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

                                  8052

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2013
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law and the  education  law,  in
  relation to random drug and alcohol testing of bus drivers

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

  Section 1. Section 509-g of the vehicle and traffic law is amended  by
adding two new subdivisions 6 and 7 to read as follows:
  6.  RANDOM  DRUG  AND ALCOHOL TESTING. (A) ALL MOTOR CARRIERS SHALL BE
REQUIRED TO ADMINISTER RANDOM DRUG AND ALCOHOL TESTS TO ALL DRIVERS,  AS
DEFINED BY SECTION FIVE HUNDRED NINE-A OF THIS ARTICLE, OF SCHOOL BUSES,
AS  DEFINED BY SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER, REGARDLESS
OF COMMERCIAL DRIVER'S LICENSE ENDORSEMENT. FOR  THE  PURPOSES  OF  THIS
SECTION "MOTOR CARRIERS" SHALL MEAN ANY PERSON, CORPORATION OR ENTITY IN
CONTRACT  WITH  A  MUNICIPALITY  OR  SCHOOL DISTRICT FOR THE PURPOSES OF
TRANSPORTING CHILDREN TO AND FROM SCHOOL, OR A  MUNICIPALITY  OR  SCHOOL
DISTRICT THAT TRANSPORTS CHILDREN TO AND FROM SCHOOL.
  (B) (I) FAILURE OF A RANDOM DRUG AND ALCOHOL TEST BY A DRIVER SHALL BE
REPORTED  TO  THE  COMMISSIONER  OF  MOTOR VEHICLES BY THE MOTOR CARRIER
IMMEDIATELY UPON NOTIFICATION OF FAILURE;
  (II) THE COMMISSIONER SHALL RECORD ON THE DRIVER'S DEPARTMENT OF MOTOR
VEHICLE DRIVER ABSTRACT THE FAILURE OF THE DRUG  AND  ALCOHOL  TEST  AND
STATE THAT THE TEST WAS ADMINISTERED DURING NORMAL WORK HOURS; AND
  (III) THE DRIVER SHALL BE DISQUALIFIED FROM OPERATING A SCHOOL BUS FOR
THE  PERIOD OF ONE YEAR PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE AND
PARAGRAPH (I) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED NINE-CC OF THIS
ARTICLE.
  7. THE MINIMUM ANNUAL PERCENTAGE RATE  FOR  RANDOM  DRUG  AND  ALCOHOL
TESTING  SHALL  BE ONE HUNDRED PERCENT OF THE DRIVER POSITIONS FILLED BY
THE MOTOR CARRIER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11136-07-3

              

A. 8052                             2

  S 2. 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) HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION ONE, TWO, THREE,
FOUR  OR  FOUR-A  OF  SECTION  ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER
WHEREIN THE VIOLATOR IS OPERATING A SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER AND SUCH SCHOOL  BUS  IS  CARRYING  AT
LEAST ONE STUDENT PASSENGER; OR
  S 3. 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 HAS BEEN CONVICTED OF A VIOLATION OF
SUBDIVISION  ONE,  TWO,  THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS CHAPTER WHEREIN THE VIOLATOR IS  OPERATING  A  SCHOOL
BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER AND SUCH
SCHOOL BUS IS CARRYING AT LEAST ONE STUDENT PASSENGER.
  S 4. Subdivision 1 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (h) to read as follows:
  (H)  FOR A PERIOD OF ONE YEAR, IF THAT PERSON FAILS TO PASS A DRUG AND
ALCOHOL TEST PURSUANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE.
  S 5. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (i) to read as follows:
  (I) FOR A PERIOD OF ONE YEAR, IF THAT PERSON FAILS TO PASS A DRUG  AND
ALCOHOL TEST PURSUANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE.
  S 6. Section 509-l of the vehicle and traffic law, as amended by chap-
ter 675 of the laws of 1985, is amended to read as follows:
  S 509-l. Drugs,  controlled  [substance]  SUBSTANCES  and intoxicating
liquor. 1.  No person shall:
  (a) 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 six hours before going  on  duty  or
operating, or having physical control of a bus, or
  (b)  consume  a  drug, controlled substance or an intoxicating liquor,
regardless of its alcoholic content while on duty, or operating,  or  in
physical control of a bus, or
  (c)  possess  a  drug, controlled substance or an intoxicating liquor,
regardless of its alcoholic content while on duty, operating or in phys-
ical control of a  bus.  However,  this  paragraph  does  not  apply  to
possession  of  a  drug,  controlled substance or an intoxicating liquor
which is transported as part of a shipment  or  personal  effects  of  a
passenger or to alcoholic beverages which are in sealed containers.
  2. No motor carrier shall require or permit a driver to:
  (a) violate any provision of subdivision one of this section; or
  (b)  be  on duty or operate a bus if, by such person's general appear-
ance or by such person's conduct or by  other  substantiating  evidence,
such  person appears to have consumed a drug, controlled substance or an
intoxicating liquor within the preceding six hours, OR EIGHT HOURS  WHEN
SUCH  DRIVER  OPERATES  A  SCHOOL  BUS AS DEFINED BY SECTION ONE HUNDRED
FORTY-TWO OF THIS CHAPTER.
  S 7. Subparagraph 6 of paragraph e of subdivision 1 of section  3623-a
of  the  education  law, as added by chapter 474 of the laws of 1996, is
amended to read as follows:
  (6) costs incurred by the employer for  qualifying  criminal  history,
drivers  license,  or  other  required  testing  attributable to special
requirements for drivers of school buses pursuant to  state  or  federal
law INCLUDING RANDOM DRUG AND ALCOHOL TESTING AS REQUIRED UNDER SUBDIVI-

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SION  SIX  AND  SUBDIVISION  SEVEN OF SECTION FIVE HUNDRED NINE-G OF THE
VEHICLE AND TRAFFIC LAW;
  S 8. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law. Effective immediately, the commissioner of
motor vehicles may add, amend, or repeal any rule or  regulation  neces-
sary  to  timely  implement  the provisions of this act on its effective
date.