S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5311
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend  the transportation law, in relation to regulation of
   party buses; to amend the vehicle and  traffic  law,  in  relation  to
   establishing  a  party  bus  endorsement  for drivers licenses; and to
   amend the penal law, in relation to unlawfully dealing with a child in
   the first degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2 of the transportation law is amended by adding a
 new subdivision 20-a to read as follows:
   20-A. "PARTY BUS" MEANS ANY MOTOR VEHICLE HAVING A CAPACITY OF  TWENTY
 OR  MORE  PASSENGERS,  OPERATED  BY  A CONTRACT CARRIER OF PASSENGERS BY
 MOTOR VEHICLE, WITHIN WHICH PASSENGERS  ARE  CAPABLE  AND  PERMITTED  TO
 REGULARLY STAND AND CIRCULATE THROUGHOUT THE VEHICLE, AND IN WHICH FOOD,
 BEVERAGES AND ENTERTAINMENT MAY BE PROVIDED OR SOLD TO SUCH PASSENGERS.
   §  2. The transportation law is amended by adding a new section 160 to
 read as follows:
   § 160. REGULATION OF PARTY BUSES. 1. THE PROVISIONS  OF  THIS  SECTION
 SHALL  APPLY  TO THE OPERATION OF ANY PARTY BUS IN WHICH ALL THE PASSEN-
 GERS, EXCLUDING THE DRIVER AND ANY CHAPERONES,  ARE  UNDER  THE  AGE  OF
 TWENTY-ONE YEARS.
   2.  NO  CONTRACT  CARRIER OF PASSENGERS BY MOTOR VEHICLE SHALL ALLOW A
 PARTY BUS, SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, TO BE  OPERATED
 BY A DRIVER WHO DOES NOT HOLD A PARTY BUS ENDORSEMENT ISSUED PURSUANT TO
 SUBPARAGRAPH  (XI)  OF  PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION FIVE
 HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW.
   3. EVERY PARTY BUS, SPECIFIED IN  SUBDIVISION  ONE  OF  THIS  SECTION,
 SHALL  BE  EQUIPPED  WITH  A WARNING SYSTEM WHICH PROVIDES NOTICE TO THE
 DRIVER OF SUCH BUS AND THOSE ADJACENT  TO  ANY  DOOR,  WINDOW  OR  OTHER
 ACCESS  PORTAL  TO  THE  EXTERIOR  OF SUCH BUS THAT SUCH DOOR, WINDOW OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08880-01-9

 A. 5311                             2
 
 OTHER ACCESS PORTAL HAS BEEN OPENED  IN  AN  UNAUTHORIZED  MANNER.  SUCH
 WARNING  SYSTEM SHALL CAUSE AN AUDIBLE ALARM TO SOUND AND A RED LIGHT TO
 ILLUMINATE ON THE DRIVING DASHBOARD OF THE BUS WHEN ACTIVATED AND CAN BE
 SEEN AND HEARD BY THOSE NEAR SUCH DOOR, WINDOW OR PORTAL.
   4.  EVERY  PARTY  BUS,  SPECIFIED  IN SUBDIVISION ONE OF THIS SECTION,
 SHALL PRIOR TO DEPARTING ITS POINT OF ORIGIN AND DURING THE ENTIRETY  OF
 THE  PROVISION  OF  THE TRANSPORTATION AND SERVICES BY THE PARTY BUS, BE
 STAFFED WITH NOT LESS THAN ONE CHAPERONE, OVER  THE  AGE  OF  TWENTY-ONE
 YEARS  OF AGE, FOR EACH TWENTY PASSENGERS UNDER AGE OF TWENTY-ONE YEARS;
 PROVIDED, HOWEVER, THAT IF SUCH PARTY BUS HAS MORE  THAN  ONE  LEVEL  OR
 FLOOR,  EACH  LEVEL OR FLOOR SHALL BE STAFFED BY AT LEAST ONE CHAPERONE.
 CHAPERONES SHALL BE PROVIDED BY THE CONTRACT CARRIER  AND/OR  THE  PARTY
 CONTRACTING  FOR  THE PARTY BUS. UNDER NO CIRCUMSTANCES SHALL THE DRIVER
 OF A PARTY BUS BE DESIGNATED AS A CHAPERONE.
   5. UPON VIOLATION OF ANY PROVISION OF THIS SECTION OR ANY  OTHER  LAW,
 RULE OR REGULATION BY THE PASSENGERS OF A PARTY BUS, SPECIFIED IN SUBDI-
 VISION  ONE OF THIS SECTION, THE DRIVER THEREOF SHALL IMMEDIATELY RETURN
 TO THE POINT OF  ORIGIN  OF  THE  TRANSPORTATION.  COMPLIANCE  WITH  THE
 PROVISIONS  OF THIS SUBDIVISION SHALL GRANT THE PARTY BUS DRIVER AND THE
 CONTRACT CARRIER OF PASSENGERS BY MOTOR  VEHICLE  WITH  BOTH  CIVIL  AND
 CRIMINAL IMMUNITY FOR ANY SUCH VIOLATIONS AND BREACH OF CONTRACT.
   6.  THE CONTRACT FOR THE PROVISION OF TRANSPORTATION AND SERVICES BY A
 PARTY BUS, AS SPECIFIED  IN  SUBDIVISION  ONE  OF  THIS  SECTION,  SHALL
 INCLUDE  THEREIN  THE  PROVISIONS  OF THIS SECTION, ALL SAFETY RULES FOR
 SUCH BUSES, AND THAT THE PASSENGERS UNDER THE AGE OF TWENTY-ONE YEARS OF
 AGE SHALL BE PROHIBITED FROM CONSUMING OR POSSESSING ALCOHOLIC  BEVERAG-
 ES,  CONTROLLED  SUBSTANCES OR MARIHUANA. SUCH CONTRACT SHALL INCLUDE AN
 ATTESTATION THAT ANY PARTY ALLOWING ANY VIOLATION THEREOF  MAY  BE  HELD
 BOTH  CIVILLY AND CRIMINALLY LIABLE. EVERY SUCH CONTRACT SHALL BE SIGNED
 BY THE CONTRACTING PARTY, THE CONTRACT CARRIER OF  PASSENGERS  BY  MOTOR
 VEHICLE AND THE DRIVER OF THE PARTY BUS.
   7.  PRIOR  TO  THE  DEPARTURE FROM THE POINT OF ORIGIN OF A PARTY BUS,
 SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, THE  CONTRACT  CARRIER  OF
 PASSENGERS  BY  MOTOR  VEHICLE  SHALL READ A STATEMENT TO ALL PASSENGERS
 RELATING TO REQUIREMENTS OF THIS SECTION AND ALL OTHER  SAFETY  FEATURES
 AND REQUIREMENTS OF SUCH PARTY BUS.
   8.   EVERY CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE WHICH OPER-
 ATES ONE OR MORE  PARTY  BUSES  SHALL  CONSPICUOUSLY  POST  ITS  FEDERAL
 DEPARTMENT  OF  TRANSPORTATION REGISTRATION NUMBER AND ITS PERMIT NUMBER
 ISSUED BY THE DEPARTMENT PURSUANT TO THIS ARTICLE UPON EACH OF ITS:
   (A) PRINTED AND ELECTRONIC ADVERTISEMENTS WHICH ADVERTISE A PARTY  BUS
 OR PARTY BUSES;
   (B)  INTERNET  WEBSITES  WHICH  OFFER  A  PARTY BUS OR PARTY BUSES FOR
 LEASE, RENTAL OR CHARTER; AND
   (C) PARTY BUSES.
   9. UPON THE OCCASION OF THREE OR MORE VIOLATIONS OF THE PROVISIONS  OF
 THIS  SECTION  OR  ANY RULES AND REGULATION ADOPTED PURSUANT THERETO, OR
 ANY OTHER PROVISION OF LAW RELATING TO PARTY BUSES BY  CONTRACT  CARRIER
 OF  PASSENGERS  BY  MOTOR  VEHICLE OR ANY OF ITS DRIVERS, SUCH CARRIER'S
 PERMIT SHALL BE SUSPENDED BY THE COMMISSIONER FOR A PERIOD OF  NOT  LESS
 THAN SIX MONTHS.
   §  3. Paragraph (b) of subdivision 2 of section 501 of the vehicle and
 traffic law is amended by adding a new  subparagraph  (xi)  to  read  as
 follows:
   (XI)  PARTY  BUS ENDORSEMENT. SHALL BE REQUIRED TO OPERATE A PARTY BUS
 PURSUANT TO SECTION ONE HUNDRED SIXTY OF THE TRANSPORTATION LAW.

 A. 5311                             3
 
   § 4. Section 501 of the vehicle and traffic law is amended by adding a
 new subdivision 7 to read as follows:
   7.  PARTY BUS ENDORSEMENT. THE COMMISSIONER OF TRANSPORTATION SHALL BY
 RULE ESTABLISH THE REQUIREMENTS AND COURSE OF INSTRUCTION FOR THE GRANT-
 ING OF PARTY BUS ENDORSEMENTS.
   § 5. Paragraph (a) of subdivision 2 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 520 of the laws of 1991, is amended
 to read as follows:
   (a) An applicant for a class A license or for  a  commercial  driver's
 license  which  contains an H [or], an X  OR A PARTY BUS endorsement, or
 which is valid for operation in interstate commerce shall  be  at  least
 twenty-one years of age.
   § 6. Section 260.20 of the penal law, as amended by chapter 362 of the
 laws  of  1992  and the third undesignated paragraph as added by chapter
 435 of the laws of 2010, is amended to read as follows:
 § 260.20 Unlawfully dealing with a child in the first degree.
   A person is guilty of unlawfully dealing with a  child  in  the  first
 degree when:
   1. He OR SHE knowingly permits a child less than eighteen years old to
 enter  or  remain  in  or  upon a place, premises or establishment where
 sexual activity as defined by article one hundred  thirty,  two  hundred
 thirty  or two hundred sixty-three of this chapter or activity involving
 controlled substances as defined by article two hundred twenty  of  this
 chapter  or  involving marihuana as defined by article two hundred twen-
 ty-one of this chapter is maintained or conducted, and he OR  SHE  knows
 or  has  reason  to  know  that  such  activity  is  being maintained or
 conducted; or
   2. He OR SHE gives or sells or causes to be given or sold any alcohol-
 ic beverage, as defined by  section  three  of  the  alcoholic  beverage
 control  law,  to  a  person less than twenty-one years old; except that
 this subdivision does not apply to the parent  or  guardian  of  such  a
 person or to a person who gives or causes to be given any such alcoholic
 beverage to a person under the age of twenty-one years, who is a student
 in  a  curriculum  licensed or registered by the state education depart-
 ment, where the tasting or imbibing of alcoholic beverages  is  required
 in courses that are part of the required curriculum, provided such alco-
 holic beverages are given only for instructional purposes during classes
 conducted pursuant to such curriculum.
   It is no defense to a prosecution pursuant to THIS subdivision [two of
 this  section]  that  the  child acted as the agent or representative of
 another person or that the defendant dealt with the child as such.
   It is an affirmative defense to a prosecution pursuant to THIS  subdi-
 vision  [two  of this section] that the defendant who sold, caused to be
 sold or attempted to sell such alcoholic beverage to a person less  than
 twenty-one  years  old,  had  not  been,  at  the  time  of such sale or
 attempted sale, convicted of a violation  of  this  section  or  section
 260.21  of  this  article  within  the  preceding  five years[, and such
 defendant, subsequent to the commencement of  the  present  prosecution,
 has completed an alcohol training awareness program established pursuant
 to  subdivision  twelve  of  section seventeen of the alcoholic beverage
 control law]. A defendant otherwise qualifying pursuant  to  this  para-
 graph  may request and shall be afforded a reasonable adjournment of the
 proceedings to enable him or  her  to  complete  such  alcohol  training
 awareness program[.]; OR
   3.  HE  OR  SHE,  BEING  THE DRIVER OF OR A CHAPERONE UPON A PARTY BUS
 PURSUANT TO SECTION ONE HUNDRED SIXTY OF THE TRANSPORTATION  LAW,  KNOW-

 A. 5311                             4
 
 INGLY PERMITS ANY PERSON LESS THAN TWENTY-ONE YEARS OF AGE TO POSSESS OR
 CONSUME ANY ALCOHOLIC BEVERAGE, AS DEFINED IN SECTION THREE OF THE ALCO-
 HOLIC BEVERAGE CONTROL LAW, OR ANY CONTROLLED SUBSTANCE OR MARIHUANA, AS
 DEFINED IN SECTION 220.00 OF THIS CHAPTER.
   Unlawfully  dealing  with  a  child  in  the first degree is a class A
 misdemeanor.
   § 6-a. The third undesignated paragraph of section 260.20 of the penal
 law, as amended by section six of  this  act,  is  amended  to  read  as
 follows:
   It  is an affirmative defense to a prosecution pursuant to this subdi-
 vision that the defendant who sold, caused to be sold  or  attempted  to
 sell such alcoholic beverage to a person less than twenty-one years old,
 had not been, at the time of such sale or attempted sale, convicted of a
 violation  of  this section or section 260.21 of this article within the
 preceding five years, AND SUCH DEFENDANT, SUBSEQUENT TO THE COMMENCEMENT
 OF THE PRESENT PROSECUTION, HAS COMPLETED AN ALCOHOL TRAINING  AWARENESS
 PROGRAM  ESTABLISHED PURSUANT TO SUBDIVISION TWELVE OF SECTION SEVENTEEN
 OF THE ALCOHOLIC BEVERAGE CONTROL LAW.  A defendant otherwise qualifying
 pursuant to this paragraph may request and shall be afforded  a  reason-
 able  adjournment  of  the  proceedings to enable him or her to complete
 such alcohol training awareness program; or
   § 7. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that section six-a of this act shall take effect upon the expiration  of
 section  17 of the alcoholic beverage control law as provided in section
 4 of chapter 118 of the laws of 2012, as amended.  Effective immediately
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.