NY State Senate Bill 2015-S3047A

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2016	print number 3047a
Mar 30, 2016	amend and recommit to transportation
Jan 06, 2016	referred to transportation
Feb 02, 2015	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S3047 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §375-b, V & T L; add §3635-d, amd §3623-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1453
2011-2012: S244
2013-2014: S1347

2015-S3047 - Summary

Mandates ignition interlock devices for school buses manufactured after July 1, 2019; 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.

2015-S3047 - Sponsor Memo

                                BILL NUMBER:S3047

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 his
state on and after July 1, 2016 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. Section 1 also 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-d 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 36 23-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 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.1347A of 2013/2014
S.244 of 2011/2012
S.1453 of 2009/2010
S.507-A/ of 2007/2008
S.14 of 2005/2006
S.928 of 2003/2004
S.4700 of 2001/2002
S.5469 of 1999/2000

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect July 1, 2018 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.

2015-S3047 - Bill Text download pdf

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

                                  3047

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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
EIGHTEEN, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00020-01-5

S. 3047                             2

  3.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "IGNITION INTERLOCKING
DEVICE" SHALL MEAN A DEVICE THAT CONNECTS TO A  MOTOR  VEHICLE  IGNITION
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, 2018; 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.

co-Sponsors

2015-S3047A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §375-b, V & T L; add §3635-d, amd §3623-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1453
2011-2012: S244
2013-2014: S1347

2015-S3047A (ACTIVE) - Summary

2015-S3047A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3047A

 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 his
state on and after July 1, 2016 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. Section 1 also 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-d 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 36 23-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 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 perfoming 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.1347A of 2013/2014
S.244 of 2011/2012
S.1453 of 2009/2010
S.507-A/ of 2007/2008
S.14 of 2005/2006
S.928 of 2003/2004
S.4700 of 2001/2002
S.5469 of 1999/2000

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect July 1, 2019 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.

2015-S3047A (ACTIVE) - Bill Text download pdf

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

                                 3047--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sens. MARTINS, MURPHY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  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:

  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
NINETEEN, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00020-02-6

S. 3047--A                          2

  3.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "IGNITION INTERLOCKING
DEVICE" SHALL MEAN A DEVICE THAT CONNECTS TO A  MOTOR  VEHICLE  IGNITION
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, 2019; 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  are  authorized  and directed to be made and completed on or
before such effective date.

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Senate Bill S3047A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2015-S3047 - Details

2015-S3047 - Summary

2015-S3047 - Sponsor Memo

2015-S3047 - Bill Text download pdf

co-Sponsors

2015-S3047A (ACTIVE) - Details

2015-S3047A (ACTIVE) - Summary

2015-S3047A (ACTIVE) - Sponsor Memo

2015-S3047A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3047A

Share this bill

Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

Terrence Murphy

2015-S3047 - Details

2015-S3047 - Summary

2015-S3047 - Sponsor Memo

2015-S3047 - Bill Text download pdf

co-Sponsors

Terrence Murphy

2015-S3047A (ACTIVE) - Details

2015-S3047A (ACTIVE) - Summary

2015-S3047A (ACTIVE) - Sponsor Memo

2015-S3047A (ACTIVE) - Bill Text download pdf

Comments