•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00321 Summary:

BILL NOA00321B
 
SAME ASSAME AS S00518-B
 
SPONSORMagnarelli
 
COSPNSRWeprin, 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
 
MLTSPNSRBuchwald, 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.
Go to top

A00321 Memo:

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.
Go to top

A00321 Text:



 
                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.
                                                                   LBD00638-04-8

        A. 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 the

        A. 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.
Go to top