|SAME AS||SAME AS A00321-B|
|COSPNSR||ADDABBO, AKSHAR, AVELLA, BONACIC, BOYLE, FUNKE, HELMING, MARCHIONE, MURPHY, O'MARA, PERALTA, PHILLIPS, RITCHIE, SAVINO, TEDISCO, VALESKY|
|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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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. LBD00638-05-8S. 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 suchS. 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 sectionS. 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.