ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 401
Regular Session, 2010
HOUSE BILL NO. 1170
BY REPRESENTATIVES LANDRY, AUSTIN BADON, BARROW, BILLIOT, HENRY
BURNS, TIM BURNS, CARTER, CORTEZ, DOVE, GI SCLAIR, HARDY,
HARRISON, HAZEL, ROSALIND JONES, SAM JONES, LABRUZZO, LIGI,
LORUSSO, MILLS, RICHARD, RICHMOND, GARY SMITH, JANE SMITH,
THIERRY, AND WILLMOTT
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
(2) The disqualification period imposed by this Subsection may be reduced21
if the driver meets all the following conditions:22 ENROLLEDHB NO. 1170
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are additions.
(a) The driver is not convicted of driving under the influence of alcohol or1
a controlled substance while operating a commercial motor vehicle or2
noncommercial motor vehicle for a period of five years after conviction of the3
disqualifying offense or refusal.4
(b) The driver has not refused to submit to a chemical test for the purpose of5
determining the alcoholic content of his blood when arrested for an offense arising6
out of acts alleged to have been committed while the driver was driving or in actual7
physical control of a commercial motor vehicle or noncommercial motor vehicle8
while believed to be under the influence of alcoholic beverages or a controlled9
substance for a period of five years after the disqualifying offense or refusal.10
(c) The driver has successfully completed medical treatment or medically11
approved group therapy or special education courses for or about the disease of12
alcoholism, alcohol abuse, or drug abuse, in a suitable public or private institution13
or program approved by the appropriate state authority.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: