
permit and within a reasonable period of time are issued such permit  by
such authority. Such local law or ordinance shall:
  S  3. Subparagraph (iv) of paragraph a of subdivision 2 of section 140
of the transportation law, as added by chapter 853 of the laws of  1992,
is amended to read as follows:
  (iv)  All van services or other common carriers of passengers by motor
vehicle covered under article seven of this chapter, which van  services
or  other such common carriers of passengers are operated pursuant to or
requiring regulatory authority from any city with a population  of  over
one  million  that  has  adopted  an  ordinance or local law pursuant to
subdivision five of section eighty of this chapter.  NOTWITHSTANDING THE
REQUIREMENTS ABOVE THE COMMISSIONER SHALL HAVE THE POWER TO ADOPT  RULES
AND  REGULATIONS  GOVERNING  THE  SAFETY  OF OPERATIONS OF VAN SERVICES,
OTHER SUCH COMMON CARRIERS AND MOTOR VEHICLES THAT ARE DESIGNED FOR  THE
TRANSPORTATION  OF DISABLED PERSONS INCLUDING WHEELCHAIR ACCESSIBLE VANS
OR PERSONS IN NEED OF NON-EMERGENCY MEDICAL TRANSPORTATION  PURSUANT  TO
SECTION THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW.
  S  4. The transportation law is amended by adding a new section 160 to
read as follows:
  S 160. ISSUANCE OF SPECIAL PERMITS FOR COMMON CARRIERS  OF  PASSENGERS
THAT ARE TRANSPORTATION DISABLED. 1. IN ADDITION TO THE OTHER PROVISIONS
OF THIS ARTICLE, NO PERSON SHALL ENGAGE IN THE TRANSPORTATION OF PASSEN-
GERS  THAT  ARE  TRANSPORTATION  DISABLED  OR  IN  NEED OF NON-EMERGENCY
MEDICAL TRANSPORTATION PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-H OF
THE SOCIAL SERVICES LAW IN A CITY WITH A POPULATION OF  ONE  MILLION  OR
MORE,  OR  HOLD  THEMSELVES  OUT  BY  ADVERTISING, OR ANY OTHER MEANS TO
PROVIDE SUCH TRANSPORTATION, UNLESS THERE IS IN FORCE  WITH  RESPECT  TO
SUCH PERSON OR PERSONS A SPECIAL CERTIFICATE ISSUED BY THE COMMISSIONER.
  2.  NO  SPECIAL CERTIFICATE SHALL BE ISSUED BY THE COMMISSIONER UNLESS
THE PERSONS OR PERSONS AGREE TO:
  A. MAINTAIN AND STORE ELECTRONIC TRIP TICKET RECORDS WHICH CONTEMPORA-
NEOUSLY WITH THE TRIP CAPTURE PICK-UP AND  DROP-OFF  PASSENGER  INFORMA-
TION;
  B.   VEHICLE  AGE  AND  RETIREMENT  REQUIREMENTS  SUCH  THAT  VEHICLES
PRESENTED FOR INITIAL LICENSURE MUST HAVE BEEN DRIVEN NO MORE THAN FIFTY
THOUSAND MILES, REDUCING TO  TWENTY-FIVE  THOUSAND  MILES  FOR  VEHICLES
PRESENTED FOR INITIAL LICENSURE BEGINNING ON JANUARY FIRST, TWO THOUSAND
TEN,  AND REDUCING TO FIVE HUNDRED MILES BEGINNING ON JANUARY FIRST, TWO
THOUSAND ELEVEN. IN ADDITION, BEGINNING ON JANUARY FIRST,  TWO  THOUSAND

S. 5611--A                          3

ELEVEN,  VEHICLES PRESENTED FOR INITIAL LICENSURE MUST BE OF THE CURRENT
OR IMMEDIATELY PRECEDING MODEL YEAR.   VEHICLES  MANUFACTURED  IN  MODEL
YEAR TWO THOUSAND OR EARLIER MUST BE RETIRED FROM PARATRANSIT SERVICE NO
LATER  THAN THE EXPIRATION OF THEIR VEHICLE LICENSE OCCURRING NEXT AFTER
JANUARY FIRST, TWO THOUSAND NINE.  VEHICLES FROM MODEL YEAR TWO THOUSAND
TWO OR EARLIER MUST BE RETIRED NO LATER THAN  THEIR  LICENSE  EXPIRATION
OCCURRING  NEXT  AFTER  JANUARY  FIRST,  TWO THOUSAND TEN. VEHICLES FROM
MODEL YEAR TWO THOUSAND FOUR OR EARLIER MUST BE RETIRED  NO  LATER  THAN
THEIR  LICENSE  EXPIRATION OCCURRING NEXT AFTER JANUARY FIRST, TWO THOU-
SAND ELEVEN. BEGINNING ON JANUARY FIRST, TWO THOUSAND TWELVE, ALL  VEHI-
CLES  MUST  BE  RETIRED  NO LATER THAN SEVEN YEARS AFTER THE VEHICLE WAS
FIRST LICENSED.
  S 5.  Subdivision 1 of section 509-a of the vehicle and  traffic  law,
as  amended  by  chapter  853 of the laws of 1992, is amended to read as
follows:
  (1) bus shall mean every  motor  vehicle,  owned,  leased,  rented  or
otherwise controlled by a motor carrier, which
  (a)  is  a  school  bus as defined in section one hundred forty-two of
this chapter or has a seating capacity of more than ten adult passengers
in addition to the driver and which is used for  the  transportation  of
persons  under  the  age  of  twenty-one  or  persons of any age who are
mentally or physically disabled to a place of  vocational,  academic  or
religious  instruction  or  religious service including nursery schools,
day care centers and camps,
  (b) is required to obtain approval to operate in the state as a common
or contract carrier of passengers by motor vehicle from the commissioner
of transportation, or the interstate commerce commission,
  (c) is regulated as a bus line by a city that  has  adopted  an  ordi-
nance, local law or charter to regulate or franchise bus line operations
pursuant  to  subdivision  four  of section eighty of the transportation
law,
  (d) is regulated as a van service or other common carrier  of  passen-
gers  by motor vehicle covered under article seven of the transportation
law by a city with a population of over one million pursuant to an ordi-
nance or local law adopted  pursuant  to  subdivision  five  of  section
eighty of the transportation law [or],
  (e)  is operated by a transit authority or municipality and is used to
transport persons for hire, OR
  (F) IS A MOTOR VEHICLE FOR THE TRANSPORTATION OF DISABLED  PERSONS  OR
PERSONS  IN  NEED  OF  NON-EMERGENCY  MEDICAL TRANSPORTATION PURSUANT TO
SECTION THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW.
  Provided, however, that bus shall not  mean  an  authorized  emergency
vehicle  operated in the course of an emergency, or a motor vehicle used
in the transportation of agricultural workers to and from their place of
employment;
  S 6. Subdivision 2 of section 509-d of the vehicle and traffic law, as
added by chapter 675 of the laws of 1985, paragraph (a)  as  amended  by
chapter 164 of the laws of 2003, is amended to read as follows:
  (2) Investigations and inquiries of drivers of [school] CERTAIN buses;
maintenance  of  file;  availability to subsequent employer. (a) A motor
carrier shall request the department  to  initiate  a  criminal  history
check  for  persons  employed  as drivers of school buses, as defined in
paragraph (a) of subdivision one of section five hundred nine-a of  this
[chapter] ARTICLE, on September fourteenth, nineteen hundred eighty-five
by such motor carrier, in accordance with regulations of the commission-
er  by requiring such school bus drivers to submit to the mandated fing-

S. 5611--A                          4

erprinting procedure. The department [of motor vehicles] at the  request
of  the  motor  carrier  shall  initiate a criminal history check of all
current school bus drivers of such motor carrier as well as those  hired
on or after September fifteenth, nineteen hundred eighty-five by requir-
ing such drivers and applicants to submit to the mandated fingerprinting
procedure as part of the school bus driver qualification procedure. Such
fingerprinting  procedure and the related fee as well as a procedure for
the return of such fingerprints upon application of  a  person  who  has
terminated  employment  as  a  school bus driver shall be established in
accordance with regulations of the commissioner in consultation with the
commissioner of [the division of] criminal justice services. The fee  to
be  paid  by or on behalf of the school bus driver or applicant shall be
no more than five dollars over the cost  to  the  commissioner  for  the
criminal  history  check. No cause of action against the department, the
division of criminal justice services,  a  motor  carrier  or  political
subdivision for damages related to the dissemination of criminal history
records pursuant to this section shall exist when such department, divi-
sion,  motor carrier or political subdivision has reasonably and in good
faith relied upon the accuracy  and  completeness  of  criminal  history
information  furnished to it by qualified agencies. Fingerprints submit-
ted to the division of criminal justice services pursuant to this subdi-
vision may also be submitted to the federal bureau of investigation  for
a national criminal history record check.
  (b)  A MOTOR CARRIER SHALL REQUEST THE DEPARTMENT TO INITIATE A CRIMI-
NAL HISTORY CHECK FOR PERSONS EMPLOYED AS DRIVERS OF MOTOR VEHICLES USED
FOR THE TRANSPORTATION OF DISABLED PERSONS OR PERSONS IN NEED OF NON-EM-
ERGENCY MEDICAL TRANSPORTATION, AS PROVIDED  IN  SECTION  THREE  HUNDRED
SIXTY-FIVE-H  OF THE SOCIAL SERVICES LAW, IN ACCORDANCE WITH REGULATIONS
OF THE COMMISSIONER BY REQUIRING SUCH DRIVERS TO SUBMIT TO THE  MANDATED
FINGERPRINTING  PROCEDURE.  THE  DEPARTMENT  AT THE REQUEST OF THE MOTOR
CARRIER SHALL INITIATE A CRIMINAL HISTORY  CHECK  OF  ALL  SUCH  CURRENT
DRIVERS  OF  SUCH MOTOR CARRIER BY REQUIRING SUCH DRIVERS AND APPLICANTS
TO SUBMIT TO THE MANDATED FINGERPRINTING PROCEDURE AS PART OF THE DRIVER
QUALIFICATION PROCEDURE. SUCH FINGERPRINTING PROCEDURE AND  THE  RELATED
FEE  AS  WELL  AS  A  PROCEDURE FOR THE RETURN OF SUCH FINGERPRINTS UPON
APPLICATION OF A PERSON WHO HAS TERMINATED EMPLOYMENT AS SUCH  A  DRIVER
SHALL  BE ESTABLISHED IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER
IN CONSULTATION WITH THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES.  THE
FEE  TO  BE  PAID BY OR ON BEHALF OF THE DRIVER OR APPLICANT SHALL BE NO
MORE THAN FIVE DOLLARS OVER THE COST TO THE COMMISSIONER FOR THE  CRIMI-
NAL  HISTORY CHECK. NO CAUSE OF ACTION AGAINST THE DEPARTMENT, THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES, A MOTOR CARRIER OR POLITICAL SUBDIVI-
SION FOR DAMAGES  RELATED  TO  THE  DISSEMINATION  OF  CRIMINAL  HISTORY
RECORDS PURSUANT TO THIS SECTION SHALL EXIST WHEN SUCH DEPARTMENT, DIVI-
SION,  MOTOR CARRIER OR POLITICAL SUBDIVISION HAS REASONABLY AND IN GOOD
FAITH RELIED UPON THE ACCURACY  AND  COMPLETENESS  OF  CRIMINAL  HISTORY
INFORMATION  FURNISHED TO IT BY QUALIFIED AGENCIES. FINGERPRINTS SUBMIT-
TED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO THIS SUBDI-
VISION MAY ALSO BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION  FOR
A NATIONAL CRIMINAL HISTORY RECORD CHECK.
  (C)  After  a  motor carrier has completed the procedures set forth in
EITHER paragraph (a) OR (B) OF this [of] subdivision, it shall designate
each new [school] bus driver as a conditional [school]  bus  driver  [as
defined  in  section  five  hundred  nine-h  of this article], until the
carrier is in receipt of information of the new  [school]  bus  driver's
qualification  from the department and the required driving records from

S. 5611--A                          5

each appropriate state agency. If  the  information  received  indicates
that there is a pending criminal offense or driving violation that would
require  disqualification  of  a [school] bus driver under this article,
the  motor  carrier shall require the applicant to provide documentation
evidencing the disposition of such offense or  violation  in  accordance
with  regulations  established by the commissioner. The department, upon
notice of disqualification to an applicant, shall include in such notice
information regarding the applicant's right to appeal  and  contest  any
claimed  ground  for disqualification. Such notice shall also advise the
applicant of his or her right to obtain, examine, inspect and  copy  any
information  used  by  the department in support of its determination of
disqualification. In the event the applicant contests the existence of a
criminal conviction in his or  her  name,  such  applicant  may  provide
documentation evidencing the disposition of such offense or violation in
accordance with regulations established by the commissioner.
  S 7. Section 509-h 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-h. Operation  by  person  not licensed to drive a bus. The motor
carrier shall not knowingly permit any person to operate a bus  carrying
passengers unless the driver meets all of the requirements of this arti-
cle;  except  that a motor carrier may permit a conditional [school] bus
driver who is not otherwise disqualified under the  provisions  of  this
article  to  operate  a  bus for a period not to exceed ninety days or a
longer period if granted a written extension of such ninety  day  period
by the department pursuant to regulations established by the commission-
er.  Such  regulation shall authorize extension for at least that period
of time necessary to review information  regarding  the  prior  criminal
history of the applicant.
  S 8. Section 509-l of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
  3.  A  MOTOR CARRIER SHALL REQUIRE EVERY PERSON EMPLOYED AS THE DRIVER
OF A BUS, AS DEFINED IN PARAGRAPH (A)  OR  (F)  OF  SUBDIVISION  ONE  OF
SECTION  FIVE  HUNDRED NINE-A OF THIS ARTICLE, TO SUBMIT TO DRUG TESTING
AT THE EXPENSE OF SUCH MOTOR  CARRIER  IN  ACCORDANCE  WITH  REGULATIONS
PROMULGATED  BY  THE COMMISSIONER. ALL SUCH DRIVERS SHALL SUBMIT TO DRUG
TESTING UPON BEING HIRED AND NOT LESS OFTEN THAN ONCE EACH  YEAR  THERE-
AFTER. ANY DRIVER WHO TESTS POSITIVE FOR A CONTROLLED SUBSTANCE OR ALCO-
HOLIC  BEVERAGE  SHALL  NOT BE PERMITTED TO OPERATE SUCH A BUS. THE DRUG
TEST SHALL BE ADMINISTERED BY A PERSON OR ENTITY HOLDING  THE  REQUISITE
PERMIT  FROM  THE  DEPARTMENT  OF  HEALTH.  IN  THE EVENT THE BUS DRIVER
CONTESTS THE RESULTS OF THE DRUG TEST, THE MOTOR CARRIER SHALL ALLOW THE
DRIVER TO PROVIDE ONE ADDITIONAL SAMPLE FOR  TESTING  AT  SUCH  DRIVER'S
EXPENSE.
  S  9.  This  act  shall take effect on the sixtieth day after it shall
have become a law.