S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  712--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 507-a to read as follows:
   § 507-A. SPECIAL REQUIREMENTS FOR FOR-HIRE VEHICLE MOTOR CARRIERS  AND
 DRIVERS;  DRUGS AND ALCOHOL. 1. (A) ALL MOTOR CARRIERS SHALL BE REQUIRED
 TO CONDUCT PRE-EMPLOYMENT AND RANDOM DRUG AND ALCOHOL TESTING IN ACCORD-
 ANCE WITH THE PROVISIONS AND REQUIREMENTS OF PART 382 OF TITLE 49 OF THE
 CODE OF FEDERAL REGULATIONS ON  ALL  DRIVERS  OF  ANY  FOR-HIRE  VEHICLE
 HAVING  A  SEATING  CAPACITY  OF  NINE OR MORE PASSENGERS, INCLUDING THE
 DRIVER, REGARDLESS OF A COMMERCIAL DRIVER'S LICENSE  ENDORSEMENT.  EVERY
 SUCH  DRIVER  SHALL  BE  INCLUDED  IN THE RANDOM TESTING POOL FROM WHICH
 DRIVERS ARE RANDOMLY SELECTED FOR TESTING, AND EVERY SUCH  DRIVER  SHALL
 SUBMIT  TO  SUCH TESTING WHEN SELECTED, AS REQUIRED IN PART 382 OF TITLE
 49 OF THE CODE OF FEDERAL REGULATIONS.
   (B) DRUG TESTING ADMINISTERED PURSUANT TO THIS SUBDIVISION SHALL, AT A
 MINIMUM, BE IN CONFORMANCE WITH DRUG TESTING PROCEDURES AS SET FORTH  IN
 PART 382 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
   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
 
   (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 EIGHT HOURS BEFORE GOING ON DUTY OR
 OPERATING, OR HAVING PHYSICAL CONTROL OF A  FOR-HIRE  VEHICLE  HAVING  A
 SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER; 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 FOR-HIRE VEHICLE HAVING A SEATING CAPACITY OF NINE
 OR MORE PASSENGERS, INCLUDING THE DRIVER; OR
   (C)  POSSESS  A  DRUG, CONTROLLED SUBSTANCE OR AN INTOXICATING LIQUOR,
 REGARDLESS OF ITS ALCOHOLIC CONTENT, WHILE  ON  DUTY,  OPERATING  OR  IN
 PHYSICAL CONTROL OF A FOR-HIRE VEHICLE HAVING A SEATING CAPACITY OF NINE
 OR  MORE PASSENGERS, INCLUDING THE DRIVER. HOWEVER, THIS PARAGRAPH SHALL
 NOT APPLY TO POSSESSION OF A DRUG, CONTROLLED SUBSTANCE OR AN INTOXICAT-
 ING LIQUOR WHICH IS TRANSPORTED  AS  PART  OF  A  SHIPMENT  OR  PERSONAL
 EFFECTS  OF  A  PASSENGER  OR TO ALCOHOLIC BEVERAGES WHICH ARE IN SEALED
 CONTAINERS.
   3. NO MOTOR CARRIER SHALL REQUIRE OR PERMIT A DRIVER TO:
   (A) VIOLATE ANY PROVISION OF SUBDIVISION TWO OF THIS SECTION; OR
   (B) BE ON DUTY OR OPERATE A FOR-HIRE VEHICLE HAVING A SEATING CAPACITY
 OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER, IF  BY  SUCH  PERSON'S
 GENERAL  APPEARANCE OR BY SUCH PERSON'S CONDUCT OR BY OTHER SUBSTANTIAT-
 ING EVIDENCE, SUCH PERSON APPEARS TO HAVE CONSUMED  A  DRUG,  CONTROLLED
 SUBSTANCE  OR  AN  INTOXICATING  LIQUOR WITHIN THE PRECEDING EIGHT HOURS
 BEFORE SUCH DRIVER OPERATES SUCH FOR-HIRE VEHICLE.
   4. (A) EVERY MOTOR CARRIER SHALL SUBMIT AN AFFIDAVIT  TO  THE  COMMIS-
 SIONER  ATTESTING  TO COMPLIANCE WITH THIS SECTION. SUCH AFFIDAVIT SHALL
 BE SUBMITTED ANNUALLY BEGINNING NO  LATER  THAN  SIX  MONTHS  AFTER  THE
 EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  IN A MANNER PRESCRIBED BY REGU-
 LATIONS ESTABLISHED BY THE COMMISSIONER.
   (B) WHERE AN AFFIDAVIT IS NOT SUBMITTED PURSUANT TO THIS SECTION,  THE
 COMMISSIONER  MAY, IN HIS OR HER DISCRETION, SUSPEND THE REGISTRATION OF
 THE FOR-HIRE VEHICLE OR VEHICLES OR DENY REGISTRATION OR RENEWAL TO  THE
 FOR-HIRE  VEHICLE  OR  VEHICLES  OWNED OR OPERATED BY THE MOTOR CARRIER.
 SUCH SUSPENSION OR DENIAL SHALL ONLY REMAIN IN EFFECT  AS  LONG  AS  THE
 MOTOR CARRIER FAILS TO SUBMIT SUCH AFFIDAVIT.
   (C)  THE  COMMISSIONER  MAY  REQUIRE  ANY  MOTOR CARRIER TO PAY TO THE
 PEOPLE OF THIS STATE A CIVIL PENALTY, IF AFTER THE MOTOR CARRIER HAS HAD
 AN OPPORTUNITY TO BE HEARD, THE COMMISSIONER FINDS THAT THE MOTOR CARRI-
 ER HAS VIOLATED ANY PROVISION OF THIS SECTION OR REGULATIONS PROMULGATED
 PURSUANT TO THIS SECTION, OR HAS MADE ANY FALSE STATEMENT  OR  MISREPRE-
 SENTATION  ON  ANY  AFFIDAVIT OF COMPLIANCE FILED WITH THE COMMISSIONER.
 ANY CIVIL PENALTY ASSESSED FOR A FIRST VIOLATION SHALL NOT BE LESS  THAN
 FIVE  HUNDRED DOLLARS NOR GREATER THAN TWO THOUSAND FIVE HUNDRED DOLLARS
 FOR EACH VIOLATION, FALSE STATEMENT OR MISREPRESENTATION FOUND  TO  HAVE
 BEEN  MADE  OR  COMMITTED, AND FOR A SECOND OR SUBSEQUENT VIOLATION, NOT
 ARISING OUT OF THE SAME INCIDENT, ALL OF WHICH WERE COMMITTED  WITHIN  A
 PERIOD  OF  EIGHTEEN MONTHS, SHALL NOT BE LESS THAN FIVE HUNDRED DOLLARS
 NOR GREATER THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION, FALSE  STATE-
 MENT  OR  MISREPRESENTATION FOUND TO HAVE BEEN MADE OR COMMITTED. IF THE
 REGISTRANT FAILS TO PAY SUCH PENALTY WITHIN TWENTY DAYS AFTER THE  MAIL-
 ING  OF SUCH ORDER, POSTAGE PREPAID, CERTIFIED AND ADDRESSED TO THE LAST
 KNOWN PLACE OF BUSINESS OF SUCH REGISTRANT, UNLESS SUCH ORDER IS  STAYED
 BY  AN  ORDER OF A COURT OF COMPETENT JURISDICTION, THE COMMISSIONER MAY
 REVOKE THE FOR-HIRE VEHICLE REGISTRATIONS OR OUT OF  STATE  REGISTRATION
 PRIVILEGE OF OPERATION IN THE STATE OF SUCH MOTOR CARRIER OR MAY SUSPEND

 A. 712--A                           3
 
 THE  SAME  FOR  SUCH  PERIODS  AS  THE COMMISSIONER MAY DETERMINE. CIVIL
 PENALTIES ASSESSED UNDER THIS SUBDIVISION SHALL BE PAID TO  THE  COMMIS-
 SIONER  FOR  DEPOSIT  INTO  THE  DEDICATED HIGHWAY AND BRIDGE TRUST FUND
 ESTABLISHED  PURSUANT  TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW
 AFTER REIMBURSING THE DEPARTMENT FOR THE ACTUAL COSTS OF  PUBLIC  EDUCA-
 TION  ACTIVITIES UNDERTAKEN BY THE DEPARTMENT TO IMPLEMENT THIS SECTION,
 AND UNPAID CIVIL PENALTIES MAY BE RECOVERED BY  THE  COMMISSIONER  IN  A
 CIVIL ACTION IN THE NAME OF THE COMMISSIONER.
   (D)  UPON  THE  SUSPENSION OF A VEHICLE REGISTRATION PURSUANT TO PARA-
 GRAPH (B) OR (C) OF THIS SUBDIVISION, THE COMMISSIONER  SHALL  HAVE  THE
 AUTHORITY  TO  DENY  A  REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER
 PERSON FOR THE SAME FOR-HIRE VEHICLE AND  MAY  DENY  A  REGISTRATION  OR
 RENEWAL  APPLICATION  FOR ANY OTHER FOR-HIRE MOTOR VEHICLE REGISTERED IN
 THE NAME OF THE APPLICANT WHERE THE COMMISSIONER HAS REASONABLE  GROUNDS
 TO  BELIEVE  THAT  SUCH  REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF
 DEFEATING THE PURPOSES OF THIS SECTION. SUCH SUSPENSION OR DENIAL  SHALL
 REMAIN  IN  EFFECT  ONLY  AS  LONG AS THE SUSPENSION ENTERED PURSUANT TO
 PARAGRAPH (B) OR (C) OF THIS SUBDIVISION REMAINS IN EFFECT.
   5. FOR PURPOSES OF THIS SECTION, THE TERM "MOTOR CARRIER"  SHALL  MEAN
 ANY  PERSON,  FIRM, CORPORATION, ASSOCIATION OR ENTITY WHICH DIRECTS ONE
 OR MORE DRIVERS OF A FOR-HIRE VEHICLE  OR  VEHICLES,  HAVING  A  SEATING
 CAPACITY  OF  NINE  OR  MORE PASSENGERS, INCLUDING THE DRIVER, AND WHICH
 OPERATES SUCH FOR-HIRE VEHICLE OR VEHICLES IN THE BUSINESS OF TRANSPORT-
 ING PASSENGERS FOR COMPENSATION, AND THE TERM "FOR-HIRE  VEHICLE"  SHALL
 MEAN  A  TAXICAB  OR  LIVERY  HAVING  A SEATING CAPACITY OF NINE OR MORE
 PASSENGERS, INCLUDING THE DRIVER, INCLUDING  AN  ALTERED  MOTOR  VEHICLE
 COMMONLY  REFERRED TO AS A "STRETCH LIMOUSINE" HAVING A SEATING CAPACITY
 OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER.
   § 2. The commissioner of  motor  vehicles  shall  undertake  a  public
 education campaign to alert motor carriers and drivers of for-hire vehi-
 cles  of the provisions of section 507-a of the vehicle and traffic law,
 as added by section one of this act. For the purposes of  this  section,
 the  terms  "motor  carrier"  and "for-hire vehicle" shall have the same
 meanings as defined by subdivision 5 of such section 507-a.
   § 3. 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
 effective date are authorized to be made and completed on or before such
 effective date.