New York A 5271: Relates to rules and regulations of the state; requires recommendations on repealing unnecessary or otherwise burdensome rules and regulations

Bill Text

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A05271 Summary:

BILL NOA05271 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBrown K

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COSPNSRGiglio

&nbsp

MLTSPNSRAngelino, Norber, Palmesano

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Amd §1194, add §1195-a, V & T L; amd §49-a, Nav L

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Implements oral fluid tests which tests a person's saliva for the presence of cannabis.

Go to top A05271 Actions:

BILL NOA05271 

&nbsp

02/12/2025referred to transportation

05/28/2025held for consideration in transportation

01/07/2026referred to transportation

Go to topA05271 Committee&nbspVotes:

Committee:TRANSPORTATION Chair:Magnarelli 
DATE:05/28/2025AYE/NAY:16/7 Action: Held for Consideration MagnarelliAyeMillerNay

LupardoAyeMcDonoughExcused

SimonAyeDeStefanoNay

WilliamsExcusedDursoNay

McMahonAyeGiglioNay

GallagherAyeSlaterNay

MitaynesAyeBendettNay

De Los SantosAyeChludzinskiNay

CunninghamAye

AlvarezAye

ShresthaAye

ShimskyAye

EachusAye

BurroughsAbsent

WrightAye

ValdezAye

RomeroAye

HooksAye

Go to topA05271 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05271 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5271

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
 tee on Transportation

 AN ACT to amend the vehicle and traffic law and the navigation law, in
 relation to implementing oral fluid tests

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 1 of section 1194 of the vehicle and traffic
 2 law is amended by adding a new paragraph (c) to read as follows:
 3 (c) Oral fluid test. (1) Definition. For the purposes of this article,
 4 "oral fluid test" means a standardized preliminary saliva analysis test
 5 validated by the National Highway Traffic Safety Administration for the
 6 detection of cannabis. A field sobriety test is considered an oral fluid
 7 test if it is administered in substantial compliance with the standards
 8 prescribed by the National Highway Traffic Safety Administration.
 9 (2) Oral fluid test. Every person operating a motor vehicle which has
 10 been involved in an accident or which is operated in violation of any of
 11 the provisions of this chapter shall, at the request of a police offi-
 12 cer, submit to an oral fluid test to be administered by the police offi-
 13 cer. If such test indicates the presence of cannabis in the person's
 14 saliva, the police officer may request such operator to submit to a
 15 chemical test in the manner set forth in subdivision two of this
 16 section.
 17 § 2. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1194
 18 of the vehicle and traffic law, as amended by chapter 196 of the laws of
 19 1996, is amended to read as follows:
 20 (2) within two hours after a breath test, as provided in paragraph (b)
 21 of subdivision one of this section, and/or an oral fluid test, as
 22 provided in paragraph (c) of subdivision one of this section, indicates
 23 that alcohol and/or cannabis has been consumed by such person and in
 24 accordance with the rules and regulations established by the police
 25 force of which the officer is a member;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08782-01-5

 A. 5271 2

 1 § 3. Subparagraph 1 of paragraph (b) of subdivision 2 of section 1194
 2 of the vehicle and traffic law, as amended by chapter 489 of the laws of
 3 2017 and clause (A) as amended by chapter 27 of the laws of 2018, is
 4 amended to read as follows:
 5 (1) If: (A) such person having been placed under arrest; or (B) after
 6 a breath test indicates the presence of alcohol in the person's system;
 7 or (C) after an oral fluid test indicates the presence of cannabis in
 8 the person's saliva; or (D) with regard to a person under the age of
 9 twenty-one, there are reasonable grounds to believe that such person has
 10 been operating a motor vehicle after having consumed alcohol in
 11 violation of section eleven hundred ninety-two-a of this article; and
 12 having thereafter been requested to submit to such chemical test and
 13 having been informed that the person's license or permit to drive and
 14 any non-reside