S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  130--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, LUPARDO, ZEBROWSKI, SEAWRIGHT, BURDICK --
   Multi-Sponsored  by -- M. of A. SIMON -- read once and referred to the
   Committee on Transportation -- recommitted to the Committee on  Trans-
   portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- 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.
   §  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:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00092-02-4
 A. 130--A                           2
 
 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 sixtieth  day  after  it  shall
 have become a law.