senate Bill S2212

2013-2014 Legislative Session

Expands the definition of "drug", for the purposes of the vehicle and traffic law, to include inhalants and certain glues

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 14, 2013 referred to transportation

Co-Sponsors

S2212 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§114-a, 509-a & 510-a, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S747
2009-2010: S4673

S2212 - Bill Texts

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Expands the definition of "drug", for the purposes of the vehicle and traffic law, to include inhalants and glues containing a solvent which releases toxic vapors and fumes; provides that the expansion of such definition expands the substances upon which a charge of the misdemeanor of driving while impaired by drugs may be based.

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BILL NUMBER:S2212

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the definition of "drug"

PURPOSE: This bill would expand the definition of drug to include
glue sniffing, or aerosol inhalation within the grounds for
drug-impaired driving.

SUMMARY OF PROVISIONS:

Sections 114-a and 510-a of the Vehicle and Traffic Law are amended to
expand the definition of the term "drug" to include any hazardous
inhalants and glue containing a solvent having the property of
releasing toxic vapors and fumes, as defined in Section 3380 of the
Public Health Law.

EXISTING LAW: Current law defines the term drug as used in this
section as any substance listed in section 3306 of the Public Health
Law, which provides for five schedules of controlled substances.

JUSTIFICATION: Amendment of the present definition of "drug" within
the meaning of the offense of driving while ability impaired by drugs
is intended to broaden the scope of the offense to include the use of
inhalants, which can impair a Person's ability to safely operate a
motor vehicle. Current law only proscribes driving while ability
impaired by drugs enumerated in drug schedules contained in Public
Health Law § 3306, including illegal and prescription drugs. This
restricted definition is problematic because driving under the
influence of other impairing substances would not violate the drugged
driving law provisions even though ability to safely operate a motor
vehicle is impeded thereby. Glue sniffing, aerosol inhalation, or the
inhalation of any toxic vapor should be included as grounds for
drug-impaired driving. The Uniform Vehicle Code of the National
Committee on Uniform Traffic Law Ordinances includes such a definition
of "drug" in its model laws.

LEGISLATIVE HISTORY: 2011,2012: S747/A.3397 Referred to
Transportation 2009,2010: S.4673/A.5286 Referred to Transportation
2007,2008: S.391/A.9867 Passed Senate 2006: S.6235 Passed Senate
2003,2004: S.2859/A.774 Passed Senate 2001,2002: S.2513/A.6645 Passed
Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect thirty days after it shall
have become a law.

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

                                  2212

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sens.  YOUNG, DeFRANCISCO, RANZENHOFER -- 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 defi-
  nition of "drug"

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

  Section  1.  Section 114-a of the vehicle and traffic law, as added by
chapter 163 of the laws of 1973, is amended to read as follows:
  S 114-a. Drug. The term "drug" when used in this  chapter,  means  and
includes any substance listed in section thirty-three hundred six of the
public  health  law,  AND  ANY HAZARDOUS INHALANTS AND GLUE CONTAINING A
SOLVENT HAVING THE PROPERTY OF RELEASING  TOXIC  VAPORS  AND  FUMES,  AS
DEFINED IN SECTION THIRTY-THREE HUNDRED EIGHTY OF SUCH LAW.
  S 2. Subdivision 5 of section 509-a of the vehicle and traffic law, as
added by chapter 675 of the laws of 1985, is amended to read as follows:
  (5)  drug  shall  mean  any  substance  listed in section thirty-three
hundred six of the public health law not dispensed or consumed  pursuant
to  a lawful prescription, AND ANY HAZARDOUS INHALANTS AND GLUE CONTAIN-
ING A SOLVENT HAVING THE PROPERTY OF RELEASING TOXIC VAPORS  AND  FUMES,
AS DEFINED IN SECTION THIRTY-THREE HUNDRED EIGHTY OF SUCH LAW;
  S 3. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended  by  section  4 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
  1.  Revocation. A commercial driver's license shall be revoked by  the
commissioner  whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of  a  motor  vehicle  except  a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny  involving  manufacturing,  distributing  or  dispensing  a  drug [as
defined in], WHICH, NOTWITHSTANDING section one  hundred  fourteen-a  of
this  chapter,  SHALL  MEAN  AND INCLUDE ANY SUBSTANCE LISTED IN SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06491-01-3

S. 2212                             2

THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, or possession of  any
such  drug  with intent to manufacture, distribute or dispense such drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial  motor  vehicle,  the  driver's  commercial
driver's  license  is  revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor  vehicle;  (e)  has  been
convicted  of  causing  a  fatality through the negligent operation of a
commercial motor vehicle, including but not limited  to  the  crimes  of
vehicular  manslaughter  or  criminally  negligent  homicide; or (f) the
commissioner determines that the  holder  has  made  a  false  statement
regarding  information: (i) required by the federal motor carrier safety
improvement act of 1999 and Subpart J of Part 383 of  title  49  of  the
code  of  federal  regulations relating to a commercial driver's license
document in an application  for  a  commercial  driver's  license;  (ii)
required by the federal motor carrier safety improvement act of 1999 and
Part  383.71  (a) and (g) of title 49 of the code of federal regulations
relating to an initial commercial driver's license or  existing  commer-
cial  driver's  license  holder's self-certification in any of the self-
certifications regarding the type of driving engaged or to be engaged in
by the holder or regarding the non-applicability  to the holder  of  the
physical  qualification requirements of the federal motor carrier safety
improvement act of 1999 and Part 391 of title 49 of the code of  federal
regulations  relating to qualifications of drivers; or (iii) required by
the federal motor carrier  safety  improvement  act  of  1999  and  Part
383.71(h)  of  title  49  of the code of federal regulations relating to
commercial driver's license requirements in any medical certificate.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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