HLS 10RS-181 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 1170 BY REPRESENTATIVE LANDRY SCHOOL BUS DRIVERS: Disqualifies commercial driver's license holders from operating school buses after conviction of DWI offenses AN ACT1 To enact R.S. 32:414.2(E), relative to commercial driver's license holders; to prohibit certain2 persons from operating school buses; and to provide for related matters.3 Be it enacted by the Legislature of Louisiana:4 Section 1. R.S. 32:414.2(E) is hereby enacted to read as follows:5 ยง414.2. Commercial motor vehicle drivers; disqualification; issuance of Class "D"6 or "E" license; alcohol content in breath and blood; implied consent7 * * *8 E.(1) Unless a longer suspension or disqualification period is provided for9 in Subsections A through D of this Section, a commercial driver's license holder10 shall be disqualified from operating a school bus for a period of ten years for the11 following:12 (a) Conviction of driving under the influence of alcohol or a controlled13 substance while operating a commercial motor vehicle or noncommercial motor14 vehicle.15 (b) Refusal to submit to a chemical test for the purpose of determining the16 alcoholic content of his blood when arrested for an offense arising out of acts alleged17 to have been committed while the driver was driving or in actual physical control of18 a commercial motor vehicle or noncommercial motor vehicle while believed to be19 under the influence of alcoholic beverages or a controlled substance.20 HLS 10RS-181 ORIGINAL HB NO. 1170 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) The disqualification period imposed by this Subsection may be reduced1 if the driver meets all the following conditions:2 (a) The driver is not convicted of driving under the influence of alcohol or3 a controlled substance while operating a commercial motor vehicle or4 noncommercial motor vehicle for a period of five years after conviction of the5 disqualifying offense or refusal.6 (b) The driver has not refused to submit to a chemical test for the purpose of7 determining the alcoholic content of his blood when arrested for an offense arising8 out of acts alleged to have been committed while the driver was driving or in actual9 physical control of a commercial motor vehicle or noncommercial motor vehicle10 while believed to be under the influence of alcoholic beverages or a controlled11 substance for a period of five years after the disqualifying offense or refusal.12 (c) The driver has successfully completed medical treatment or medically13 approved group therapy or special education courses for or about the disease of14 alcoholism, alcohol abuse, or drug abuse, in a suitable public or private institution15 or program approved by the appropriate state authority.16 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Landry HB No. 1170 Abstract: Disqualifies certain commercial drivers from operating school buses after certain offenses relating to driving under the influence. Present law subjects all persons with commercial drivers licenses, including school bus drivers, to a graduated system of commercial drivers license suspension and disqualification for conviction of operating under the influence of alcohol or controlled dangerous substances. Proposed law retains present law with regards to commercial drivers with the exception of school bus drivers. Proposed law disqualifies commercial drivers from operating school buses for 10 years after a conviction of driving under the influence or refusing to submit to an alcohol concentration or drug test. HLS 10RS-181 ORIGINAL HB NO. 1170 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law reduces disqualification period subject to certain conditions being met. (Adds R.S. 32:414.2(E))