NY State Senate Bill 2017-S5865

Senate Bill S5865

2017-2018 Legislative Session

Provides for the permanent disqualification of school bus drivers who fail a random alcohol or drug test in certain cases

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Archive: Last Bill Status - In Senate Committee Transportation 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation returned to senate died in assembly
Jun 15, 2017	referred to transportation delivered to assembly passed senate
Jun 14, 2017	ordered to third reading cal.1653 committee discharged and committed to rules
May 03, 2017	referred to transportation

Votes

- Jun 15, 2017 - Floor Vote
  S5865
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Diaz
      
      Marcellino
  Jun 14, 2017 - Rules Committee Vote
  S5865
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2017
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Montgomery

co-Sponsors

2017-S5865 (ACTIVE) - Details

See Assembly Version of this Bill:: A1019
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §509-cc, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1222
2011-2012: A1299
2013-2014: A1428
2015-2016: A546
2019-2020: S1186, A2615
2021-2022: S1220
2023-2024: S5428

2017-S5865 (ACTIVE) - Summary

Provides for the permanent disqualification of school bus drivers who fail a random alcohol or drug test in certain cases, under the code of federal regulations, where they have previously failed such test or met comparable criteria.

2017-S5865 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5865

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to the permanent disqualification of school bus drivers for
failing a random alcohol or drug test

 PURPOSE :

To protect the safety of school children and the motoring public.

 SUMMARY OF PROVISIONS :

This bill provides for the permanent disqualification of school bus
drivers who fail a random drug or alcohol test administered according
to federal rules and regulations, if such drivers have, in the
preceding five years, failed a previous random drug or alcohol test,
or refused to submit to a chemical test, or been convicted of DWI or
DWAI.

The bill allows DMV to waive the permanent disqualification after five
years, if the individual has not been convicted of any additional
DWI/DWAI charges, and the individual submits acceptable documentation
to the Commissioner either that he or she is not in need of alcohol or
drug treatment or has satisfactorily completed a prescribed course of
treatment.

 JUSTIFICATION :

The safety of the thousands of children who ride a school bus to
school every day is a critical concern. According to the National
Highway Traffic Safety Administration, nationwide since 1986, 283
school-aged pedestrians have died in school bus-related crashes.
Nearly, two-thirds 763%) were killed by school buses, 5% by vehicles
functioning as school buses, and 33% by other vehicles involved in
crashes. One half of all school-age pedestrians killed in school
bus-related crashes were between the ages of five and seven.

New York State has an excellent school bus safety record. In the
1994-95 school year alone, close to 2.3 million students were
transported, and school buses logged over 400 million miles.
Significant safety measures have been enacted, yet there have been a
number of recent incidents involving school bus drivers operating
while under the influence of alcohol or drugs.

Federal law and regulation requires that any individual holding a
commercial driver's license (CDL) submit to random drug and alcohol
testing. These tests are administered either just before, during, or
just after the performance of a safety sensitive function, in this
case, operating a school bus. Persons who fail such random tests with
either a .04% BAC for alcohol or a positive result for controlled
substances are immediately removed from driving responsibilities and
referred for evaluation and treatment.

Before such a driver can return to duty, (s)he must be evaluated by a
substance abuse professional, successfully complete a rehabilitation
program, and undergo a return-to-duty alcohol test or a controlled
substances test with verified negative results. Such driver also is
subject to unannounced follow-up alcohol and controlled substances
testing consisting of at least six tests within 12 months.

While most drivers do an excellent job under often difficult
situations, we should reduce the risk posed by those individuals who
have proven that they have a problem that could place students and
other users of the highways in serious jeopardy, either through the
failure of a previous random drug or alcohol test, a previous refusal

to submit to a chemical test, or a previous conviction for DWI or
DWAI.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
September first after it shall have become a law.

2017-S5865 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5865
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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  perma-
   nent disqualification of school bus drivers for failing a random alco-
   hol or drug test

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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) WAS FOUND TO HAVE .04 OF ONE PER CENTUM  OR  MORE  BY  WEIGHT  OF
 ALCOHOL  IN  SUCH  PERSON'S  BLOOD  OR  A POSITIVE TEST FOR A CONTROLLED
 SUBSTANCE AS SHOWN BY A RANDOM ALCOHOL AND  CONTROLLED  SUBSTANCES  TEST
 ADMINISTERED  IN  ACCORDANCE  WITH  PART  382 OF TITLE 49 OF THE CODE OF
 FEDERAL REGULATIONS, AS SUCH REGULATIONS MAY,  FROM  TIME  TO  TIME,  BE
 AMENDED; AND
   (1)  SUCH PERSON WAS FOUND WITHIN THE PRECEDING FIVE YEARS TO HAVE .04
 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD OR
 A POSITIVE TEST FOR A CONTROLLED SUBSTANCE AS SHOWN BY A RANDOM  ALCOHOL
 AND  CONTROLLED SUBSTANCES TEST ADMINISTERED IN ACCORDANCE WITH PART 382
 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS MAY,
 FROM TIME TO TIME, BE AMENDED; OR
   (2) SUCH PERSON HAS HAD A PRIOR REVOCATION OF THEIR  DRIVER'S  LICENSE
 RESULTING FROM REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SUBDIVI-
 SION  TWO  OF  SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER WITHIN
 THE PRECEDING FIVE YEARS; OR
   (3) SUCH PERSON HAS BEEN CONVICTED OF A VIOLATION OF  ANY  SUBDIVISION
 OF  SECTION  ELEVEN  HUNDRED NINETY-TWO OF THIS CHAPTER NOT ARISING FROM
 THE SAME INCIDENT, WITHIN THE PRECEDING FIVE YEARS.  PROVIDED,  HOWEVER,
 THE COMMISSIONER MAY WAIVE SUCH DISQUALIFICATION AS PROVIDED FOR IN THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01468-01-7

 S. 5865                             2
 
 SUBPARAGRAPH  AFTER  A PERIOD OF FIVE YEARS HAS EXPIRED FROM THE DATE OF
 SUCH DISQUALIFICATION PROVIDED:
   (A)  THAT  DURING SUCH FIVE YEAR PERIOD SUCH PERSON HAS NOT BEEN FOUND
 TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINE-
 TY-FOUR OF THIS CHAPTER AND HAS NOT BEEN CONVICTED OF ANY  VIOLATION  OF
 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER; AND
   (B)  THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
 SIONER THAT SUCH PERSON IS NOT IN NEED OF ALCOHOL OR DRUG  TREATMENT  OR
 HAS SATISFACTORILY COMPLETED A PRESCRIBED COURSE OF SUCH TREATMENT; OR
   § 2. 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 WAS FOUND TO HAVE .04 OF ONE PER
 CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD OR A POSITIVE
 TEST FOR A CONTROLLED  SUBSTANCE  AS  SHOWN  BY  A  RANDOM  ALCOHOL  AND
 CONTROLLED  SUBSTANCES  TEST ADMINISTERED IN ACCORDANCE WITH PART 382 OF
 TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS  SUCH  REGULATIONS  MAY,
 FROM TIME TO TIME, BE AMENDED; AND
   (I)  SUCH PERSON WAS FOUND WITHIN THE PRECEDING FIVE YEARS TO HAVE .04
 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD OR
 A POSITIVE TEST FOR A CONTROLLED SUBSTANCE AS SHOWN BY A RANDOM  ALCOHOL
 AND  CONTROLLED SUBSTANCES TEST ADMINISTERED IN ACCORDANCE WITH PART 382
 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS MAY,
 FROM TIME TO TIME, BE AMENDED; OR
   (II) SUCH PERSON HAS HAD A PRIOR REVOCATION OF THEIR DRIVER'S  LICENSE
 RESULTING FROM REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SUBDIVI-
 SION  TWO  OF  SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER WITHIN
 THE PRECEDING FIVE YEARS; OR
   (III) SUCH PERSON HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION
 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER  NOT  ARISING  FROM
 THE  SAME  INCIDENT, WITHIN THE PRECEDING FIVE YEARS. PROVIDED, HOWEVER,
 THE COMMISSIONER MAY WAIVE SUCH DISQUALIFICATION  AS  PROVIDED  IN  THIS
 PARAGRAPH AFTER A PERIOD OF FIVE YEARS HAS EXPIRED FROM THE DATE OF SUCH
 DISQUALIFICATION PROVIDED:
   (A)  THAT  DURING SUCH FIVE YEAR PERIOD SUCH PERSON HAS NOT BEEN FOUND
 TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINE-
 TY-FOUR OF THIS CHAPTER AND HAS NOT BEEN CONVICTED OF ANY  VIOLATION  OF
 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER; AND
   (B)  THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
 SIONER THAT SUCH PERSON IS NOT IN NEED OF ALCOHOL OR DRUG  TREATMENT  OR
 HAS SATISFACTORILY COMPLETED A PRESCRIBED COURSE OF SUCH TREATMENT.
   §  3.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.

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Senate Bill S5865

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Sponsored By

Patty Ritchie