STATE OF NEW YORK
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5802
2019-2020 Regular Sessions
IN ASSEMBLY
February 19, 2019
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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.
LBD09908-01-9
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.
