Amd SS509-g, 509-cc & 509-l, V & T L; amd S3623-a, Ed L
Provides for 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.
STATE OF NEW YORK
________________________________________________________________________
7761
IN SENATE
June 5, 2014
___________
Introduced by Sen. FLANAGAN -- 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 and the education law, in
relation to random drug and alcohol testing of bus drivers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 509-g of the vehicle and traffic law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. Random drug and alcohol testing. (a) All motor carriers shall be
4 required to administer random drug and alcohol tests to all drivers, as
5 defined by section five hundred nine-a of this article, of school buses,
6 as defined by section one hundred forty-two of this chapter, regardless
7 of commercial driver's license endorsement. For the purposes of this
8 section "motor carriers" shall mean a school or municipality that trans-
9 ports children to and from school or any person, corporation or entity
10 in contract with a municipality or school district for the purposes of
11 transporting children to and from school.
12 (b) (i) Failure of a random drug and alcohol test by a driver shall be
13 reported to the commissioner of motor vehicles by the motor carrier
14 immediately upon notification of failure;
15 (ii) the driver shall be disqualified from operating a school bus for
16 the period of one year pursuant to paragraph (h) of subdivision one and
17 paragraph (i) of subdivision two of section five hundred nine-cc of this
18 article.
19 § 2. Paragraph (a) of subdivision 1 of section 509-cc of the vehicle
20 and traffic law is amended by adding a new subparagraph (iv) to read as
21 follows:
22 (iv) has been convicted of a violation of subdivision one, two, three,
23 four or four-a of section eleven hundred ninety-two of this chapter
24 wherein the violator is operating a school bus as defined in section one
25 hundred forty-two of this chapter and such school bus is carrying at
26 least one student passenger; or
27 § 3. Subdivision 2 of section 509-cc of the vehicle and traffic law is
28 amended by adding a new paragraph (b-1) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15507-01-4
S. 7761 2
1 (b-1) permanently, if that person has been convicted of a violation of
2 subdivision one, two, three, four or four-a of section eleven hundred
3 ninety-two of this chapter wherein the violator is operating a school
4 bus as defined in section one hundred forty-two of this chapter and such
5 school bus is carrying at least one student passenger.
6 § 4. Subdivision 1 of section 509-cc of the vehicle and traffic law is
7 amended by adding a new paragraph (h) to read as follows:
8 (h) for a period of one year, if that person fails to pass a drug and
9 alcohol test pursuant to section five hundred nine-g of this article.
10 § 5. Subdivision 2 of section 509-cc of the vehicle and traffic law is
11 amended by adding a new paragraph (i) to read as follows:
12 (i) for a period of one year, if that person fails to pass a drug and
13 alcohol test pursuant to section five hundred nine-g of this article.
14 § 6. Section 509-l of the vehicle and traffic law, as amended by chap-
15 ter 675 of the laws of 1985, is amended to read as follows:
16 § 509-l. Drugs, controlled [substance] substances and intoxicating
17 liquor. 1. No person shall:
18 (a) consume a drug, controlled substance or an intoxicating liquor,
19 regardless of its alcoholic content, or be under the influence of an
20 intoxicating liquor or drug, within six hours before going on duty or
21 operating, or having physical control of a bus, or
22 (b) consume a drug, controlled substance or an intoxicating liquor,
23 regardless of its alcoholic content while on duty, or operating, or in
24 physical control of a bus, or
25 (c) possess a drug, controlled substance or an intoxicating liquor,
26 regardless of its alcoholic content while on duty, operating or in phys-
27 ical control of a bus. However, this paragraph does not apply to
28 possession of a drug, controlled substance or an intoxicating liquor
29 which is transported as part of a shipment or personal effects of a
30 passenger or to alcoholic beverages which are in sealed containers.
31 2. No motor carrier shall require or permit a driver to:
32 (a) violate any provision of subdivision one of this section; or
33 (b) be on duty or operate a bus if, by such person's general appear-
34 ance or by such person's conduct or by other substantiating evidence,
35 such person appears to have consumed a drug, controlled substance or an
36 intoxicating liquor within the preceding six hours, or eight hours when
37 such driver operates a school bus as defined by section one hundred
38 forty-two of this chapter.
39 § 7. Subparagraph 6 of paragraph e of subdivision 1 of section 3623-a
40 of the education law, as added by chapter 474 of the laws of 1996, is
41 amended to read as follows:
42 (6) costs incurred by the employer for qualifying criminal history,
43 drivers license, or other required testing attributable to special
44 requirements for drivers of school buses pursuant to state or federal
45 law including random drug and alcohol testing as required under subdivi-
46 sion six of section five hundred nine-g of the vehicle and traffic law;
47 § 8. This act shall take effect on the one hundred twentieth day after
48 it shall have become a law. Effective immediately, the commissioner of
49 motor vehicles may add, amend, or repeal any rule or regulation neces-
50 sary to timely implement the provisions of this act on its effective
51 date.
