senate Bill S5503A

2013-2014 Legislative Session

Provides for random drug and alcohol testing of bus drivers

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2013 print number 5503a
amend (t) and recommit to finance
May 30, 2013 reported and committed to finance
May 16, 2013 referred to transportation

Votes

view votes

May 30, 2013 - Transportation committee Vote

S5503
14
0
committee
14
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Co-Sponsors

S5503 - Details

See Assembly Version of this Bill:
A8052
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§509-g, 509-cc, & 509-l, V & T L; amd §3623-a, Ed L

S5503 - 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.

S5503 - Sponsor Memo

S5503 - Bill Text download pdf

                    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

Co-Sponsors

S5503A (ACTIVE) - Details

See Assembly Version of this Bill:
A8052
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§509-g, 509-cc, & 509-l, V & T L; amd §3623-a, Ed L

S5503A (ACTIVE) - 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.

S5503A (ACTIVE) - Sponsor Memo

S5503A (ACTIVE) - Bill Text download pdf

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

                                 5503--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sens. FUSCHILLO, LARKIN, MAZIARZ -- read twice and ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation -- reported favorably from said committee and  committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

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:

  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 SHALL BE
REQUIRED TO ADMINISTER RANDOM DRUG AND ALCOHOL TESTS TO ALL DRIVERS,  AS
DEFINED BY SECTION FIVE HUNDRED NINE-A OF THIS ARTICLE, OF SCHOOL BUSES,
AS  DEFINED BY SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER, REGARDLESS
OF COMMERCIAL DRIVER'S LICENSE ENDORSEMENT. FOR  THE  PURPOSES  OF  THIS
SECTION "MOTOR CARRIERS" SHALL MEAN ANY PERSON, CORPORATION OR ENTITY IN
CONTRACT  WITH  A  MUNICIPALITY  OR  SCHOOL DISTRICT FOR THE PURPOSES OF
TRANSPORTING CHILDREN TO AND FROM SCHOOL, OR A  MUNICIPALITY  OR  SCHOOL
DISTRICT THAT TRANSPORTS CHILDREN TO AND FROM SCHOOL.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11136-06-3

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