senate Bill S1347A

2013-2014 Legislative Session

Mandates ignition interlock devices for school buses

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 17, 2014 print number 1347a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
Jan 29, 2013 reported and committed to finance
Jan 09, 2013 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1347 - Bill Details

See Assembly Version of this Bill:
A837A
Current Committee:
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 Previous Legislative Sessions:
2011-2012: S244
2009-2010: S1453

S1347 - Bill Texts

view summary

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.

view sponsor 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1347

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

Co-Sponsors

S1347A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A837A
Current Committee:
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 Previous Legislative Sessions:
2011-2012: S244
2009-2010: S1453

S1347A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S1347A

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, 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. 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
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 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, 2016 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1347--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             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:

  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
SIXTEEN,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02305-02-4

S. 1347--A                          2

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
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. 1347--A                          3

  S  4. This act shall take effect July 1, 2016; 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.

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