Bill Text: NY A01862 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A01862 Detail]

Download: New_York-2013-A01862-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1862
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  MONTESANO  --  read once and referred 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:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 375-b to read as follows:
    3    S  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  FIFTEEN, 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
   22  BOARD OF EDUCATION OR BOARD OF TRUSTEES UNDER SECTION THIRTY-SIX HUNDRED
   23  THIRTY-FIVE-D OF THE EDUCATION LAW SHALL BE RETROFITTED SO THAT ALL SUCH
   24  VEHICLES ARE EQUIPPED WITH AN IGNITION INTERLOCKING DEVICE IN ACCORDANCE
   25  WITH THE PROVISIONS OF THIS SECTION.
   26    3. FOR THE PURPOSES OF THIS SECTION, THE TERM  "IGNITION  INTERLOCKING
   27  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
       A. 1862                             2
    1  SYSTEM AND PREVENTS THE OPERATION OF A MOTOR VEHICLE BY  AN  INTOXICATED
    2  OR IMPAIRED PERSON.
    3    S  2.  The  education law is amended by adding a new section 3635-d to
    4  read as follows:
    5    S 3635-D. IGNITION INTERLOCK DEVICE USAGE.  1. A BOARD OF EDUCATION OR
    6  BOARD OF TRUSTEES MAY, IN ITS DISCRETION, FOLLOWING A PUBLIC HEARING FOR
    7  THE PURPOSE OF  DETERMINING  WHETHER  A  RESOLUTION  SHALL  BE  ADOPTED,
    8  PROVIDE  FOR  THE  USE OF IGNITION INTERLOCK DEVICES ON SCHOOL BUSES, IN
    9  ACCORDANCE WITH REGULATIONS AND STANDARDS ESTABLISHED BY THE COMMISSION-
   10  ER OF TRANSPORTATION UNDER SUBDIVISION  ONE  OF  SECTION  THREE  HUNDRED
   11  SEVENTY-FIVE-B OF THE VEHICLE AND TRAFFIC LAW.
   12    2.  SUCH  PUBLIC  HEARING,  CONDUCTED UPON REASONABLE NOTICE, SHALL BE
   13  HELD TO CONSIDER: (A) WHETHER THE DISTRICT SHALL INSTALL IGNITION INTER-
   14  LOCK DEVICES ON BUSES PURCHASED  AND/OR  CONTRACTED  FOR  PRIOR  TO  THE
   15  EFFECTIVE  DATE  OF  THIS  SECTION  AND REQUIRE THEIR USE; (B) WHEN SUCH
   16  INSTALLATION SHALL BE PROVIDED; AND (C) WHETHER USE OF  IGNITION  INTER-
   17  LOCK  DEVICES  SHALL BE REQUIRED ON ALL SCHOOL BUSES WITHIN THE DISTRICT
   18  SO EQUIPPED AFTER A DATE TO BE DETERMINED BY THE BOARD OF  EDUCATION  OR
   19  BOARD OF TRUSTEES.
   20    3. WITHIN TWENTY DAYS AFTER THE PUBLIC HEARING, THE BOARD OF EDUCATION
   21  OR  BOARD OF TRUSTEES SHALL, BY RESOLUTION, DETERMINE WHETHER TO REQUIRE
   22  INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES ON SOME OR ALL SCHOOL
   23  BUSES.
   24    4. THIS SECTION SHALL APPLY ONLY TO VEHICLES OWNED OR LEASED BY SCHOOL
   25  DISTRICTS AND  NONPUBLIC  SCHOOLS,  AND  TO  VEHICLES  USED  TO  PERFORM
   26  CONTRACTS  WITH  SUCH  SCHOOL  DISTRICTS  AND  NONPUBLIC SCHOOLS FOR THE
   27  PURPOSE OF TRANSPORTING SCHOOL CHILDREN FOR HIRE.
   28    5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPOSE  A  DUTY  UPON
   29  BOARDS  OF EDUCATION OR BOARDS OF TRUSTEES TO PROVIDE IGNITION INTERLOCK
   30  DEVICES ON SCHOOL BUSES PURCHASED OR CONTRACTED FOR PRIOR TO THE  EFFEC-
   31  TIVE  DATE OF THIS SECTION, NOR SHALL ANY BOARD OF EDUCATION OR BOARD OF
   32  TRUSTEES BE HELD  LIABLE  FOR  FAILURE  TO  PROVIDE  IGNITION  INTERLOCK
   33  DEVICES PURSUANT TO THIS SECTION. A SCHOOL BOARD MEMBER OR TRUSTEE SHALL
   34  HAVE  IMMUNITY FROM ANY CIVIL OR CRIMINAL LIABILITY THAT MIGHT OTHERWISE
   35  BE INCURRED OR IMPOSED AS A RESULT OF THE  PROVISIONS  OF  THIS  SECTION
   36  PROVIDED  THAT  SUCH  PERSON  SHALL  HAVE  ACTED  IN GOOD FAITH. FOR THE
   37  PURPOSE OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD FAITH OF ANY SUCH
   38  PERSON SHALL BE PRESUMED.
   39    6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SCHOOL  DISTRICTS
   40  THAT  ARE  USING  IGNITION  INTERLOCK  DEVICES  ON  SCHOOL BUSES OR HAVE
   41  INSTALLED OR HAVE CONTRACTED FOR THE INSTALLATION OF IGNITION  INTERLOCK
   42  DEVICES PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   43    S  3.  Subdivision 2 of section 3623-a of the education law is amended
   44  by adding a new paragraph f to read as follows:
   45    F. EXPENSES INCURRED FOR IGNITION INTERLOCK DEVICES FOR  SCHOOL  BUSES
   46  IN  ACCORDANCE  WITH SECTION THREE HUNDRED SEVENTY-FIVE-B OF THE VEHICLE
   47  AND TRAFFIC LAW AND SECTION THIRTY-SIX  HUNDRED  THIRTY-FIVE-D  OF  THIS
   48  ARTICLE,  AS  APPROVED  PURSUANT  TO  REGULATIONS OF THE COMMISSIONER OF
   49  TRANSPORTATION.
   50    S 4. This act shall take effect July 1, 2015; provided, however,  that
   51  effective immediately, the addition, amendment and/or repeal of any rule
   52  or regulation necessary for the implementation of this act on its effec-
   53  tive  date  is  authorized  and  directed to be made and completed on or
   54  before such effective date.