S01186 Summary:

BILL NOS01186
 
SAME ASSAME AS A02615
 
SPONSORRITCHIE
 
COSPNSR
 
MLTSPNSR
 
Amd 509-cc, V & T L
 
Provides for the permanent disqualification of school bus drivers who fail a random alcohol or drug test in certain cases, under the code of federal regulations, where they have previously failed such test or met comparable criteria.
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S01186 Actions:

BILL NOS01186
 
01/11/2019REFERRED TO TRANSPORTATION
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S01186 Committee Votes:

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S01186 Floor Votes:

There are no votes for this bill in this legislative session.
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S01186 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1186
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 11, 2019
                                       ___________
 
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to  the  perma-
          nent disqualification of school bus drivers for failing a random alco-
          hol or drug test

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1 of  section  509-cc  of  the
     2  vehicle  and traffic law is amended by adding a new subparagraph (iv) to
     3  read as follows:
     4    (iv) was found to have .04 of one per centum  or  more  by  weight  of
     5  alcohol  in  such  person's  blood  or  a positive test for a controlled
     6  substance as shown by a random alcohol and  controlled  substances  test
     7  administered  in  accordance  with  part  382 of title 49 of the code of
     8  federal regulations, as such regulations may,  from  time  to  time,  be
     9  amended; and
    10    (1)  such person was found within the preceding five years to have .04
    11  of one per centum or more by weight of alcohol in such person's blood or
    12  a positive test for a controlled substance as shown by a random  alcohol
    13  and  controlled substances test administered in accordance with part 382
    14  of title 49 of the code of federal regulations, as such regulations may,
    15  from time to time, be amended; or
    16    (2) such person has had a prior revocation of their  driver's  license
    17  resulting from refusal to submit to a chemical test pursuant to subdivi-
    18  sion  two  of  section eleven hundred ninety-four of this chapter within
    19  the preceding five years; or
    20    (3) such person has been convicted of a violation of  any  subdivision
    21  of  section  eleven  hundred ninety-two of this chapter not arising from
    22  the same incident, within the preceding five years.  Provided,  however,
    23  the commissioner may waive such disqualification as provided for in this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00740-01-9

        S. 1186                             2
 
     1  subparagraph  after  a period of five years has expired from the date of
     2  such disqualification provided:
     3    (A)  that  during such five year period such person has not been found
     4  to have refused a chemical test pursuant to section eleven hundred nine-
     5  ty-four of this chapter and has not been convicted of any  violation  of
     6  section eleven hundred ninety-two of this chapter; and
     7    (B)  that such person provides acceptable documentation to the commis-
     8  sioner that such person is not in need of alcohol or drug  treatment  or
     9  has satisfactorily completed a prescribed course of such treatment; or
    10    § 2. Subdivision 2 of section 509-cc of the vehicle and traffic law is
    11  amended by adding a new paragraph (b-1) to read as follows:
    12    (b-1)  permanently,  if  that  person was found to have .04 of one per
    13  centum or more by weight of alcohol in such person's blood or a positive
    14  test for a controlled  substance  as  shown  by  a  random  alcohol  and
    15  controlled  substances  test administered in accordance with part 382 of
    16  title 49 of the code of federal regulations, as  such  regulations  may,
    17  from time to time, be amended; and
    18    (i)  such person was found within the preceding five years to have .04
    19  of one per centum or more by weight of alcohol in such person's blood or
    20  a positive test for a controlled substance as shown by a random  alcohol
    21  and  controlled substances test administered in accordance with part 382
    22  of title 49 of the code of federal regulations, as such regulations may,
    23  from time to time, be amended; or
    24    (ii) such person has had a prior revocation of their driver's  license
    25  resulting from refusal to submit to a chemical test pursuant to subdivi-
    26  sion  two  of  section eleven hundred ninety-four of this chapter within
    27  the preceding five years; or
    28    (iii) such person has been convicted of a violation of any subdivision
    29  of section eleven hundred ninety-two of this chapter  not  arising  from
    30  the  same  incident, within the preceding five years. Provided, however,
    31  the commissioner may waive such disqualification  as  provided  in  this
    32  paragraph after a period of five years has expired from the date of such
    33  disqualification provided:
    34    (A)  that  during such five year period such person has not been found
    35  to have refused a chemical test pursuant to section eleven hundred nine-
    36  ty-four of this chapter and has not been convicted of any  violation  of
    37  section eleven hundred ninety-two of this chapter; and
    38    (B)  that such person provides acceptable documentation to the commis-
    39  sioner that such person is not in need of alcohol or drug  treatment  or
    40  has satisfactorily completed a prescribed course of such treatment.
    41    §  3.  This  act  shall  take  effect  on  the first of September next
    42  succeeding the date on which it shall have become a law.
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