senate Bill S5503A

2013-2014 Legislative Session

Provides for random drug and alcohol testing of bus drivers

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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
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

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5503 - Bill Details

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

S5503 - Bill Texts

view 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.

view 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.

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                    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.

Co-Sponsors

S5503A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8052
Current Committee:
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) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5503A

TITLE OF BILL: An act to amend the vehicle and traffic law and the
education 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. Amends subparagraph 6 of subdivision 1 of section 3623-a of
the education law to ensure that the cost of random drug and alcohol
test are eligible for transportation aid

Section 8. 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 full 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

S. 5503--A                          2

  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:
  (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]  SUBSTANCES  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 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 hours, OR EIGHT HOURS  WHEN
SUCH  DRIVER  OPERATES  A  SCHOOL  BUS AS DEFINED BY SECTION ONE HUNDRED
FORTY-TWO OF THIS CHAPTER.
  S 7. Subparagraph 6 of paragraph e of subdivision 1 of section  3623-a
of  the  education  law, as added by chapter 474 of the laws of 1996, is
amended to read as follows:
  (6) costs incurred by the employer for  qualifying  criminal  history,
drivers  license,  or  other  required  testing  attributable to special

S. 5503--A                          3

requirements for drivers of school buses pursuant to  state  or  federal
law INCLUDING RANDOM DRUG AND ALCOHOL TESTING AS REQUIRED UNDER SUBDIVI-
SION  SIX  AND  SUBDIVISION  SEVEN OF SECTION FIVE HUNDRED NINE-G OF THE
VEHICLE AND TRAFFIC LAW;
  S 8. 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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