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A00208 Summary:

BILL NOA00208E
 
SAME ASSAME AS S02587-E
 
SPONSORLupardo
 
COSPNSRThiele, Barrett, Hevesi, Sepulveda, Abinanti, Jaffee, Galef, Magnarelli, D'Urso, Montesano, Murray, McDonough, Friend, Blankenbush, Palmesano, Walsh, Palumbo, Ashby, Raia
 
MLTSPNSRBuchwald, Crouch, Finch, Giglio, Hawley, Jones, Simon, Skartados
 
Amd 509-g & 509-l, V & T L; amd 3623-a, Ed L
 
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.
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A00208 Actions:

BILL NOA00208E
 
01/04/2017referred to transportation
05/15/2017amend (t) and recommit to transportation
05/15/2017print number 208a
06/15/2017amend (t) and recommit to transportation
06/15/2017print number 208b
01/03/2018referred to transportation
03/08/2018amend (t) and recommit to transportation
03/08/2018print number 208c
05/21/2018amend and recommit to transportation
05/21/2018print number 208d
06/01/2018amend (t) and recommit to transportation
06/01/2018print number 208e
06/05/2018reported referred to codes
06/13/2018reported referred to ways and means
06/18/2018reported referred to rules
06/18/2018reported
06/18/2018rules report cal.269
06/18/2018ordered to third reading rules cal.269
06/19/2018passed assembly
06/19/2018delivered to senate
06/19/2018REFERRED TO RULES
06/20/2018SUBSTITUTED FOR S2587E
06/20/20183RD READING CAL.785
06/20/2018PASSED SENATE
06/20/2018RETURNED TO ASSEMBLY
08/13/2018delivered to governor
08/24/2018signed chap.207
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A00208 Memo:

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.
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A00208 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         208--E
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  LUPARDO,  THIELE, BARRETT, HEVESI, ABINANTI,
          JAFFEE,  GALEF,  MAGNARELLI,  D'URSO,  MONTESANO,  MURRAY,  McDONOUGH,
          FRIEND,  BLANKENBUSH,  PALMESANO, WALSH, PALUMBO, ASHBY -- Multi-Spon-
          sored by -- M. of A.  FINCH, GIGLIO, HAWLEY, JONES, SIMON -- read once
          and  referred  to  the  Committee  on  Transportation   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said  committee
          --  recommitted  to the Committee on Transportation in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee
 
        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
 
          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. (a) All motor carriers shall be required to conduct  pre-employment
     4  and  random  drug  and alcohol testing in accordance with the provisions
     5  and requirements of Part 382 of Title 49 of the Code  of  Federal  Regu-
     6  lations  on  all  drivers  of  a  school  bus, as defined by section one
     7  hundred forty-two of this chapter,  regardless  of  commercial  driver's
     8  license  endorsement.  Every such school bus driver shall be included in
     9  the random testing pool from which drivers  are  randomly  selected  for
    10  testing,  and  every  such  driver  shall  submit  to  such testing when
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02179-18-8

        A. 208--E                           2
 
     1  selected, as required in Part 382 of Title 49 of  the  Code  of  Federal
     2  Regulations.  For  the  purposes  of this section "motor carriers" shall
     3  mean a school or municipality  that  transports  children  to  and  from
     4  school  or  any person, corporation or entity in contract with a munici-
     5  pality or school district for the purposes of transporting  children  to
     6  and from school.
     7    (b)  Drug  testing  administered  pursuant to this section shall, at a
     8  minimum, be in conformance with drug testing procedures as set forth  in
     9  Part 382 of Title 49 of the Code of Federal Regulations.
    10    § 2. Section 509-l of the vehicle and traffic law, as amended by chap-
    11  ter 675 of the laws of 1985, is amended to read as follows:
    12    § 509-l. Drugs,  controlled  [substance]  substances  and intoxicating
    13  liquor. 1.  No person shall:
    14    (a) consume a drug, controlled substance or  an  intoxicating  liquor,
    15  regardless  of  its  alcoholic  content, or be under the influence of an
    16  intoxicating liquor or drug, within six hours before going  on  duty  or
    17  operating, or having physical control of a bus, or
    18    (b)  consume  a  drug, controlled substance or an intoxicating liquor,
    19  regardless of its alcoholic content while on duty, or operating,  or  in
    20  physical control of a bus, or
    21    (c)  possess  a  drug, controlled substance or an intoxicating liquor,
    22  regardless of its alcoholic content while on duty, operating or in phys-
    23  ical control of a  bus.  However,  this  paragraph  does  not  apply  to
    24  possession  of  a  drug,  controlled substance or an intoxicating liquor
    25  which is transported as part of a shipment  or  personal  effects  of  a
    26  passenger or to alcoholic beverages which are in sealed containers.
    27    2. No motor carrier shall require or permit a driver to:
    28    (a) violate any provision of subdivision one of this section; or
    29    (b)  be  on duty or operate a bus if, by such person's general appear-
    30  ance or by such person's conduct or by  other  substantiating  evidence,
    31  such  person appears to have consumed a drug, controlled substance or an
    32  intoxicating liquor within the preceding six hours, or eight hours  when
    33  such  driver  operates  a  school  bus as defined by section one hundred
    34  forty-two of this chapter.
    35    § 3. Subparagraph 6 of paragraph e of subdivision 1 of section  3623-a
    36  of  the  education  law, as added by chapter 474 of the laws of 1996, is
    37  amended to read as follows:
    38    (6) costs incurred by the employer for  qualifying  criminal  history,
    39  drivers  license,  or  other  required  testing  attributable to special
    40  requirements for drivers of school buses pursuant to  state  or  federal
    41  law  including  pre-employment  and  random  drug and alcohol testing as
    42  required under subdivision six of section five  hundred  nine-g  of  the
    43  vehicle and traffic law;
    44    § 4. This act shall take effect on the one hundred twentieth day after
    45  it  shall  have become a law. Effective immediately, the commissioner of
    46  motor vehicles may add, amend, or repeal any rule or  regulation  neces-
    47  sary  to  timely  implement  the provisions of this act on its effective
    48  date.
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