NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4692
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to criminaliz-
ing the operation of a school bus by a person having any amount of alco-
hol in his or her blood and providing sanctions for violations
PURPOSE:
This legislation would criminalize the operation of a school bus by a
person having any amount of alcohol in his or her blood,
SUMMARY OF PROVISIONS:
The Vehicle and Traffic Law is amended by adding a new subdivision 6-a
to Section 1192 to criminalize the operation of a school bus by a person
having any amount of alcohol in his or her blood and providing sanctions
for violations.
JUSTIFICATION:
School bus drivers play an important role in protecting our children
from harm by providing a safe atmosphere on our roads. It is unconscion-
able that someone would endanger the lives of school children and other
drivers by consuming alcohol prior to driving their school bus route.
Their needs to be a zero tolerance policy when it comes to alcohol use
and the safety of children. This legislation would lower the legal blood
alcohol content level (BAC) for New York State school bus operators from
.04 to .00.
LEGISLATIVE HISTORY:
A1778 2021-2022 referred to transportation
A4412 2019-2020 referred to transportation
A2124 2017/2018 referred to transportation S1150
2016- 2015 A783 referred to transportation
A7672 2013-14 referred to transportation,
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
4692
2023-2024 Regular Sessions
IN ASSEMBLY
February 22, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to criminaliz-
ing the operation of a school bus by a person having any amount of
alcohol in his or her blood and providing sanctions for violations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1192 of the vehicle and traffic law is amended by
2 adding a new subdivision 6-a to read as follows:
3 6-a. School buses: per se. Notwithstanding the provisions of section
4 eleven hundred ninety-five of this article, no person shall operate a
5 school bus while such person has any amount of alcohol in the person's
6 blood as shown by chemical analysis of such person's blood, breath,
7 urine or saliva, made pursuant to the provisions of section eleven
8 hundred ninety-four of this article.
9 § 2. Subparagraph 4-a of paragraph (d) of subdivision 1 and subpara-
10 graph 4-a of paragraph (b) of subdivision 2 of section 1193 of the vehi-
11 cle and traffic law, subparagraph 4-a of paragraph (d) of subdivision 1
12 as amended by chapter 732 of the laws of 2006 and subparagraph 4-a of
13 paragraph (b) of subdivision 2 as added by chapter 26 of the laws of
14 1996, are amended to read as follows:
15 (4-a) A violation of subdivision [two, three, four or four-a] six-a of
16 section eleven hundred ninety-two of this article wherein the violator
17 is operating a school bus as defined in section one hundred forty-two of
18 this chapter and such school bus is carrying at least one student
19 passenger shall be a class E felony punishable by a fine of not less
20 than one thousand dollars nor more than five thousand dollars, or by a
21 period of imprisonment as provided in the penal law, or by both such
22 fine and imprisonment. [A violation of subdivision two-a of section
23 eleven hundred ninety-two of this article wherein the violator is oper-
24 ating a school bus as defined in section one hundred forty-two of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09463-01-3
A. 4692 2
1 chapter and such school bus is carrying at least one student passenger
2 shall be a class D felony punishable by a fine of not less than two
3 thousand dollars nor more than ten thousand dollars, or by a period of
4 imprisonment as provided in the penal law, or by both such fine and
5 imprisonment.]
6 (4-a) School buses. (A) [One year, where the holder is convicted of a
7 violation of any subdivision of section eleven hundred ninety-two of
8 this article, such violation was committed while the holder was driving
9 a school bus, and the holder is sentenced pursuant to subparagraph one,
10 one-a or four-a of paragraph (d) of subdivision one of this section.
11 (B)] Three years where the holder is convicted of a violation of any
12 subdivision of section eleven hundred ninety-two of this article, such
13 violation was committed while the holder was driving a school bus, and
14 the holder is sentenced pursuant to subparagraph four of paragraph (d)
15 of subdivision one of this section.
16 [(C)] (B) Notwithstanding the provisions of the opening paragraph of
17 this paragraph [(b)], the commissioner shall not revoke the registration
18 of a school bus driven in violation of section eleven hundred ninety-two
19 of this article.
20 § 3. This act shall take effect on the ninetieth day after it shall
21 have become a law.
