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A06161 Summary:

BILL NOA06161
 
SAME ASNo Same As
 
SPONSOROrtiz
 
COSPNSR
 
MLTSPNSR
 
Amd 1193, V & T L; add 132, ABC L
 
Requires person convicted of an alcohol related driving offense to carry no fewer than two single use disposable breathalyzers.
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A06161 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6161
 
SPONSOR: Ortiz
  TITLE OF BILL: 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 disposable breathalyzers available to customers   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to deter individuals from driving while under the influence of alcohol by making it easier for an individual to test their blood alcohol content before making the decision to operate a motor vehicle.   SUMMARY OF SPECIFIC PROVISIONS: The vehicle and traffic law is amended by adding a new subdivision 3 to Section 1193 to: *Require individuals convicted of a violation related to driving while intoxicated carry at least two single use disposable breathalyzers in any motor vehicle they operate for a period of ten years; *Create a penalty of up to $250 for violation of this requirement; and The alcoholic beverage law is amended by adding a new section 132 to: * Require that establishments selling alcoholic beverages for consump- tion on the premises make available for purchase single use disposable breathalyzers; and *Create a penalty of up to $250 for violation of this requirement.   JUSTIFICATION: According to the most recent statistics from the New York State Depart- ment of Criminal Justice Services, more than 70 percent of the over 37,000 DWI offenders statewide required to install an ignition interlock in their vehicles have failed to do so. The mandate of Leandra's Law passed in 2010 has proven to be cost prohibitive and has a low compli- ance rate. Single-use breathalyzers are more readily affordable and have an emerging market which will make them a more realistic alternative to the expensive interlock devices currently required for self administered testing of one's blood alcohol content (BAC). Over 10,000 people nationwide are killed by drunk drivers annually. After fifteen minutes in one's body, alcohol is converted into ethanol and can be detected when blown onto breathalyzers. This legislation would make it easier for the driver of a vehicle to test their BAC at any given time with a simple and disposable breathalyzer. In a study conducted by the Century Council in 2010 it was found that 66.7% of all fatalities caused by drunk driving involved an individual with a BAC of .15% or more. Many drivers are not aware how high their BAC level is after consuming alcohol. This bill would also make breatha- lyzers available at restaurants and bars where alcohol is served, providing a means for BAC testing in a more public setting and before entering a vehicle. This legislation is geared to encouraging individuals to test their own BAC and be accountable for their actions; the hope is that evidence that one's BAC is high will be enough to deter individuals from driving. States with similar provisions report reductions in drunk driving fatal- ities and injuries by over 308 when breathalyzer devices are used.   PRIOR LEGISLATIVE HISTORY: 2013/14: A7331 Referred to Transportation 2015/16: A5947 Referred to Transportation   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State   EFFECTIVE DATE: 60 days after enactment
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A06161 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6161
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2017
                                       ___________
 
        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.
                                                                   LBD07806-01-7

        A. 6161                             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.
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