New York State Assembly

 
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A00712 Summary:

A00712 Actions:

A00712 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:01/14/2020AYE/NAY:24/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Aye
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Excused
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Aye
Steck
Aye
Walczyk
Aye
Simon
Aye
Hunter
Aye
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye
Darling
Aye

Committee:CODES   Chair:Lentol      
DATE:01/14/2020AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Morinello
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

A00712 Floor Votes:

A00712 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A712A
 
SPONSOR: Paulin

 
TITLE OF BILL:
 
An act to amend the vehicle and traffic law, in relation to drug and
alcohol testing for for-hire vehicle drivers
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To require that all drivers of any for-hire vehicle with a capacity of
transporting nine or more passengers, including the driver, are subject
to drug and alcohol testing.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one amends the Vehicle and Traffic Law by adding a new section
507-a to require that all motor carriers conduct pre-employment and
random drug and alcohol testing on all drivers of any for-hire vehicle
with a capacity of transporting nine or more occupants, including the
driver. Drug testing must be in conformance with drug testing procedures
set forth in title 49, part 382 of the Code of Federal Regulations.
This section also would prohibit any person from consuming drugs or
alcohol within eight hours before going on duty, operating, or being in
physical control of a for-hire vehicle with a seating capacity of nine
or more passengers including the driver, and from consuming or possess-
ing such substances while on duty, operating, or in physical control of
such vehicle. Motor carriers would be prohibited from requiring or
permitting such drivers to be on duty or operate their vehicle if the
driver appears to have consumed drugs or alcohol within the preceding
eight hours before such driver operates their vehicle. The bill also
provides mechanisms for enforcement, and violations would be subject to
civil penalties of five hundred to twenty-five hundred dollars for a
first violation and five hundred to five thousand dollars for a second
violation within eighteen months.
 
Section two requires the Commissioner of Motor Vehicles to undertake a
public education campaign to alert motor carriers and drivers of the
testing requirements.
 
Section three provides the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Provides clarification of testing requirements and penalties, includes
enforcement provisions, provides for a public education campaign, and
modifies the effective date.
 
 
JUSTIFICATION:
 
This legislation would require drug and alcohol testing of all drivers
of for-hire vehicles with a capacity of transporting nine or more
passengers, including the driver. It will close the loophole that
currently exists under federal regulations, which only require drug and
alcohol testing of drivers of commercial motor vehicles which are either
a bus or which carry fifteen or more passengers not including the driv-
er, and will require that all such drivers be subject to random drug and
alcohol testing. Current regulations set the minimum annual percentage
rates of drivers that must submit to alcohol testing at ten percent of
the average number of drivers and, for controlled substances, at twen-
ty-five percent of the average number of drivers.
 
Drivers of for-hire vehicles with a capacity of transporting nine or
more passengers, including the driver, should be subject to drug and
alcohol testing, as are their peers who drive buses or commercial motor
vehicles carrying fifteen passengers or more. Passengers in these vehi-
cles deserve the same assurances as passengers riding in other vehicles
that their drivers are being monitored for drug and alcohol use. This
legislation will promote increased safety as well as accountability.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2018: A.11384, referred to Transportation.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
Undetermined.
 
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.

A00712 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         712--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by M. of A. PAULIN, SANTABARBARA, FAHY, ASHBY, M. G. MILLER,
          TAYLOR, ORTIZ, THIELE,  McDONALD,  ARROYO,  GALEF,  BLAKE,  GOTTFRIED,
          WILLIAMS,  COOK,  CRUZ,  GRIFFIN,  WALSH,  McDONOUGH,  MIKULIN,  FALL,
          LAWRENCE -- Multi-Sponsored by -- M. of A. DeSTEFANO,  SIMON  --  read
          once and referred to the Committee on Transportation -- 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
 
        AN  ACT  to  amend  the vehicle and traffic law, in relation to drug and
          alcohol testing for for-hire vehicle drivers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 507-a to read as follows:
     3    § 507-a. Special requirements for for-hire vehicle motor carriers  and
     4  drivers;  drugs and alcohol. 1. (a) All motor carriers shall be required
     5  to conduct pre-employment and random drug and alcohol testing in accord-
     6  ance with the provisions and requirements of Part 382 of Title 49 of the
     7  Code of Federal Regulations on  all  drivers  of  any  for-hire  vehicle
     8  having  a  seating  capacity  of  nine or more passengers, including the
     9  driver, regardless of a commercial driver's license  endorsement.  Every
    10  such  driver  shall  be  included  in the random testing pool from which
    11  drivers are randomly selected for testing, and every such  driver  shall
    12  submit  to  such testing when selected, as required in Part 382 of Title
    13  49 of the Code of Federal Regulations.
    14    (b) Drug testing administered pursuant to this subdivision shall, at a
    15  minimum, be in conformance with drug testing procedures as set forth  in
    16  Part 382 of Title 49 of the Code of Federal Regulations.
    17    2. No person shall:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01677-08-9
        A. 712--A                           2
 
     1    (a)  consume  a  drug, controlled substance or an intoxicating liquor,
     2  regardless of its alcoholic content, or be under  the  influence  of  an
     3  intoxicating  liquor or drug, within eight hours before going on duty or
     4  operating, or having physical control of a  for-hire  vehicle  having  a
     5  seating capacity of nine or more passengers, including the driver; or
     6    (b)  consume  a  drug, controlled substance or an intoxicating liquor,
     7  regardless of its alcoholic content while on duty, or operating,  or  in
     8  physical control of a for-hire vehicle having a seating capacity of nine
     9  or more passengers, including the driver; or
    10    (c)  possess  a  drug, controlled substance or an intoxicating liquor,
    11  regardless of its alcoholic content, while  on  duty,  operating  or  in
    12  physical control of a for-hire vehicle having a seating capacity of nine
    13  or  more passengers, including the driver. However, this paragraph shall
    14  not apply to possession of a drug, controlled substance or an intoxicat-
    15  ing liquor which is transported  as  part  of  a  shipment  or  personal
    16  effects  of  a  passenger  or to alcoholic beverages which are in sealed
    17  containers.
    18    3. No motor carrier shall require or permit a driver to:
    19    (a) violate any provision of subdivision two of this section; or
    20    (b) be on duty or operate a for-hire vehicle having a seating capacity
    21  of nine or more passengers, including the driver, if  by  such  person's
    22  general  appearance or by such person's conduct or by other substantiat-
    23  ing evidence, such person appears to have consumed  a  drug,  controlled
    24  substance  or  an  intoxicating  liquor within the preceding eight hours
    25  before such driver operates such for-hire vehicle.
    26    4. (a) Every motor carrier shall submit an affidavit  to  the  commis-
    27  sioner  attesting  to compliance with this section. Such affidavit shall
    28  be submitted annually beginning no  later  than  six  months  after  the
    29  effective  date  of  this  subdivision,  in a manner prescribed by regu-
    30  lations established by the commissioner.
    31    (b) Where an affidavit is not submitted pursuant to this section,  the
    32  commissioner  may, in his or her discretion, suspend the registration of
    33  the for-hire vehicle or vehicles or deny registration or renewal to  the
    34  for-hire  vehicle  or  vehicles  owned or operated by the motor carrier.
    35  Such suspension or denial shall only remain in effect  as  long  as  the
    36  motor carrier fails to submit such affidavit.
    37    (c)  The  commissioner  may  require  any  motor carrier to pay to the
    38  people of this state a civil penalty, if after the motor carrier has had
    39  an opportunity to be heard, the commissioner finds that the motor carri-
    40  er has violated any provision of this section or regulations promulgated
    41  pursuant to this section, or has made any false statement  or  misrepre-
    42  sentation  on  any  affidavit of compliance filed with the commissioner.
    43  Any civil penalty assessed for a first violation shall not be less  than
    44  five  hundred dollars nor greater than two thousand five hundred dollars
    45  for each violation, false statement or misrepresentation found  to  have
    46  been  made  or  committed, and for a second or subsequent violation, not
    47  arising out of the same incident, all of which were committed  within  a
    48  period  of  eighteen months, shall not be less than five hundred dollars
    49  nor greater than five thousand dollars for each violation, false  state-
    50  ment  or  misrepresentation found to have been made or committed. If the
    51  registrant fails to pay such penalty within twenty days after the  mail-
    52  ing  of such order, postage prepaid, certified and addressed to the last
    53  known place of business of such registrant, unless such order is  stayed
    54  by  an  order of a court of competent jurisdiction, the commissioner may
    55  revoke the for-hire vehicle registrations or out of  state  registration
    56  privilege of operation in the state of such motor carrier or may suspend
        A. 712--A                           3
 
     1  the  same  for  such  periods  as  the commissioner may determine. Civil
     2  penalties assessed under this subdivision shall be paid to  the  commis-
     3  sioner  for  deposit  into  the  dedicated highway and bridge trust fund
     4  established  pursuant  to section eighty-nine-b of the state finance law
     5  after reimbursing the department for the actual costs of  public  educa-
     6  tion  activities undertaken by the department to implement this section,
     7  and unpaid civil penalties may be recovered by  the  commissioner  in  a
     8  civil action in the name of the commissioner.
     9    (d)  Upon  the  suspension of a vehicle registration pursuant to para-
    10  graph (b) or (c) of this subdivision, the commissioner  shall  have  the
    11  authority  to  deny  a  registration or renewal application to any other
    12  person for the same for-hire vehicle and  may  deny  a  registration  or
    13  renewal  application  for any other for-hire motor vehicle registered in
    14  the name of the applicant where the commissioner has reasonable  grounds
    15  to  believe  that  such  registration or renewal will have the effect of
    16  defeating the purposes of this section. Such suspension or denial  shall
    17  remain  in  effect  only  as  long as the suspension entered pursuant to
    18  paragraph (b) or (c) of this subdivision remains in effect.
    19    5. For purposes of this section, the term "motor carrier"  shall  mean
    20  any  person,  firm, corporation, association or entity which directs one
    21  or more drivers of a for-hire vehicle  or  vehicles,  having  a  seating
    22  capacity  of  nine  or  more passengers, including the driver, and which
    23  operates such for-hire vehicle or vehicles in the business of transport-
    24  ing passengers for compensation, and the term "for-hire  vehicle"  shall
    25  mean  a  taxicab  or  livery  having  a seating capacity of nine or more
    26  passengers, including the driver, including  an  altered  motor  vehicle
    27  commonly  referred to as a "stretch limousine" having a seating capacity
    28  of nine or more passengers, including the driver.
    29    § 2. The commissioner of  motor  vehicles  shall  undertake  a  public
    30  education campaign to alert motor carriers and drivers of for-hire vehi-
    31  cles  of the provisions of section 507-a of the vehicle and traffic law,
    32  as added by section one of this act. For the purposes of  this  section,
    33  the  terms  "motor  carrier"  and "for-hire vehicle" shall have the same
    34  meanings as defined by subdivision 5 of such section 507-a.
    35    § 3. This act shall take effect one year after it shall have become  a
    36  law. Effective immediately, the addition, amendment and/or repeal of any
    37  rule  or  regulation necessary for the implementation of this act on its
    38  effective date are authorized to be made and completed on or before such
    39  effective date.

A00712 LFIN:

 
NO LFIN

A00712 Chamber Video/Transcript: