Mandates ignition interlock devices for school buses manufactured after July 1, 2015; 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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S1347-2013 Actions

• Jan 29, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 9, 2013: REFERRED TO TRANSPORTATION

S1347-2013 Meetings

Transportation: Jan 29, 2013

S1347-2013 Votes

S1347-2013 Memo

BILL NUMBER:S1347

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the education law, in relation
to mandating ignition interlock devices for school buses

PURPOSE:
To phase in usage of ignition interlock devices on school buses.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 375-b to the vehicle and
traffic law to require every school bus manufactured for use in this
state on and after July 1, 2015 to be equipped with a functioning
ignition interlock device of a type and specification as approved by
the National Highway Traffic Safety Administration and the NYS
Commissioner of Transportation. Permits retrofitting of existing
school buses with ignition interlock devices pursuant to action by a
board of education or board of trustees under section 3635-c of the
education law. Section 2 of the bill adds a new section 3635-c of the
education law to permit a board of education or board of trustees, in
its discretion, following a public hearing, to adopt a resolution to
provide for installation and use of ignition interlock devices on
school buses. Nothing in this section shall be construed to impose a
duty upon boards of education or boards of trustees to provide
ignition interlock devices on school buses purchased or contracted
for prior to the effective date of this section, nor shall a board be
held liable for failure to provide ignition interlock devices
pursuant to this section. Section 3 of the bill adds a new paragraph
f to section 3623-a(2) of the education
law to provide state aid for expenses incurred for ignition interlock
devices for school buses. Section 4 of the bill is the effective date.

JUSTIFICATION:
Unfortunately, even with random alcohol and drug testing of school bus
drivers, there have still been incidents of school bus drivers
operating school buses while driving drunk or alcohol impaired. Over
the last three years, there have been six incidents in New York State
reported by the media of school bus drivers conducting their routes
while under the influence of alcohol. Nationwide, there have been a
reported thirty-seven incidents of school bus drivers performing
their duties while under the influence over the last ten years.

Six reported incidents of school bus drivers driving while under the
influence of alcohol are six too many. We do not know how many other
incidents there may be that go undetected. School bus drivers are
charged with a very important responsibility in the transportation of
our most precious cargo, children. There are no excuses when a school
bus driver gets behind the wheel of their bus, after they have been
drinking, and proceeds to transport children on their route. Zero
tolerance is the only possible policy when it comes to transporting

New York's children. A man by the name of Joseph R. Argy understood
the importance of safely transporting the most precious cargo in the
world, children. Mr. Argy dedicated his entire life's work, over the
span of forty years, to ensuring the travel safety of adults and
children through his business as the owner and operator of Niagara
Falls Coach Lines, Inc. Mr. Argy, concerned with increases in the
occurrences of drunk driving among the general populace, began a
project to develop a device which could be used to ensure members of
his fleet could never get behind the wheel of a school bus while
under the influence of alcohol. He was concerned, not only about the
daily school route, but also when drivers provide transportation of
students to extracurricular activities in which the drivers often
wait for hours without supervision. His search was for a
technologically advanced measure that would prevent an
alcohol-impaired school bus driver from starting a school bus.
He worked with manufacturers to develop an ignition interlock
device for school buses. While such products are coming onto the
market, it was also his goal to press for their usage. Sadly, he
passed away before he could personally witness widespread use of this
device, but it is a legacy his family is working to bring to
fruition. This legislation phases in the use of ignition interlock
devices on school buses. The devices would be of a type and
specification approved by the National Highway Traffic Safety
Administration and the rules and regulations of the NYS Commissioner
of Transportation. By requiring the use of ignition interlock devices
on school buses, we can prevent further incidents of impaired driving
from alcohol which endangers the lives of other motorists,
pedestrians and the children entrusted to the driver.

LEGISLATIVE HISTORY:
S.244 of 2011/2012; Referred to Senate Transportation
S.1453 of 2009/2010; Referred to Senate Transportation
S.507-A/A.2222-A of 2007/2008; Referred to Senate Transportation
S.14 of 2005/2006; Referred to Senate Transportation
S.928 of 2003/2004; Referred to Senate Transportation
S.4700 of 2001/2002; Referred to Senate Transportation
S.5469 of 1999/2000; Referred to Senate Transportation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect July 1, 2015 provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

S1347-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1347

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
    printed to be committed to the Committee on Transportation

  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:


    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
  section 375-b to read as follows:

    S  375-B. IGNITION INTERLOCK DEVICES FOR SCHOOL BUSES. 1. EVERY SCHOOL
  BUS, AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER,  MANU-
  FACTURED  FOR  USE  IN  THIS STATE ON AND AFTER JULY FIRST, TWO THOUSAND
  FIFTEEN, SHALL BE EQUIPPED WITH A FUNCTIONING IGNITION INTERLOCK  DEVICE
  OF  A TYPE AND SPECIFICATION AS APPROVED BY THE NATIONAL HIGHWAY TRAFFIC
  SAFETY ADMINISTRATION AND THE COMMISSIONER OF TRANSPORTATION THROUGH THE
  ADOPTION OF RULES AND REGULATIONS.  SUCH  RULES  AND  REGULATIONS  SHALL
  INCLUDE  PROVISIONS  FOR  SETTING THE CALIBRATION AND SHALL INCLUDE, BUT
  NOT BE LIMITED TO, REQUIREMENTS THAT THE DEVICES:

    (A) HAVE FEATURES THAT MAKE CIRCUMVENTING DIFFICULT AND  THAT  DO  NOT
  INTERFERE WITH THE NORMAL OR SAFE OPERATION OF THE VEHICLE;
    (B) WORK ACCURATELY AND RELIABLY IN AN UNSUPERVISED ENVIRONMENT;
    (C) RESIST TAMPERING AND GIVE EVIDENCE IF TAMPERING IS ATTEMPTED;
    (D) MINIMIZE INCONVENIENCE TO A SOBER USER;
    (E) OPERATE RELIABLY OVER THE RANGE OF AUTOMOBILE ENVIRONMENTS; AND
    (F)  ARE  MANUFACTURED  BY A PARTY COVERED BY PRODUCT LIABILITY INSUR-
  ANCE.
    2. ANY SCHOOL BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF  THIS
  CHAPTER,  WHICH  IS  SCHEDULED  FOR RETROFITTING PURSUANT TO ACTION BY A
  BOARD OF EDUCATION OR BOARD OF TRUSTEES UNDER SECTION THIRTY-SIX HUNDRED
  THIRTY-FIVE-D OF THE EDUCATION LAW SHALL BE RETROFITTED SO THAT ALL SUCH
  VEHICLES ARE EQUIPPED WITH AN IGNITION INTERLOCKING DEVICE IN ACCORDANCE
  WITH THE PROVISIONS OF THIS SECTION.
    3. FOR THE PURPOSES OF THIS SECTION, THE TERM  "IGNITION  INTERLOCKING
  DEVICE"  SHALL  MEAN  A DEVICE THAT CONNECTS TO A MOTOR VEHICLE IGNITION

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02305-01-3

 S. 1347                             2

  SYSTEM AND PREVENTS THE OPERATION OF A MOTOR VEHICLE BY  AN  INTOXICATED
  OR IMPAIRED PERSON.
    S  2.  The  education law is amended by adding a new section 3635-d to
  read as follows:

    S 3635-D. IGNITION INTERLOCK DEVICE USAGE.  1. A BOARD OF EDUCATION OR
  BOARD OF TRUSTEES MAY, IN ITS DISCRETION, FOLLOWING A PUBLIC HEARING FOR
  THE PURPOSE OF  DETERMINING  WHETHER  A  RESOLUTION  SHALL  BE  ADOPTED,
  PROVIDE  FOR  THE  USE OF IGNITION INTERLOCK DEVICES ON SCHOOL BUSES, IN
  ACCORDANCE WITH REGULATIONS AND STANDARDS ESTABLISHED BY THE COMMISSION-
  ER OF TRANSPORTATION UNDER SUBDIVISION  ONE  OF  SECTION  THREE  HUNDRED
  SEVENTY-FIVE-B OF THE VEHICLE AND TRAFFIC LAW.
    2.  SUCH  PUBLIC  HEARING,  CONDUCTED UPON REASONABLE NOTICE, SHALL BE
  HELD TO CONSIDER: (A) WHETHER THE DISTRICT SHALL INSTALL IGNITION INTER-
  LOCK DEVICES ON BUSES PURCHASED  AND/OR  CONTRACTED  FOR  PRIOR  TO  THE
  EFFECTIVE  DATE  OF  THIS  SECTION  AND REQUIRE THEIR USE; (B) WHEN SUCH
  INSTALLATION SHALL BE PROVIDED; AND (C) WHETHER USE OF  IGNITION  INTER-
  LOCK  DEVICES  SHALL BE REQUIRED ON ALL SCHOOL BUSES WITHIN THE DISTRICT
  SO EQUIPPED AFTER A DATE TO BE DETERMINED BY THE BOARD OF  EDUCATION  OR
  BOARD OF TRUSTEES.
    3. WITHIN TWENTY DAYS AFTER THE PUBLIC HEARING, THE BOARD OF EDUCATION
  OR  BOARD OF TRUSTEES SHALL, BY RESOLUTION, DETERMINE WHETHER TO REQUIRE
  INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES ON SOME OR ALL SCHOOL
  BUSES.
    4. THIS SECTION SHALL APPLY ONLY TO VEHICLES OWNED OR LEASED BY SCHOOL
  DISTRICTS AND  NONPUBLIC  SCHOOLS,  AND  TO  VEHICLES  USED  TO  PERFORM
  CONTRACTS  WITH  SUCH  SCHOOL  DISTRICTS  AND  NONPUBLIC SCHOOLS FOR THE
  PURPOSE OF TRANSPORTING SCHOOL CHILDREN FOR HIRE.
    5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPOSE  A  DUTY  UPON
  BOARDS  OF EDUCATION OR BOARDS OF TRUSTEES TO PROVIDE IGNITION INTERLOCK
  DEVICES ON SCHOOL BUSES PURCHASED OR CONTRACTED FOR PRIOR TO THE  EFFEC-
  TIVE  DATE OF THIS SECTION, NOR SHALL ANY BOARD OF EDUCATION OR BOARD OF
  TRUSTEES BE HELD  LIABLE  FOR  FAILURE  TO  PROVIDE  IGNITION  INTERLOCK
  DEVICES PURSUANT TO THIS SECTION. A SCHOOL BOARD MEMBER OR TRUSTEE SHALL
  HAVE  IMMUNITY FROM ANY CIVIL OR CRIMINAL LIABILITY THAT MIGHT OTHERWISE
  BE INCURRED OR IMPOSED AS A RESULT OF THE  PROVISIONS  OF  THIS  SECTION
  PROVIDED  THAT  SUCH  PERSON  SHALL  HAVE  ACTED  IN GOOD FAITH. FOR THE
  PURPOSE OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD FAITH OF ANY SUCH
  PERSON SHALL BE PRESUMED.
    6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SCHOOL  DISTRICTS
  THAT  ARE  USING  IGNITION  INTERLOCK  DEVICES  ON  SCHOOL BUSES OR HAVE
  INSTALLED OR HAVE CONTRACTED FOR THE INSTALLATION OF IGNITION  INTERLOCK
  DEVICES PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
    S  3.  Subdivision 2 of section 3623-a of the education law is amended
  by adding a new paragraph f to read as follows:

    F. EXPENSES INCURRED FOR IGNITION INTERLOCK DEVICES FOR  SCHOOL  BUSES
  IN  ACCORDANCE  WITH SECTION THREE HUNDRED SEVENTY-FIVE-B OF THE VEHICLE
  AND TRAFFIC LAW AND SECTION THIRTY-SIX  HUNDRED  THIRTY-FIVE-D  OF  THIS
  ARTICLE,  AS  APPROVED  PURSUANT  TO  REGULATIONS OF THE COMMISSIONER OF
  TRANSPORTATION.
    S 4. This act shall take effect July 1, 2015; provided, however,  that
  effective immediately, the addition, amendment and/or repeal of any rule
  or regulation necessary for the implementation of this act on its effec-
  tive  date  is  authorized  and  directed to be made and completed on or
  before such effective date.