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S01347 Summary:

Add S375-b, V & T L; add S3635-d, amd S3623-a, Ed L
Mandates ignition interlock devices for school buses manufactured after July 1, 2016; authorizes school boards to determine the specifics of retrofitting school buses manufactured prior to such date; permits school boards to adopt policies requiring installation and use of such devices; provides state aid for expenses incurred for such devices.
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S01347 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                     January 9, 2013
        Introduced  by  Sens.  MAZIARZ, LARKIN, PARKER -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation -- recommitted to the Committee on Transportation in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,

          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend the vehicle and traffic law and the education law, in
          relation to mandating ignition interlock devices for school buses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 375-b to read as follows:
     3    § 375-b. Ignition interlock devices for school buses. 1. Every  school
     4  bus,  as defined in section one hundred forty-two of this chapter, manu-
     5  factured for use in this state on and after  July  first,  two  thousand
     6  sixteen,  shall be equipped with a functioning ignition interlock device
     7  of a type and specification as approved by the National Highway  Traffic

     8  Safety Administration and the commissioner of transportation through the
     9  adoption  of  rules  and  regulations.  Such rules and regulations shall
    10  include provisions for setting the calibration and  shall  include,  but
    11  not be limited to, requirements that the devices:
    12    (a)  have  features  that make circumventing difficult and that do not
    13  interfere with the normal or safe operation of the vehicle;
    14    (b) work accurately and reliably in an unsupervised environment;
    15    (c) resist tampering and give evidence if tampering is attempted;
    16    (d) minimize inconvenience to a sober user;
    17    (e) operate reliably over the range of automobile environments; and
    18    (f) are manufactured by a party covered by  product  liability  insur-
    19  ance.

    20    2.  Any school bus as defined in section one hundred forty-two of this
    21  chapter, which is scheduled for retrofitting pursuant  to  action  by  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1347--A                          2
     1  board of education or board of trustees under section thirty-six hundred
     2  thirty-five-d of the education law shall be retrofitted so that all such
     3  vehicles are equipped with an ignition interlocking device in accordance
     4  with the provisions of this section.
     5    3.  For  the purposes of this section, the term "ignition interlocking

     6  device" shall mean a device that connects to a  motor  vehicle  ignition
     7  system  and  prevents the operation of a motor vehicle by an intoxicated
     8  or impaired person.
     9    § 2. The education law is amended by adding a new  section  3635-d  to
    10  read as follows:
    11    § 3635-d. Ignition interlock device usage.  1. A board of education or
    12  board of trustees may, in its discretion, following a public hearing for
    13  the  purpose  of  determining  whether  a  resolution  shall be adopted,
    14  provide for the use of ignition interlock devices on  school  buses,  in
    15  accordance with regulations and standards established by the commission-
    16  er  of  transportation  under  subdivision  one of section three hundred
    17  seventy-five-b of the vehicle and traffic law.

    18    2. Such public hearing, conducted upon  reasonable  notice,  shall  be
    19  held to consider: (a) whether the district shall install ignition inter-
    20  lock  devices  on  buses  purchased  and/or  contracted for prior to the
    21  effective date of this section and require  their  use;  (b)  when  such
    22  installation  shall  be provided; and (c) whether use of ignition inter-
    23  lock devices shall be required on all school buses within  the  district
    24  so  equipped  after a date to be determined by the board of education or
    25  board of trustees.
    26    3. Within twenty days after the public hearing, the board of education
    27  or board of trustees shall, by resolution, determine whether to  require
    28  installation and use of ignition interlock devices on some or all school

    29  buses.
    30    4. This section shall apply only to vehicles owned or leased by school
    31  districts  and  nonpublic  schools,  and  to  vehicles  used  to perform
    32  contracts with such school  districts  and  nonpublic  schools  for  the
    33  purpose of transporting school children for hire.
    34    5.  Nothing  in  this section shall be construed to impose a duty upon
    35  boards of education or boards of trustees to provide ignition  interlock
    36  devices  on school buses purchased or contracted for prior to the effec-
    37  tive date of this section, nor shall any board of education or board  of
    38  trustees  be  held  liable  for  failure  to  provide ignition interlock
    39  devices pursuant to this section. A school board member or trustee shall

    40  have immunity from any civil or criminal liability that might  otherwise
    41  be  incurred  or  imposed  as a result of the provisions of this section
    42  provided that such person shall  have  acted  in  good  faith.  For  the
    43  purpose of any proceeding, civil or criminal, the good faith of any such
    44  person shall be presumed.
    45    6.  The provisions of this section shall not apply to school districts
    46  that are using ignition  interlock  devices  on  school  buses  or  have
    47  installed  or have contracted for the installation of ignition interlock
    48  devices prior to the effective date of this section.
    49    § 3. Subdivision 2 of section 3623-a of the education law  is  amended
    50  by adding a new paragraph f to read as follows:

    51    f.  Expenses  incurred for ignition interlock devices for school buses
    52  in accordance with section three hundred seventy-five-b of  the  vehicle
    53  and  traffic  law  and  section thirty-six hundred thirty-five-d of this
    54  article, as approved pursuant to  regulations  of  the  commissioner  of
    55  transportation.

        S. 1347--A                          3
     1    §  4. This act shall take effect July 1, 2016; provided, however, that
     2  effective immediately, the addition, amendment and/or repeal of any rule
     3  or regulation necessary for the implementation of this act on its effec-
     4  tive date is authorized and directed to be  made  and  completed  on  or
     5  before such effective date.
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