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.
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.
