S T A T E O F N E W Y O R K
________________________________________________________________________
6829
2015-2016 Regular Sessions
I N A S S E M B L Y
April 6, 2015
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Transportation
AN ACT to amend the transportation law, in relation to regulation of
party buses; to amend the vehicle and traffic law, in relation to
establishing a party bus endorsement for drivers licenses; and to
amend the penal law, in relation to unlawfully dealing with a child in
the first degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2 of the transportation law is amended by adding a
2 new subdivision 20-a to read as follows:
3 20-A. "PARTY BUS" MEANS ANY MOTOR VEHICLE HAVING A CAPACITY OF TWENTY
4 OR MORE PASSENGERS, OPERATED BY A CONTRACT CARRIER OF PASSENGERS BY
5 MOTOR VEHICLE, WITHIN WHICH PASSENGERS ARE CAPABLE AND PERMITTED TO
6 REGULARLY STAND AND CIRCULATE THROUGHOUT THE VEHICLE, AND IN WHICH FOOD,
7 BEVERAGES AND ENTERTAINMENT MAY BE PROVIDED OR SOLD TO SUCH PASSENGERS.
8 S 2. The transportation law is amended by adding a new section 160 to
9 read as follows:
10 S 160. REGULATION OF PARTY BUSES. 1. THE PROVISIONS OF THIS SECTION
11 SHALL APPLY TO THE OPERATION OF ANY PARTY BUS IN WHICH ALL THE PASSEN-
12 GERS, EXCLUDING THE DRIVER AND ANY CHAPERONES, ARE UNDER THE AGE OF
13 TWENTY-ONE YEARS.
14 2. NO CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE SHALL ALLOW A
15 PARTY BUS, SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, TO BE OPERATED
16 BY A DRIVER WHO DOES NOT HOLD A PARTY BUS ENDORSEMENT ISSUED PURSUANT TO
17 SUBPARAGRAPH (XI) OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION FIVE
18 HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW.
19 3. EVERY PARTY BUS, SPECIFIED IN SUBDIVISION ONE OF THIS SECTION,
20 SHALL BE EQUIPPED WITH A WARNING SYSTEM WHICH PROVIDES NOTICE TO THE
21 DRIVER OF SUCH BUS AND THOSE ADJACENT TO ANY DOOR, WINDOW OR OTHER
22 ACCESS PORTAL TO THE EXTERIOR OF SUCH BUS THAT SUCH DOOR, WINDOW OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05858-01-5
A. 6829 2
1 OTHER ACCESS PORTAL HAS BEEN OPENED IN AN UNAUTHORIZED MANNER. SUCH
2 WARNING SYSTEM SHALL CAUSE AN AUDIBLE ALARM TO SOUND AND A RED LIGHT TO
3 ILLUMINATE ON THE DRIVING DASHBOARD OF THE BUS WHEN ACTIVATED AND CAN BE
4 SEEN AND HEARD BY THOSE NEAR SUCH DOOR, WINDOW OR PORTAL.
5 4. EVERY PARTY BUS, SPECIFIED IN SUBDIVISION ONE OF THIS SECTION,
6 SHALL PRIOR TO DEPARTING ITS POINT OF ORIGIN AND DURING THE ENTIRETY OF
7 THE PROVISION OF THE TRANSPORTATION AND SERVICES BY THE PARTY BUS, BE
8 STAFFED WITH NOT LESS THAN ONE CHAPERONE, OVER THE AGE OF TWENTY-ONE
9 YEARS OF AGE, FOR EACH TWENTY PASSENGERS UNDER AGE OF TWENTY-ONE YEARS;
10 PROVIDED, HOWEVER, THAT IF SUCH PARTY BUS HAS MORE THAN ONE LEVEL OR
11 FLOOR, EACH LEVEL OR FLOOR SHALL BE STAFFED BY AT LEAST ONE CHAPERONE.
12 CHAPERONES SHALL BE PROVIDED BY THE CONTRACT CARRIER AND/OR THE PARTY
13 CONTRACTING FOR THE PARTY BUS. UNDER NO CIRCUMSTANCES SHALL THE DRIVER
14 OF A PARTY BUS BE DESIGNATED AS A CHAPERONE.
15 5. UPON VIOLATION OF ANY PROVISION OF THIS SECTION OR ANY OTHER LAW,
16 RULE OR REGULATION BY THE PASSENGERS OF A PARTY BUS, SPECIFIED IN SUBDI-
17 VISION ONE OF THIS SECTION, THE DRIVER THEREOF SHALL IMMEDIATELY RETURN
18 TO THE POINT OF ORIGIN OF THE TRANSPORTATION. COMPLIANCE WITH THE
19 PROVISIONS OF THIS SUBDIVISION SHALL GRANT THE PARTY BUS DRIVER AND THE
20 CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE WITH BOTH CIVIL AND
21 CRIMINAL IMMUNITY FOR ANY SUCH VIOLATIONS AND BREACH OF CONTRACT.
22 6. THE CONTRACT FOR THE PROVISION OF TRANSPORTATION AND SERVICES BY A
23 PARTY BUS, AS SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, SHALL
24 INCLUDE THEREIN THE PROVISIONS OF THIS SECTION, ALL SAFETY RULES FOR
25 SUCH BUSES, AND THAT THE PASSENGERS UNDER THE AGE OF TWENTY-ONE YEARS OF
26 AGE SHALL BE PROHIBITED FROM CONSUMING OR POSSESSING ALCOHOLIC BEVERAG-
27 ES, CONTROLLED SUBSTANCES OR MARIHUANA. SUCH CONTRACT SHALL INCLUDE AN
28 ATTESTATION THAT ANY PARTY ALLOWING ANY VIOLATION THEREOF MAY BE HELD
29 BOTH CIVILLY AND CRIMINALLY LIABLE. EVERY SUCH CONTRACT SHALL BE SIGNED
30 BY THE CONTRACTING PARTY, THE CONTRACT CARRIER OF PASSENGERS BY MOTOR
31 VEHICLE AND THE DRIVER OF THE PARTY BUS.
32 7. PRIOR TO THE DEPARTURE FROM THE POINT OF ORIGIN OF A PARTY BUS,
33 SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, THE CONTRACT CARRIER OF
34 PASSENGERS BY MOTOR VEHICLE SHALL READ A STATEMENT TO ALL PASSENGERS
35 RELATING TO REQUIREMENTS OF THIS SECTION AND ALL OTHER SAFETY FEATURES
36 AND REQUIREMENTS OF SUCH PARTY BUS.
37 8. EVERY CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE WHICH OPER-
38 ATES ONE OR MORE PARTY BUSES SHALL CONSPICUOUSLY POST ITS FEDERAL
39 DEPARTMENT OF TRANSPORTATION REGISTRATION NUMBER AND ITS PERMIT NUMBER
40 ISSUED BY THE DEPARTMENT PURSUANT TO THIS ARTICLE UPON EACH OF ITS:
41 (A) PRINTED AND ELECTRONIC ADVERTISEMENTS WHICH ADVERTISE A PARTY BUS
42 OR PARTY BUSES;
43 (B) INTERNET WEBSITES WHICH OFFER A PARTY BUS OR PARTY BUSES FOR
44 LEASE, RENTAL OR CHARTER; AND
45 (C) PARTY BUSES.
46 9. UPON THE OCCASION OF THREE OR MORE VIOLATIONS OF THE PROVISIONS OF
47 THIS SECTION OR ANY RULES AND REGULATION ADOPTED PURSUANT THERETO, OR
48 ANY OTHER PROVISION OF LAW RELATING TO PARTY BUSES BY CONTRACT CARRIER
49 OF PASSENGERS BY MOTOR VEHICLE OR ANY OF ITS DRIVERS, SUCH CARRIER'S
50 PERMIT SHALL BE SUSPENDED BY THE COMMISSIONER FOR A PERIOD OF NOT LESS
51 THAN SIX MONTHS.
52 S 3. Paragraph (b) of subdivision 2 of section 501 of the vehicle and
53 traffic law is amended by adding a new subparagraph (xi) to read as
54 follows:
55 (XI) PARTY BUS ENDORSEMENT. SHALL BE REQUIRED TO OPERATE A PARTY BUS
56 PURSUANT TO SECTION ONE HUNDRED SIXTY OF THE TRANSPORTATION LAW.
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1 S 4. Section 501 of the vehicle and traffic law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. PARTY BUS ENDORSEMENT. THE COMMISSIONER OF TRANSPORTATION SHALL BY
4 RULE ESTABLISH THE REQUIREMENTS AND COURSE OF INSTRUCTION FOR THE GRANT-
5 ING OF PARTY BUS ENDORSEMENTS.
6 S 5. Paragraph (a) of subdivision 2 of section 502 of the vehicle and
7 traffic law, as amended by chapter 520 of the laws of 1991, is amended
8 to read as follows:
9 (a) An applicant for a class A license or for a commercial driver's
10 license which contains an H [or], an X OR A PARTY BUS endorsement, or
11 which is valid for operation in interstate commerce shall be at least
12 twenty-one years of age.
13 S 6. Section 260.20 of the penal law, as amended by chapter 362 of the
14 laws of 1992 and the third undesignated paragraph as added by chapter
15 435 of the laws of 2010, is amended to read as follows:
16 S 260.20 Unlawfully dealing with a child in the first degree.
17 A person is guilty of unlawfully dealing with a child in the first
18 degree when:
19 1. He OR SHE knowingly permits a child less than eighteen years old to
20 enter or remain in or upon a place, premises or establishment where
21 sexual activity as defined by article one hundred thirty, two hundred
22 thirty or two hundred sixty-three of this chapter or activity involving
23 controlled substances as defined by article two hundred twenty of this
24 chapter or involving marihuana as defined by article two hundred twen-
25 ty-one of this chapter is maintained or conducted, and he OR SHE knows
26 or has reason to know that such activity is being maintained or
27 conducted; or
28 2. He OR SHE gives or sells or causes to be given or sold any alcohol-
29 ic beverage, as defined by section three of the alcoholic beverage
30 control law, to a person less than twenty-one years old; except that
31 this subdivision does not apply to the parent or guardian of such a
32 person or to a person who gives or causes to be given any such alcoholic
33 beverage to a person under the age of twenty-one years, who is a student
34 in a curriculum licensed or registered by the state education depart-
35 ment, where the tasting or imbibing of alcoholic beverages is required
36 in courses that are part of the required curriculum, provided such alco-
37 holic beverages are given only for instructional purposes during classes
38 conducted pursuant to such curriculum.
39 It is no defense to a prosecution pursuant to THIS subdivision [two of
40 this section] that the child acted as the agent or representative of
41 another person or that the defendant dealt with the child as such.
42 It is an affirmative defense to a prosecution pursuant to THIS subdi-
43 vision [two of this section] that the defendant who sold, caused to be
44 sold or attempted to sell such alcoholic beverage to a person less than
45 twenty-one years old, had not been, at the time of such sale or
46 attempted sale, convicted of a violation of this section or section
47 260.21 of this article within the preceding five years[, and such
48 defendant, subsequent to the commencement of the present prosecution,
49 has completed an alcohol training awareness program established pursuant
50 to subdivision twelve of section seventeen of the alcoholic beverage
51 control law]. A defendant otherwise qualifying pursuant to this para-
52 graph may request and shall be afforded a reasonable adjournment of the
53 proceedings to enable him or her to complete such alcohol training
54 awareness program[.]; OR
55 3. HE OR SHE, BEING THE DRIVER OF OR A CHAPERONE UPON A PARTY BUS
56 PURSUANT TO SECTION ONE HUNDRED SIXTY OF THE TRANSPORTATION LAW, KNOW-
A. 6829 4
1 INGLY PERMITS ANY PERSON LESS THAN TWENTY-ONE YEARS OF AGE TO POSSESS OR
2 CONSUME ANY ALCOHOLIC BEVERAGE, AS DEFINED IN SECTION THREE OF THE ALCO-
3 HOLIC BEVERAGE CONTROL LAW, OR ANY CONTROLLED SUBSTANCE OR MARIHUANA, AS
4 DEFINED IN SECTION 220.00 OF THIS CHAPTER.
5 Unlawfully dealing with a child in the first degree is a class A
6 misdemeanor.
7 S 6-a. The third undesignated paragraph of section 260.20 of the penal
8 law, as amended by section six of this act, is amended to read as
9 follows:
10 It is an affirmative defense to a prosecution pursuant to this subdi-
11 vision that the defendant who sold, caused to be sold or attempted to
12 sell such alcoholic beverage to a person less than twenty-one years old,
13 had not been, at the time of such sale or attempted sale, convicted of a
14 violation of this section or section 260.21 of this article within the
15 preceding five years, AND SUCH DEFENDANT, SUBSEQUENT TO THE COMMENCEMENT
16 OF THE PRESENT PROSECUTION, HAS COMPLETED AN ALCOHOL TRAINING AWARENESS
17 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWELVE OF SECTION SEVENTEEN
18 OF THE ALCOHOLIC BEVERAGE CONTROL LAW. A defendant otherwise qualifying
19 pursuant to this paragraph may request and shall be afforded a reason-
20 able adjournment of the proceedings to enable him or her to complete
21 such alcohol training awareness program; or
22 S 7. This act shall take effect on the first of January next succeed-
23 ing the date on which it shall have become a law; provided, however,
24 that section six-a of this act shall take effect upon the expiration of
25 section 17 of the alcoholic beverage control law as provided in section
26 4 of chapter 118 of the laws of 2012; provided further, that, effective
27 immediately, any rules and regulations necessary to implement the
28 provisions of this act on its effective date are authorized and directed
29 to be completed on or before such date.