|SAME AS||SAME AS S00518-B|
|COSPNSR||Weprin, Galef, Jenne, Hooper, Cusick, McDonough, Miller MG, Arroyo, Gottfried, Crespo, Pichardo, Ramos, Fahy, Skoufis, Bronson, Hunter, Jean-Pierre, Woerner, Paulin, McDonald, DenDekker, Thiele, Mosley, Ortiz, Glick, Blake, Rivera, D'Urso, Barrett, Stirpe, Aubry, Taylor, Ryan, Wallace, Pellegrino, Brindisi, Raia|
|MLTSPNSR||Buchwald, Cook, Crouch, De La Rosa, Englebright, Hevesi, Hyndman, Jones, Lupardo, Magee, Nolan, Sepulveda, Simon, Solages, Titone|
|Amd §§1604 & 1709, Ed L; add §1118, V & T L|
|Requires a resolution by the board of trustees of a school district to authorize the installation, administration, operation, notice processing and maintenance of and use of photo monitoring devices on school buses to detect and record vehicles illegally passing or overtaking a school bus; provides for owner liability of a motor vehicle detected by a camera to have illegally passed or overtaken a school bus; provides that liability shall be a monetary penalty in the amount of two hundred fifty dollars.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A321B SPONSOR: Magnarelli (MS)
TITLE OF BILL: An act to amend the education law and the vehicle and traffic law, in relation to authorizing the installation and use of safety cameras on school buses for the purpose of monitoring overtaking and passing of school bus violations   PURPOSE: This legislation authorizes the installation and use of photo monitoring devices on school buses to detect and record vehicles illegally passing or overtaking a school bus. Motorists caught illegally passing a school bus by the cameras are subject to a $250 fine.   SUMMARY OF PROVISIONS: Section 1: Amends Section 1604 of the Education Law to authorize school boards to pass a resolution authorizing the installation of "stop arm" cameras on their school buses. Section 2: Amends Section 1709 of the Education Law to authorize school boards to pass a resolution authorizing the installation of "stop arm" cameras on their school buses. Section 3: Adds new Section 1118 to the Vehicle and Traffic Law (VTL) allowing motorists who are caught illegally passing a stopped school bus by a "stop arm" camera to be fined. This new Section 1118 outlines the following provisions. *Authorizes school districts to install "school bus safety cameras". *Provides privacy protections for drivers photographed by the cameras, and states that an owner of a vehicle is not liable under the statute if the vehicle was used without permission. *Defines "owners" and "school bus safety camera" for the purposes of this section *Requires that images captured by the cameras shall be turned over to local law enforcement agencies. *Establishes the fine for a violation at $250. *Establishes that proceeds from the fines shall be paid to the munici- pality where the violation took place, provided that school districts will be entitled to a portion of the fine money to cover the costs of installation and/or operation of the cameras. *Provides the procedure whereby tickets will be mailed to violators. *Provides defenses to accused violators, and allows an owner who was not operating the vehicle at the time of the violation to pursue an indemni- fication action against the actual driver. *Requires school districts adopting a school bus safety camera program to submit an annual report to the Governor and the Legislature on the results of the program. The report shall include data on: the numbers of buses and routes the cameras were used on, the total amount of violations captured, the number of tickets issued, the amount of fines paid, the number of violations adjudicated, the amount of revenue real- ized by the school district and the costs of the school district. Section 4: Establishes the effective date   JUSTIFICATION: This legislation authorizes school districts and school bus transporta- tion contractors to install school bus safety cameras, which engage once the stop arm of the bus is extended and the bus comes to a stop to pick up or discharge students, on their buses. Under current law, a ticket can be issued only by a police officer who witnesses the violation. This bill permits the evidence taken from school bus safety cameras to be used in prosecuting violators of Section 1174 of the Vehicle and Traffic Law. Many efforts in New York State have already been undertaken to combat this problem, with some positive results, such as OPERATION SAFE STOP. However, the numbers of violations continues to be alarming. A recent one-day survey done by the NYS Association of School Pupil Transporta- tion yielded astounding results and underscore the need for this legis- lation. On May 1st, 2013, the Association found that the 236 school bus drivers who participated in the survey in 21 school districts in New York in rural, urban and small city settings, reported 306 illegal pass- es including 6 "right side" passes. That represents an average of 1.28 illegal passes per school bus. That number, if extrapolated, would bring the estimated number of illegal passes in the state to over 64,000 on that date alone. Other studies done have estimated that more than 50,000 drivers through- out New York on a single school day illegally pass stopped school buses. Several other states have enacted legislation similar to this bill in response to a growing national concern over illegal passing or 'stop arm violations.' This legislation would add New York to the growing list of states that recognize the safety of our children while being transported back and forth to school should be of paramount importance. States that have enacted similar laws include: Georgia, Maryland, North Carolina, Iowa, Virginia, Connecticut, and Washington. The use of stop arm cameras (school bus safety cameras) is necessary to prevent the casualties from dangerous motorists who ignore current law. The school bus safety act will increase enforcement of laws already on the books and will significantly lessen the numbers of violations that continue to compromise the safety of our students. LEGISLATIVE HISTORY: 2013-2014: A.7350-A, 2015-2016: A.1520-C   FISCAL IMPLICATIONS: Minimal. Costs incurred by implementing this legislation are expected to be recovered through fines from convictions for violations.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 321--B 2017-2018 Regular Sessions IN ASSEMBLY January 5, 2017 ___________ Introduced by M. of A. MAGNARELLI, WEPRIN, GALEF, JENNE, HOOPER, CUSICK, McDONOUGH, M. G. MILLER, ARROYO, GOTTFRIED, CRESPO, PICHARDO, RAMOS, FAHY, SKOUFIS, BRONSON, HUNTER, JEAN-PIERRE, WOERNER, PAULIN, McDO- NALD, DenDEKKER, THIELE, MOSLEY, ORTIZ, GLICK, BLAKE, RIVERA, D'URSO, BARRETT, STIRPE, AUBRY, TAYLOR, RYAN, WALLACE, PELLEGRINO -- Multi- Sponsored by -- M. of A. BUCHWALD, COOK, DE LA ROSA, ENGLEBRIGHT, HEVESI, HYNDMAN, JONES, LUPARDO, MAGEE, NOLAN, SIMON, SOLAGES, TITONE -- read once and referred to the Committee on Transportation -- recom- mitted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the vehicle and traffic law, in relation to authorizing the installation and use of safety cameras on school buses for the purpose of monitoring overtaking and passing of school bus violations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1604 of the education law is amended by adding a 2 new subdivision 43 to read as follows: 3 43. To pass, in the discretion of the trustees, a resolution authoriz- 4 ing the use of school bus cameras pursuant to section eleven hundred 5 eighteen of the vehicle and traffic law, provided that the trustees may 6 also enter into contracts with a third party for the installation, 7 administration, operation, notice processing, and maintenance of such 8 cameras, and for the sharing of revenue derived from such cameras pursu- 9 ant to section eleven hundred eighteen of the vehicle and traffic law, 10 provided that the purchase, lease, installation, operation and mainte- 11 nance, or any other costs associated with such cameras shall not be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00638-04-8A. 321--B 2 1 considered an aidable expense pursuant to section thirty-six hundred 2 twenty-three-a of this chapter. 3 § 2. Section 1709 of the education law is amended by adding a new 4 subdivision 43 to read as follows: 5 43. To pass a resolution, in the discretion of the board, authorizing 6 the use of school bus cameras pursuant to section eleven hundred eigh- 7 teen of the vehicle and traffic law, provided that the board may also 8 enter into contracts with a third party for the installation, adminis- 9 tration, operation, notice processing, and maintenance of such cameras, 10 and for the sharing of revenue derived from such cameras pursuant to 11 section eleven hundred eighteen of the vehicle and traffic law, provided 12 that the purchase, lease, installation, operation and maintenance, or 13 any other costs associated with such cameras shall not be considered an 14 aidable expense pursuant to section thirty-six hundred twenty-three-a of 15 this chapter. 16 § 3. The vehicle and traffic law is amended by adding a new section 17 1118 to read as follows: 18 § 1118. Owner liability for operator illegally overtaking or passing a 19 school bus. (a) 1. Notwithstanding any other provision of law, each 20 board of education or trustees of a school district is hereby authorized 21 and empowered to adopt and amend a resolution establishing a school bus 22 safety camera program imposing monetary liability on the owner of a 23 vehicle for failure of an operator thereof to comply with section eleven 24 hundred seventy-four of this title. Such program shall empower a board 25 of education or school district or school bus transportation contractor 26 that has contracted with such school district to install school bus 27 safety cameras upon school buses operated by or contracted with such 28 district. 29 2. Such program shall utilize necessary technologies to ensure, to the 30 extent practicable, that photographs produced by such school bus safety 31 cameras shall not include images that identify the driver, the passen- 32 gers, or the contents of the vehicle. Provided, however, that no notice 33 of liability issued pursuant to this section shall be dismissed solely 34 because a photograph or photographs allow for the identification of the 35 contents of a vehicle, provided that such school district has made a 36 reasonable effort to comply with the provisions of this paragraph. 37 (b) In any school district which has adopted a resolution pursuant to 38 subdivision (a) of this section, the owner of a vehicle shall be liable 39 for a penalty imposed pursuant to this section if such vehicle was used 40 or operated with the permission of the owner, express or implied, in 41 violation of subdivision (a) of section eleven hundred seventy-four of 42 this title, and such violation is evidenced by information obtained from 43 a school bus safety camera; provided however that no owner of a vehicle 44 shall be liable for a penalty imposed pursuant to this section where the 45 operator of such vehicle has been convicted of the underlying violation 46 of subdivision (a) of section eleven hundred seventy-four of this title. 47 (c) For purposes of this section, "owner" shall have the meaning 48 provided in article two-B of this chapter. For purposes of this section, 49 "school bus safety camera" shall mean an automated photo monitoring 50 device affixed to the outside of a school bus and designated to detect 51 and store one or more images of motor vehicles that overtake or pass 52 school buses in violation of subdivision (a) of section eleven hundred 53 seventy-four of this title. 54 (d) No school district or school bus transportation contractor that 55 has installed cameras pursuant to this section shall access the images 56 from such cameras but shall provide, pursuant to an agreement with theA. 321--B 3 1 appropriate law enforcement agency or agencies, for the proper handling 2 and custody of such images for the forwarding of such images from such 3 cameras to a law enforcement agency having jurisdiction in the area in 4 which the violation occurred for the purpose of imposing monetary 5 liability on the owner of a motor vehicle for illegally overtaking or 6 passing a school bus in violation of subdivision (a) of section eleven 7 hundred seventy-four of this title. After receipt of such images a 8 police officer shall inspect such images to determine whether a 9 violation of subdivision (a) of section eleven hundred seventy-four of 10 this title was committed. Upon such a finding a certificate, sworn to or 11 affirmed by an officer of such agency, or a facsimile thereof, based 12 upon inspection of photographs, microphotographs or other recorded 13 images produced by a school bus safety camera, shall be prima facie 14 evidence of the facts contained therein. Any photographs, microphoto- 15 graphs or other recorded images evidencing such a violation shall be 16 available for inspection in any proceeding to adjudicate the liability 17 for such violation. 18 (e) An owner found liable pursuant to this section for a violation of 19 subdivision (a) of section eleven hundred seventy-four of this title 20 shall be liable for a monetary penalty of two hundred fifty dollars. 21 (e-1) Payment of the monetary penalty imposed by subdivision (e) of 22 this section shall be payable to the municipality where the violation 23 occurred, provided however, the school district shall be entitled to a 24 portion of the monetary penalty that equals the cost to the school 25 district of purchasing and maintaining the cameras. Nothing herein shall 26 prevent the municipality from entering into a memorandum of understand- 27 ing with the school district to return an additional portion of such 28 penalty received to the school district. 29 (f) An imposition of liability under this section shall not be deemed 30 a conviction as an operator and shall not be made part of the operating 31 record of the person upon whom such liability is imposed nor shall it be 32 used for insurance purposes in the provision of motor vehicle insurance 33 coverage. 34 (g) 1. A notice of liability shall be sent by the respective law 35 enforcement agency by first class mail to each person alleged to be 36 liable as an owner for a violation of subdivision (a) of section eleven 37 hundred seventy-four of this title pursuant to this section. Personal 38 delivery on the owner shall not be required. A manual or automatic 39 record of mailing prepared in the ordinary course of business shall be 40 prima facie evidence of the facts contained therein. 41 2. A notice of liability shall contain the name and address of the 42 person alleged to be liable as an owner for a violation of subdivision 43 (a) of section eleven hundred seventy-four of this title pursuant to 44 this section, the registration number of the vehicle involved in such 45 violation, the location where such violation took place, the date and 46 time of such violation and the identification number of the camera which 47 recorded the violation or other document locator number. 48 3. The notice of liability shall contain information advising the 49 person charged of the manner and the time in which he may contest the 50 liability alleged in the notice. Such notice of liability shall also 51 contain a warning to advise the persons charged that failure to contest 52 in the manner and time provided shall be deemed an admission of liabil- 53 ity and that a default judgement may be entered thereon. 54 4. The notice of liability shall be prepared and mailed by the respec- 55 tive law enforcement agency having jurisdiction over the location where 56 the violation occurred.A. 321--B 4 1 (h) Adjudication of the liability imposed upon owners by this section 2 shall be by a traffic violations bureau established pursuant to section 3 three hundred seventy of the general municipal law or, if there be none, 4 by the court having jurisdiction over traffic infractions, except that 5 any city which has established or designated an administrative tribunal 6 to hear and determine owner liability established by this article for 7 failure to comply with traffic-control indications shall use such tribu- 8 nal to adjudicate the liability imposed by this section. 9 (i) If an owner receives a notice of liability pursuant to this 10 section for any time period during which the vehicle was reported to a 11 police department as having been stolen, it shall be a valid defense to 12 an allegation of liability for a violation of subdivision (a) of section 13 eleven hundred seventy-four of this title pursuant to this section that 14 the vehicle had been reported to the police as stolen prior to the time 15 the violation occurred and had not been recovered by such time. For 16 purposes of asserting the defense provided by this subdivision it shall 17 be sufficient that a certified copy of the police report on the stolen 18 vehicle be sent by first class mail to the traffic violations bureau, 19 court having jurisdiction or parking violations bureau. 20 (j) Where the adjudication of liability imposed upon owners pursuant 21 to this section is by an administrative tribunal, traffic violations 22 bureau, or a court having jurisdiction, an owner who is a lessor of a 23 vehicle to which a notice of liability was issued pursuant to subdivi- 24 sion (g) of this section shall not be liable for the violation of subdi- 25 vision (a) of section eleven hundred seventy-four of this title, 26 provided that he or she sends to the administrative tribunal, traffic 27 violations bureau, or court having jurisdiction a copy of the rental, 28 lease or other such contract document covering such vehicle on the date 29 of the violation, with the name and address of the lessee clearly legi- 30 ble, within thirty-seven days after receiving notice from the bureau or 31 court of the date and time of such violation, together with the other 32 information contained in the original notice of liability. Failure to 33 send such information within such thirty-seven day time period shall 34 render the owner liable for the penalty prescribed by this section. 35 Where the lessor complies with the provisions of this paragraph, the 36 lessee of such vehicle on the date of such violation shall be deemed to 37 be the owner of such vehicle for purposes of this section, shall be 38 subject to liability for the violation of subdivision (a) of section 39 eleven hundred seventy-four of this title pursuant to this section and 40 shall be sent a notice of liability pursuant to subdivision (g) of this 41 section. 42 (k) 1. If the owner liable for a violation of subdivision (a) of 43 section eleven hundred seventy-four of this title pursuant to this 44 section was not the operator of the vehicle at the time of the 45 violation, the owner may maintain an action for indemnification against 46 the operator. 47 2. Notwithstanding any other provision of this section, no owner of a 48 vehicle shall be subject to a monetary fine imposed pursuant to this 49 section if the operator of such vehicle was operating such vehicle with- 50 out the consent of the owner at the time such operator was found to have 51 been overtaking or passing a school bus. For purposes of this subdivi- 52 sion there shall be a presumption that the operator of such vehicle was 53 operating such vehicle with the consent of the owner at the time such 54 operator was found to have been overtaking or passing a school bus.A. 321--B 5 1 (l) Nothing in this section shall be construed to limit the liability 2 of an operator of a vehicle for any violation of subdivision (a) of 3 section eleven hundred seventy-four of this title. 4 (m) In any school district which adopts a school bus safety camera 5 program pursuant to subdivision (a) of this section, such school 6 district shall submit an annual report on the results of the use of its 7 school bus safety cameras to the governor, the temporary president of 8 the senate and the speaker of the assembly on or before June first, two 9 thousand nineteen and on the same date in each succeeding year in which 10 the demonstration program is operable. Such report shall include, but 11 not be limited to: 12 1. a description of the number of buses and routes where school bus 13 safety cameras were used; 14 2. the aggregate number of annual incidents of violations of subdivi- 15 sion (a) of section eleven hundred seventy-four of this title within the 16 districts; 17 3. the number of violations recorded by school bus safety cameras in 18 the aggregate and on a daily, weekly and monthly basis; 19 4. the total number of notices of liability issued for violations 20 recorded by such systems; 21 5. the number of fines and total amount of fines paid after first 22 notice of liability issued for violations recorded by such systems; 23 6. the number of violations adjudicated and results of such adjudi- 24 cations including breakdowns of dispositions made for violations 25 recorded by such systems; 26 7. the total amount of revenue realized by such school district from 27 such adjudications; 28 8. expenses incurred by such school district in connection with the 29 program; and 30 9. quality of the adjudication process and its results. 31 (n) It shall be a defense to any prosecution for a violation of subdi- 32 vision (a) of section eleven hundred seventy-four of this title that 33 such school bus safety cameras were malfunctioning at the time of the 34 alleged violation. 35 § 4. This act shall take effect immediately.