Provides for pre-employment and 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A208E
SPONSOR: Lupardo TITLE OF BILL: An act to amend the vehicle and traffic law and the
education law, in relation to pre-employment and random drug and alcohol
testing of school bus drivers
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that all school bus drivers are subject to random drug and
alcohol testing regardless of their commercial driver's endorsement and
to increase the pool for random testing to 100% of the school bus driv-
ers employed by a motor carrier. In addition, it increases the ban on
consuming alcohol prior to operating a school bus from six to eight
hours.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Adds a new subdivision 6 to section 509-g of the Vehicle and
Traffic Law to require all school bus drivers to be subject to a random
drug and alcohol test regardless of school bus size and commercial
license endorsement. The testing shall conform to Federal testing
requirements.
Sections 2. Amend section 509-1 of the Vehicle and Traffic Law to
increase the prohibited time for consumption of alcohol prior to operat-
ing a school bus from six to eight hours.
Section 3. Amends subparagraph 6 of subdivision I of section 3623-a of
the Education Law to ensure that the cost of random drug and alcohol
tests are eligible for school transportation aid.
Section 4. Effective date.
JUSTIFICATION:
Since October 2012, there have been at least four incidents in which
drivers were arrested for operating a school bus while intoxicated,
including one in which the driver crashed his bus with five young
students on board into a Syosset home. Parents entrust their children's
lives and safety to school bus drivers; they have every right to expect
and demand that the bus driver is sober. While the vast majority of
school bus drivers take their responsibilities very seriously, we have
seen others abuse parents' trust and endanger children by driving drunk.
Currently, only 10% of bus drivers employed by a motor carrier are
subject to random drug and alcohol testing, and drivers of buses that
carry less than 16 passengers are not required to take any type of drug
and alcohol testing. This legislation will strengthen current oversight
of school bus drivers by ensuring that all drivers are subject to random
drug and alcohol testing regardless of their commercial driver's
endorsement and increasing the pool for random testing to 100% of the
drivers employed by a motor carrier.
PRIOR LEGISLATIVE HISTORY:
2016: S. 6626 Passed Senate/ A. 3197-Transportation
2015: S. 2147 Passed Senate / No Same As
2014: S. 7761 Senate Transportation Committee / No Same As
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law. Effective immediately, the Commissioner of Motor
Vehicles may add, amend, or repeal any rule or regulation necessary to
timely implement the provisions of this act on its effective date.
