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.
STATE OF NEW YORK
________________________________________________________________________
2587--E
Cal. No. 785
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sens. MARCELLINO, MARCHIONE, RITCHIE -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- reported favorably from said committee, ordered to
first report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
-- advanced to a third reading, amended and ordered reprinted, retain-
ing its place in the order of third reading -- recommitted to the
Committee on Transportation in accordance with Senate Rule 6, sec. 8
-- reported favorably from said committee and committed to the Commit-
tee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- again amended and ordered
reprinted, retaining its place in the order of third reading
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
11 selected, as required in Part 382 of Title 49 of the Code of Federal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02179-19-8
S. 2587--E 2
1 Regulations. For the purposes of this section "motor carriers" shall
2 mean a school or municipality that transports children to and from
3 school or any person, corporation or entity in contract with a munici-
4 pality or school district for the purposes of transporting children to
5 and from school.
6 (b) Drug testing administered pursuant to this section shall, at a
7 minimum, be in conformance with drug testing procedures as set forth in
8 Part 382 of Title 49 of the Code of Federal Regulations.
9 § 2. Section 509-l of the vehicle and traffic law, as amended by chap-
10 ter 675 of the laws of 1985, is amended to read as follows:
11 § 509-l. Drugs, controlled [substance] substances and intoxicating
12 liquor. 1. No person shall:
13 (a) consume a drug, controlled substance or an intoxicating liquor,
14 regardless of its alcoholic content, or be under the influence of an
15 intoxicating liquor or drug, within six hours before going on duty or
16 operating, or having physical control of a bus, or
17 (b) consume a drug, controlled substance or an intoxicating liquor,
18 regardless of its alcoholic content while on duty, or operating, or in
19 physical control of a bus, or
20 (c) possess a drug, controlled substance or an intoxicating liquor,
21 regardless of its alcoholic content while on duty, operating or in phys-
22 ical control of a bus. However, this paragraph does not apply to
23 possession of a drug, controlled substance or an intoxicating liquor
24 which is transported as part of a shipment or personal effects of a
25 passenger or to alcoholic beverages which are in sealed containers.
26 2. No motor carrier shall require or permit a driver to:
27 (a) violate any provision of subdivision one of this section; or
28 (b) be on duty or operate a bus if, by such person's general appear-
29 ance or by such person's conduct or by other substantiating evidence,
30 such person appears to have consumed a drug, controlled substance or an
31 intoxicating liquor within the preceding six hours, or eight hours when
32 such driver operates a school bus as defined by section one hundred
33 forty-two of this chapter.
34 § 3. Subparagraph 6 of paragraph e of subdivision 1 of section 3623-a
35 of the education law, as added by chapter 474 of the laws of 1996, is
36 amended to read as follows:
37 (6) costs incurred by the employer for qualifying criminal history,
38 drivers license, or other required testing attributable to special
39 requirements for drivers of school buses pursuant to state or federal
40 law including pre-employment and random drug and alcohol testing as
41 required under subdivision six of section five hundred nine-g of the
42 vehicle and traffic law;
43 § 4. This act shall take effect on the one hundred twentieth day after
44 it shall have become a law. Effective immediately, the commissioner of
45 motor vehicles may add, amend, or repeal any rule or regulation neces-
46 sary to timely implement the provisions of this act on its effective
47 date.
