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

                                  5947

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by M. of A. ORTIZ, JOHNS, HOOPER -- Multi-Sponsored by -- M.
  of A. SEPULVEDA -- read once and referred to the Committee  on  Trans-
  portation

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  persons convicted of an  alcohol  related  driving  offense  to  carry
  disposable  breathalyzers; and to amend the alcoholic beverage control
  law, in relation to requiring certain establishments to  make  dispos-
  able breathalyzers available to customers

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

  Section 1. Section 1193 of the vehicle and traffic law is  amended  by
adding a new subdivision 3 to read as follows:
  3. DISPOSABLE BREATHALYZERS. IN ADDITION TO THE IMPOSITION OF ANY FINE
OR  PERIOD  OF  IMPRISONMENT  SET FORTH IN THIS SECTION, THE COURT SHALL
ALSO REQUIRE SUCH PERSON CONVICTED OF A VIOLATION OF  ANY  PROVISION  OF
SECTION ELEVEN HUNDRED NINETY-TWO OR ELEVEN HUNDRED NINETY-TWO-A OF THIS
ARTICLE  TO  CARRY NO FEWER THAN TWO SINGLE USE DISPOSABLE BREATHALYZERS
IN ANY MOTOR VEHICLE SUCH PERSON IS OPERATING FOR A PERIOD OF TEN  YEARS
FROM  THE DATE OF SUCH CONVICTION.  ANY PERSON SUBJECT TO THE PROVISIONS
OF THIS SUBDIVISION WHO OPERATES A MOTOR VEHICLE IN  VIOLATION  OF  THIS
SUBDIVISION  SHALL  BE  SUBJECT  TO A CIVIL PENALTY OF NOT MORE THAN TWO
HUNDRED FIFTY DOLLARS.
  S 2. The alcoholic beverage control law is amended  by  adding  a  new
section 132 to read as follows:
  S  132.  DISPOSABLE  BREATHALYZERS.  1. ANY PERSON, FIRM, PARTNERSHIP,
ASSOCIATION, CORPORATION OR OTHER BUSINESS ENTITY DOING BUSINESS IN THIS
STATE WHO HOLDS ANY LICENSE TO SELL ALCOHOLIC BEVERAGES  AT  RETAIL  FOR
CONSUMPTION  ON THE PREMISES SHALL MAKE A SINGLE USE DISPOSABLE BREATHA-
LYZER AVAILABLE TO ANY CUSTOMER AT SUCH PREMISES FOR USE BY SUCH CUSTOM-
ER UPON REQUEST. SUCH BUSINESS ENTITY MAY CHARGE A NOMINAL FEE FOR  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03658-01-5

              

A. 5947                             2

BREATHALYZER,  PROVIDED THAT IN NO EVENT SHALL SUCH FEE BE MORE THAN THE
PRICE PAID BY SUCH BUSINESS ENTITY FOR SUCH BREATHALYZER.
  2.  ANY  PERSON,  FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER
BUSINESS ENTITY WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.