Bill S5040-2013

Criminalizes the operation of a school bus by a person having any amount of alcohol in his or her blood and providing sanctions for violations

Criminalizes the operation of a school bus by a person having any amount of alcohol in his or her blood and providing sanctions for violations.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1096
  • May 7, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 4, 2013
Ayes (17): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Dilan, Diaz, Kennedy, Squadron, Stavisky, Gipson
Ayes W/R (2): Martins, Perkins

Memo

BILL NUMBER:S5040

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to criminalizing the operation of a school bus by a person having any amount of alcohol 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 unconscionable 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:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5040 2013-2014 Regular Sessions IN SENATE May 7, 2013 ___________
Introduced by Sens. MARCELLINO, FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation 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: Section 1. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 6-a to read as follows: 6-A. SCHOOL BUSES: PER SE. NOTWITHSTANDING THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FIVE OF THIS ARTICLE, NO PERSON SHALL OPERATE A SCHOOL BUS WHILE SUCH PERSON HAS ANY AMOUNT OF ALCOHOL IN THE PERSON'S BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA, MADE PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE. S 2. Subparagraph 4-a of paragraph (d) of subdivision 1 and subpara- graph 4-a of paragraph (b) of subdivision 2 of section 1193 of the vehi- cle and traffic law, subparagraph 4-a and paragraph (d) of subdivision 1 as amended by chapter 732 of the laws of 2006 and subparagraph 4-a of paragraph (b) of subdivision 2 as added by chapter 26 of the laws of 1996, are amended to read as follows: (4-a) A violation of subdivision [two, three, four or four-a] SIX-A of section eleven hundred ninety-two of this article wherein the violator is operating a school bus as defined in section one hundred forty-two of this chapter and such school bus is carrying at least one student passenger shall be a class E felony punishable by a fine of not less than one thousand dollars nor more than five thousand dollars, or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment. [A violation of subdivision two-a of section eleven hundred ninety-two of this article wherein the violator is oper-
ating a school bus as defined in section one hundred forty-two of this chapter and such school bus is carrying at least one student passenger shall be a class D felony punishable by a fine of not less than two thousand dollars nor more than ten thousand dollars, or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment.]
(4-a) School buses. (A) [One year, where the holder is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article, such violation was committed while the holder was driving a school bus, and the holder is sentenced pursuant to subparagraph one, one-a or four-a of paragraph (d) of subdivision one of this section. (B)] Three years where the holder is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article, such violation was committed while the holder was driving a school bus, and the holder is sentenced pursuant to subparagraph four of paragraph (d) of subdivision one of this section. [(C)] (B) Notwithstanding the provisions of the opening paragraph of this paragraph [(b)], the commissioner shall not revoke the registration of a school bus driven in violation of section eleven hundred ninety-two of this article. S 3. This act shall take effect on the ninetieth day after it shall have become a law.

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