S T A T E O F N E W Y O R K
________________________________________________________________________
361
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. RYAN -- 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:
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.
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.
LBD00020-01-5
A. 361 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, 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.