S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1222

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. GANTT, GABRYSZAK -- Multi-Sponsored by -- M. of
  A. KOON -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  the  perma-
  nent disqualification of school bus drivers for failing a random alco-
  hol or drug test

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of  section  509-cc  of  the
vehicle  and traffic law is amended by adding a new subparagraph (iv) to
read as follows:
  (IV) WAS FOUND TO HAVE .04 OF ONE PER CENTUM  OR  MORE  BY  WEIGHT  OF
ALCOHOL  IN  SUCH  PERSON'S  BLOOD  OR  A POSITIVE TEST FOR A CONTROLLED
SUBSTANCE AS SHOWN BY A RANDOM ALCOHOL AND  CONTROLLED  SUBSTANCES  TEST
ADMINISTERED  IN  ACCORDANCE  WITH  PART  382 OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS, AS SUCH REGULATIONS MAY,  FROM  TIME  TO  TIME,  BE
AMENDED; AND
  (1)  SUCH PERSON WAS FOUND WITHIN THE PRECEDING FIVE YEARS TO HAVE .04
OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD OR
A POSITIVE TEST FOR A CONTROLLED SUBSTANCE AS SHOWN BY A RANDOM  ALCOHOL
AND  CONTROLLED SUBSTANCES TEST ADMINISTERED IN ACCORDANCE WITH PART 382
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS MAY,
FROM TIME TO TIME, BE AMENDED; OR
  (2) SUCH PERSON HAS HAD A PRIOR REVOCATION OF THEIR  DRIVER'S  LICENSE
RESULTING FROM REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SUBDIVI-
SION  TWO  OF  SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER WITHIN
THE PRECEDING FIVE YEARS; OR
  (3) SUCH PERSON HAS BEEN CONVICTED OF A VIOLATION OF  ANY  SUBDIVISION
OF  SECTION  ELEVEN  HUNDRED NINETY-TWO OF THIS CHAPTER NOT ARISING FROM
THE SAME INCIDENT, WITHIN THE PRECEDING FIVE YEARS.  PROVIDED,  HOWEVER,
THE COMMISSIONER MAY WAIVE SUCH DISQUALIFICATION AS PROVIDED FOR IN THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03720-01-9

A. 1222                             2

SUBPARAGRAPH  AFTER  A PERIOD OF FIVE YEARS HAS EXPIRED FROM THE DATE OF
SUCH DISQUALIFICATION PROVIDED:
  (A)  THAT  DURING SUCH FIVE YEAR PERIOD SUCH PERSON HAS NOT BEEN FOUND
TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINE-
TY-FOUR OF THIS CHAPTER AND HAS NOT BEEN CONVICTED OF ANY  VIOLATION  OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER; AND
  (B)  THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
SIONER THAT SUCH PERSON IS NOT IN NEED OF ALCOHOL OR DRUG  TREATMENT  OR
HAS SATISFACTORILY COMPLETED A PRESCRIBED COURSE OF SUCH TREATMENT; OR
  S 2. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (b-1) to read as follows:
  (B-1)  PERMANENTLY,  IF  THAT  PERSON WAS FOUND TO HAVE .04 OF ONE PER
CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD OR A POSITIVE
TEST FOR A CONTROLLED  SUBSTANCE  AS  SHOWN  BY  A  RANDOM  ALCOHOL  AND
CONTROLLED  SUBSTANCES  TEST ADMINISTERED IN ACCORDANCE WITH PART 382 OF
TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS  SUCH  REGULATIONS  MAY,
FROM TIME TO TIME, BE AMENDED; AND
  (I)  SUCH PERSON WAS FOUND WITHIN THE PRECEDING FIVE YEARS TO HAVE .04
OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD OR
A POSITIVE TEST FOR A CONTROLLED SUBSTANCE AS SHOWN BY A RANDOM  ALCOHOL
AND  CONTROLLED SUBSTANCES TEST ADMINISTERED IN ACCORDANCE WITH PART 382
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS MAY,
FROM TIME TO TIME, BE AMENDED; OR
  (II) SUCH PERSON HAS HAD A PRIOR REVOCATION OF THEIR DRIVER'S  LICENSE
RESULTING FROM REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SUBDIVI-
SION  TWO  OF  SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER WITHIN
THE PRECEDING FIVE YEARS; OR
  (III) SUCH PERSON HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER  NOT  ARISING  FROM
THE  SAME  INCIDENT, WITHIN THE PRECEDING FIVE YEARS. PROVIDED, HOWEVER,
THE COMMISSIONER MAY WAIVE SUCH DISQUALIFICATION  AS  PROVIDED  IN  THIS
PARAGRAPH AFTER A PERIOD OF FIVE YEARS HAS EXPIRED FROM THE DATE OF SUCH
DISQUALIFICATION PROVIDED:
  (A)  THAT  DURING SUCH FIVE YEAR PERIOD SUCH PERSON HAS NOT BEEN FOUND
TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINE-
TY-FOUR OF THIS CHAPTER AND HAS NOT BEEN CONVICTED OF ANY  VIOLATION  OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER; AND
  (B)  THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
SIONER THAT SUCH PERSON IS NOT IN NEED OF ALCOHOL OR DRUG  TREATMENT  OR
HAS SATISFACTORILY COMPLETED A PRESCRIBED COURSE OF SUCH TREATMENT.
  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.