Bill Text: NY A05802 | 2019-2020 | General Assembly | Introduced

Bill Title: Requires person convicted of an alcohol related driving offense to carry no fewer than two single use disposable breathalyzers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-19 - referred to transportation [A05802 Detail]

Download: New_York-2019-A05802-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          persons  convicted  of  an  alcohol  related  driving offense to carry
          disposable breathalyzers; and to amend the alcoholic beverage  control
          law,  in  relation to requiring certain establishments to make dispos-
          able breathalyzers available to customers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 1193 of the vehicle and traffic law is amended by
     2  adding a new subdivision 3 to read as follows:
     3    3. Disposable breathalyzers. In addition to the imposition of any fine
     4  or period of imprisonment set forth in this  section,  the  court  shall
     5  also  require  such  person convicted of a violation of any provision of
     6  section eleven hundred ninety-two or eleven hundred ninety-two-a of this
     7  article to carry no fewer than two single use  disposable  breathalyzers
     8  in  any motor vehicle such person is operating for a period of ten years
     9  from the date of such conviction.  Any person subject to the  provisions
    10  of  this  subdivision  who operates a motor vehicle in violation of this
    11  subdivision shall be subject to a civil penalty of  not  more  than  two
    12  hundred fifty dollars.
    13    §  2.  The  alcoholic  beverage control law is amended by adding a new
    14  section 132 to read as follows:
    15    § 132. Disposable breathalyzers. 1.  Any  person,  firm,  partnership,
    16  association, corporation or other business entity doing business in this
    17  state  who  holds  any license to sell alcoholic beverages at retail for
    18  consumption on the premises shall make a single use disposable  breatha-
    19  lyzer available to any customer at such premises for use by such custom-
    20  er  upon request. Such business entity may charge a nominal fee for such
    21  breathalyzer, provided that in no event shall such fee be more than  the
    22  price paid by such business entity for such breathalyzer.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5802                             2
     1    2.  Any  person,  firm, partnership, association, corporation or other
     2  business entity who violates the provisions of  this  section  shall  be
     3  subject to a civil penalty of not more than two hundred fifty dollars.
     4    §  3.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.