Senate Bill S3240A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3240--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by Sens. COONEY, GALLIVAN -- 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, in relation to  drivers  of
   school  buses that are carrying students using hands-free mobile tele-
   phones
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 1225-c of the vehicle and traffic
 law is amended by adding a new paragraph (e) to read as follows:
   (E) NO DRIVER OF A SCHOOL  BUS  AS  DEFINED  IN  SECTION  ONE  HUNDRED
 FORTY-TWO  OF THIS CHAPTER SHALL USE A HANDS-FREE MOBILE TELEPHONE WHILE
 OPERATING A SCHOOL BUS THAT IS CARRYING STUDENTS EXCEPT IN THE  CASE  OF
 AN  EMERGENCY  PURSUANT  TO  PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS
 SECTION OR IF THE SCHOOL BUS IS PARKED, FOR PURPOSES OTHER THAN DROPPING
 OFF OR PICKING UP STUDENTS, AT THE SIDE OF, OR OFF, A PUBLIC HIGHWAY  IN
 A  LOCATION WHERE SUCH VEHICLE IS NOT OTHERWISE PROHIBITED FROM STOPPING
 BY LAW, RULE, REGULATION OR ANY LAWFUL ORDER OR DIRECTION  OF  A  POLICE
 OFFICER.    THIS  PARAGRAPH SHALL NOT APPLY TO THE LAWFUL USE OF DEVICES
 DESIGNATED FOR COMMUNICATION BETWEEN A DRIVER AND THE DISPATCH OR SCHOOL
 DISTRICT, SUCH AS TWO-WAY RADIOS OR ANY OTHER  DEVICE  EXEMPTED  BY  THE
 COMMISSIONER  OF  EDUCATION,  IN CONSULTATION WITH THE COMMISSIONER. THE
 COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE COMMISSIONER,  SHALL
 BE  AUTHORIZED  TO  REEVALUATE SUCH EXEMPTED DEVICES AS NEW TECHNOLOGIES
 EMERGE.
   § 2. Subdivision 3 of section 1225-c of the vehicle and  traffic  law,
 as  added  by  chapter  69  of  the  laws of 2001, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00791-03-5
 S. 3240--A                          2
              

 
   3. Subdivision two of this section shall not apply to (a) the use of a
 mobile telephone for the sole purpose of communicating with any  of  the
 following regarding an emergency situation: an emergency response opera-
 tor;  a  hospital,  physician's  office  or  health clinic; an ambulance
 company  or  corps;  a fire department, district or company; or a police
 department, (b) any of the following persons while in the performance of
 their official duties: a police officer or peace officer; a member of  a
 fire  department,  district or company; or the operator of an authorized
 emergency vehicle as defined in section one hundred one of this chapter,
 or (c) the use of a hands-free mobile telephone, EXCEPT IN THE CASE OF A
 DRIVER OPERATING A SCHOOL BUS PURSUANT TO PARAGRAPH (E)  OF  SUBDIVISION
 TWO OF THIS SECTION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law.  Effective immediately, the state education
 department and the  department  of  motor  vehicles  are  authorized  to
 promulgate,  amend,  or  repeal any rule or regulation necessary for the
 implementation of this act on or before such effective date.