Bill Text: NY A00208 | 2017-2018 | General Assembly | Amended


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-08-24 - signed chap.207 [A00208 Detail]

Download: New_York-2017-A00208-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         208--E
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  M.  of  A.  LUPARDO,  THIELE, BARRETT, HEVESI, ABINANTI,
          JAFFEE,  GALEF,  MAGNARELLI,  D'URSO,  MONTESANO,  MURRAY,  McDONOUGH,
          FRIEND,  BLANKENBUSH,  PALMESANO, WALSH, PALUMBO, ASHBY -- Multi-Spon-
          sored by -- M. of A.  FINCH, GIGLIO, HAWLEY, JONES, SIMON -- read once
          and  referred  to  the  Committee  on  Transportation   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said  committee
          --  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  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02179-18-8

        A. 208--E                           2
     1  selected, as required in Part 382 of Title 49 of  the  Code  of  Federal
     2  Regulations.  For  the  purposes  of this section "motor carriers" shall
     3  mean a school or municipality  that  transports  children  to  and  from
     4  school  or  any person, corporation or entity in contract with a munici-
     5  pality or school district for the purposes of transporting  children  to
     6  and from school.
     7    (b)  Drug  testing  administered  pursuant to this section shall, at a
     8  minimum, be in conformance with drug testing procedures as set forth  in
     9  Part 382 of Title 49 of the Code of Federal Regulations.
    10    § 2. Section 509-l of the vehicle and traffic law, as amended by chap-
    11  ter 675 of the laws of 1985, is amended to read as follows:
    12    § 509-l. Drugs,  controlled  [substance]  substances  and intoxicating
    13  liquor. 1.  No person shall:
    14    (a) consume a drug, controlled substance or  an  intoxicating  liquor,
    15  regardless  of  its  alcoholic  content, or be under the influence of an
    16  intoxicating liquor or drug, within six hours before going  on  duty  or
    17  operating, or having physical control of a bus, or
    18    (b)  consume  a  drug, controlled substance or an intoxicating liquor,
    19  regardless of its alcoholic content while on duty, or operating,  or  in
    20  physical control of a bus, or
    21    (c)  possess  a  drug, controlled substance or an intoxicating liquor,
    22  regardless of its alcoholic content while on duty, operating or in phys-
    23  ical control of a  bus.  However,  this  paragraph  does  not  apply  to
    24  possession  of  a  drug,  controlled substance or an intoxicating liquor
    25  which is transported as part of a shipment  or  personal  effects  of  a
    26  passenger or to alcoholic beverages which are in sealed containers.
    27    2. No motor carrier shall require or permit a driver to:
    28    (a) violate any provision of subdivision one of this section; or
    29    (b)  be  on duty or operate a bus if, by such person's general appear-
    30  ance or by such person's conduct or by  other  substantiating  evidence,
    31  such  person appears to have consumed a drug, controlled substance or an
    32  intoxicating liquor within the preceding six hours, or eight hours  when
    33  such  driver  operates  a  school  bus as defined by section one hundred
    34  forty-two of this chapter.
    35    § 3. Subparagraph 6 of paragraph e of subdivision 1 of section  3623-a
    36  of  the  education  law, as added by chapter 474 of the laws of 1996, is
    37  amended to read as follows:
    38    (6) costs incurred by the employer for  qualifying  criminal  history,
    39  drivers  license,  or  other  required  testing  attributable to special
    40  requirements for drivers of school buses pursuant to  state  or  federal
    41  law  including  pre-employment  and  random  drug and alcohol testing as
    42  required under subdivision six of section five  hundred  nine-g  of  the
    43  vehicle and traffic law;
    44    § 4. This act shall take effect on the one hundred twentieth day after
    45  it  shall  have become a law. Effective immediately, the commissioner of
    46  motor vehicles may add, amend, or repeal any rule or  regulation  neces-
    47  sary  to  timely  implement  the provisions of this act on its effective
    48  date.
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