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S00518 Summary:

BILL NOS00518B
 
SAME ASSAME AS A00321-B
 
SPONSORYOUNG
 
COSPNSRADDABBO, AKSHAR, AVELLA, BONACIC, BOYLE, FUNKE, HELMING, MARCHIONE, MURPHY, O'MARA, PERALTA, PHILLIPS, RITCHIE, SAVINO, TEDISCO, VALESKY
 
MLTSPNSR
 
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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S00518 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         518--B
            Cal. No. 603
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sens.  YOUNG,  ADDABBO,  AKSHAR, AVELLA, BONACIC, BOYLE,
          FUNKE, HELMING, MARCHIONE, MURPHY, O'MARA, PERALTA,  RITCHIE,  SAVINO,
          TEDISCO,  VALESKY  -- 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  --  reported  favorably  from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
 
        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
    12  considered  an  aidable  expense  pursuant to section thirty-six hundred
    13  twenty-three-a of this chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00638-05-8

        S. 518--B                           2
 
     1    § 2. Section 1709 of the education law is  amended  by  adding  a  new
     2  subdivision 43 to read as follows:
     3    43.  To pass a resolution, in the discretion of the board, authorizing
     4  the use of school bus cameras pursuant to section eleven  hundred  eigh-
     5  teen  of  the  vehicle and traffic law, provided that the board may also
     6  enter into contracts with a third party for the  installation,  adminis-
     7  tration,  operation, notice processing, and maintenance of such cameras,
     8  and for the sharing of revenue derived from  such  cameras  pursuant  to
     9  section eleven hundred eighteen of the vehicle and traffic law, provided
    10  that  the  purchase,  lease, installation, operation and maintenance, or
    11  any other costs associated with such cameras shall not be considered  an
    12  aidable expense pursuant to section thirty-six hundred twenty-three-a of
    13  this chapter.
    14    §  3.  The  vehicle and traffic law is amended by adding a new section
    15  1118 to read as follows:
    16    § 1118. Owner liability for operator illegally overtaking or passing a
    17  school bus. (a) 1. Notwithstanding any  other  provision  of  law,  each
    18  board of education or trustees of a school district is hereby authorized
    19  and  empowered to adopt and amend a resolution establishing a school bus
    20  safety camera program imposing monetary liability  on  the  owner  of  a
    21  vehicle for failure of an operator thereof to comply with section eleven
    22  hundred  seventy-four  of this title. Such program shall empower a board
    23  of education or school district or school bus transportation  contractor
    24  that  has  contracted  with  such school district to  install school bus
    25  safety cameras upon school buses operated by  or  contracted  with  such
    26  district.
    27    2. Such program shall utilize necessary technologies to ensure, to the
    28  extent  practicable, that photographs produced by such school bus safety
    29  cameras shall not include images that identify the driver,  the  passen-
    30  gers,  or the contents of the vehicle. Provided, however, that no notice
    31  of liability issued pursuant to this section shall be  dismissed  solely
    32  because  a photograph or photographs allow for the identification of the
    33  contents of a vehicle, provided that such school  district  has  made  a
    34  reasonable effort to comply with the provisions of this paragraph.
    35    (b)  In any school district which has adopted a resolution pursuant to
    36  subdivision (a) of this section, the owner of a vehicle shall be  liable
    37  for a penalty imposed pursuant to  this section if such vehicle was used
    38  or  operated  with  the  permission of the owner, express or implied, in
    39  violation of subdivision (a) of section eleven hundred  seventy-four  of
    40  this title, and such violation is evidenced by information obtained from
    41  a  school bus safety camera; provided however that no owner of a vehicle
    42  shall be liable for a penalty imposed pursuant to this section where the
    43  operator of such vehicle has been convicted of the underlying  violation
    44  of subdivision (a) of section eleven hundred seventy-four of this title.
    45    (c)  For  purposes  of  this  section,  "owner" shall have the meaning
    46  provided in article two-B of this chapter. For purposes of this section,
    47  "school bus safety camera" shall  mean  an  automated  photo  monitoring
    48  device  affixed  to the outside of a school bus and designated to detect
    49  and store one or more images of motor vehicles  that  overtake  or  pass
    50  school  buses  in violation of subdivision (a) of section eleven hundred
    51  seventy-four of this title.
    52    (d) No school district or school bus  transportation  contractor  that
    53  has  installed  cameras pursuant to this section shall access the images
    54  from such cameras but shall provide, pursuant to an agreement  with  the
    55  appropriate  law enforcement agency or agencies, for the proper handling
    56  and custody of such images for the forwarding of such images  from  such

        S. 518--B                           3
 
     1  cameras  to  a law enforcement agency having jurisdiction in the area in
     2  which the violation  occurred  for  the  purpose  of  imposing  monetary
     3  liability  on  the  owner of a motor vehicle for illegally overtaking or
     4  passing  a  school bus in violation of subdivision (a) of section eleven
     5  hundred seventy-four of this title.  After  receipt  of  such  images  a
     6  police  officer  shall  inspect  such  images  to  determine  whether  a
     7  violation of subdivision (a) of section eleven hundred  seventy-four  of
     8  this title was committed. Upon such a finding a certificate, sworn to or
     9  affirmed  by  an  officer  of such agency, or a facsimile thereof, based
    10  upon inspection  of  photographs,  microphotographs  or  other  recorded
    11  images  produced  by  a  school  bus safety camera, shall be prima facie
    12  evidence of the facts contained therein.  Any  photographs,  microphoto-
    13  graphs  or  other  recorded  images evidencing such a violation shall be
    14  available for inspection in any proceeding to adjudicate  the  liability
    15  for such violation.
    16    (e)  An owner found liable pursuant to this section for a violation of
    17  subdivision (a) of section eleven hundred  seventy-four  of  this  title
    18  shall be liable for a monetary penalty of two hundred fifty dollars.
    19    (e-1)  Payment  of  the monetary penalty imposed by subdivision (e) of
    20  this section shall be payable to the municipality  where  the  violation
    21  occurred,  provided  however, the school district shall be entitled to a
    22  portion of the monetary penalty that  equals  the  cost  to  the  school
    23  district of purchasing and maintaining the cameras. Nothing herein shall
    24  prevent  the municipality from entering into a memorandum of understand-
    25  ing with the school district to return an  additional  portion  of  such
    26  penalty received to the school district.
    27    (f)  An imposition of liability under this section shall not be deemed
    28  a conviction as an operator and shall not be made part of the  operating
    29  record of the person upon whom such liability is imposed nor shall it be
    30  used  for insurance purposes in the provision of motor vehicle insurance
    31  coverage.
    32    (g) 1. A notice of liability shall  be  sent  by  the  respective  law
    33  enforcement  agency  by  first  class  mail to each person alleged to be
    34  liable as an owner for a violation of subdivision (a) of section  eleven
    35  hundred  seventy-four  of  this title pursuant to this section. Personal
    36  delivery on the owner shall not  be  required.  A  manual  or  automatic
    37  record  of  mailing prepared in the ordinary course of business shall be
    38  prima facie evidence of the facts contained therein.
    39    2. A notice of liability shall contain the name  and  address  of  the
    40  person  alleged  to be liable as an owner for a violation of subdivision
    41  (a) of section eleven hundred seventy-four of  this  title  pursuant  to
    42  this  section,  the  registration number of the vehicle involved in such
    43  violation, the location where such violation took place,  the  date  and
    44  time of such violation and the identification number of the camera which
    45  recorded the violation or other document locator number.
    46    3.  The  notice  of  liability  shall contain information advising the
    47  person charged of the manner and the time in which he  may  contest  the
    48  liability  alleged  in  the  notice. Such notice of liability shall also
    49  contain a warning to advise the persons charged that failure to  contest
    50  in  the manner and time provided shall be deemed an admission of liabil-
    51  ity and that a default judgement may be entered thereon.
    52    4. The notice of liability shall be prepared and mailed by the respec-
    53  tive law enforcement agency having jurisdiction over the location  where
    54  the violation occurred.
    55    (h)  Adjudication of the liability imposed upon owners by this section
    56  shall be by a traffic violations bureau established pursuant to  section

        S. 518--B                           4
 
     1  three hundred seventy of the general municipal law or, if there be none,
     2  by  the  court having jurisdiction over traffic infractions, except that
     3  any city which has established or designated an administrative  tribunal
     4  to  hear  and  determine owner liability established by this article for
     5  failure to comply with traffic-control indications shall use such tribu-
     6  nal to adjudicate the liability imposed by this section.
     7    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
     8  section  for  any time period during which the vehicle was reported to a
     9  police department as having been stolen, it shall be a valid defense  to
    10  an allegation of liability for a violation of subdivision (a) of section
    11  eleven  hundred seventy-four of this title pursuant to this section that
    12  the vehicle had been reported to the police as stolen prior to the  time
    13  the  violation  occurred  and  had  not been recovered by such time. For
    14  purposes of asserting the defense provided by this subdivision it  shall
    15  be  sufficient  that a certified copy of the police report on the stolen
    16  vehicle be sent by first class mail to the  traffic  violations  bureau,
    17  court having jurisdiction or parking violations bureau.
    18    (j)  Where  the adjudication of liability imposed upon owners pursuant
    19  to this section is by an  administrative  tribunal,  traffic  violations
    20  bureau,  or  a  court having jurisdiction, an owner who is a lessor of a
    21  vehicle to which a notice of liability was issued pursuant  to  subdivi-
    22  sion (g) of this section shall not be liable for the violation of subdi-
    23  vision  (a)  of  section  eleven  hundred  seventy-four  of  this title,
    24  provided that he or she sends to the  administrative  tribunal,  traffic
    25  violations  bureau,  or  court having jurisdiction a copy of the rental,
    26  lease or other such contract document covering such vehicle on the  date
    27  of  the violation, with the name and address of the lessee clearly legi-
    28  ble, within thirty-seven days after receiving notice from the bureau  or
    29  court  of  the  date and time of such violation, together with the other
    30  information contained in the original notice of  liability.  Failure  to
    31  send  such  information  within  such thirty-seven day time period shall
    32  render the owner liable for the  penalty  prescribed  by  this  section.
    33  Where  the  lessor  complies  with the provisions of this paragraph, the
    34  lessee of such vehicle on the date of such violation shall be deemed  to
    35  be  the  owner  of  such  vehicle for purposes of this section, shall be
    36  subject to liability for the violation of  subdivision  (a)  of  section
    37  eleven  hundred  seventy-four of this title pursuant to this section and
    38  shall be sent a notice of liability pursuant to subdivision (g) of  this
    39  section.
    40    (k)  1.  If  the  owner  liable  for a violation of subdivision (a) of
    41  section eleven hundred seventy-four  of  this  title  pursuant  to  this
    42  section  was  not  the  operator  of  the  vehicle  at  the  time of the
    43  violation, the owner may maintain an action for indemnification  against
    44  the operator.
    45    2.  Notwithstanding any other provision of this section, no owner of a
    46  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    47  section if the operator of such vehicle was operating such vehicle with-
    48  out the consent of the owner at the time such operator was found to have
    49  been  overtaking  or passing a school bus. For purposes of this subdivi-
    50  sion there shall be a presumption that the operator of such vehicle  was
    51  operating  such  vehicle  with the consent of the owner at the time such
    52  operator was found to have been overtaking or passing a school bus.
    53    (l) Nothing in this section shall be construed to limit the  liability
    54  of  an  operator  of  a  vehicle for any violation of subdivision (a) of
    55  section eleven hundred seventy-four of this title.

        S. 518--B                           5
 
     1    (m) In any school district which adopts a  school  bus  safety  camera
     2  program  pursuant  to  subdivision  (a)  of  this  section,  such school
     3  district shall submit an annual report on the results of the use of  its
     4  school  bus  safety  cameras to the governor, the temporary president of
     5  the  senate and the speaker of the assembly on or before June first, two
     6  thousand nineteen and on the same date in each succeeding year in  which
     7  the  demonstration  program  is operable. Such report shall include, but
     8  not be limited to:
     9    1. a description of the number of buses and routes  where  school  bus
    10  safety cameras were used;
    11    2.  the aggregate number of annual incidents of violations of subdivi-
    12  sion (a) of section eleven hundred seventy-four of this title within the
    13  districts;
    14    3. the number of violations recorded by school bus safety  cameras  in
    15  the aggregate and on a daily, weekly and monthly basis;
    16    4.  the  total  number  of  notices of liability issued for violations
    17  recorded by such systems;
    18    5. the number of fines and total amount  of  fines  paid  after  first
    19  notice of liability issued for violations recorded by such systems;
    20    6.  the  number  of violations adjudicated and results of such adjudi-
    21  cations  including  breakdowns  of  dispositions  made  for   violations
    22  recorded by such systems;
    23    7.  the  total amount of revenue realized by such school district from
    24  such adjudications;
    25    8. expenses incurred by such school district in  connection  with  the
    26  program; and
    27    9. quality of the adjudication process and its results.
    28    (n) It shall be a defense to any prosecution for a violation of subdi-
    29  vision  (a)  of  section  eleven hundred seventy-four of this title that
    30  such school bus safety cameras were malfunctioning at the  time  of  the
    31  alleged violation.
    32    § 4. This act shall take effect immediately.
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