S T A T E   O F   N E W   Y O R K
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                                   5802
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Transportation
 
 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.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 132 to read as follows:
   § 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
 BREATHALYZER, PROVIDED THAT IN NO EVENT SHALL SUCH FEE BE MORE THAN  THE
 PRICE PAID BY SUCH BUSINESS ENTITY FOR SUCH BREATHALYZER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09908-01-9

 A. 5802                             2
 
   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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.