Assembly Bill A3197A

2015-2016 Legislative Session

Provides for random drug and alcohol testing of bus drivers

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-A3197 - Details

See Senate Version of this Bill:
S6626
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§509-g, 509-cc & 509-l, V & T L; amd §3623-a, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8052, S7761
2017-2018: A208, S2587

2015-A3197 - 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.

2015-A3197 - Bill Text download pdf

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

                                  3197

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Transportation

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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06355-01-5

              

2015-A3197A (ACTIVE) - Details

See Senate Version of this Bill:
S6626
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§509-g, 509-cc & 509-l, V & T L; amd §3623-a, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8052, S7761
2017-2018: A208, S2587

2015-A3197A (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.

2015-A3197A (ACTIVE) - Bill Text download pdf

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

                                 3197--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Transportation -- recommitted to the Committee  on  Transporta-
  tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  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 a new subdivision 6 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 A SCHOOL OR MUNICIPALITY THAT TRANS-
PORTS  CHILDREN  TO AND FROM SCHOOL OR ANY PERSON, CORPORATION OR ENTITY
IN CONTRACT WITH A MUNICIPALITY OR SCHOOL DISTRICT FOR THE  PURPOSES  OF
TRANSPORTING 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 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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