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.
STATE OF NEW YORK
________________________________________________________________________
5428
2023-2024 Regular Sessions
IN SENATE
March 3, 2023
___________
Introduced by Sen. MATTERA -- 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.
LBD09118-01-3
S. 5428 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.
