NY State Senate Bill 2013-S5028A

Senate Bill S5028A

2013-2014 Legislative Session

Enacts the "school bus camera safety act" to authorize the installation and use of photo monitoring devices on school buses to detect and record vehicles illegally passing or overtaking a school bus

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2014	print number 5028a
May 09, 2014	amend (t) and recommit to transportation
Jan 08, 2014	referred to transportation
May 06, 2013	referred to transportation

Bill Amendments

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A (Active)

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2013-S5028 - Details

See Assembly Version of this Bill:: A7350
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§375, 227 & 510, add §§1174-a & 223-a, V & T L; amd §§3621 & 3623-a, Ed L; amd §§120.00 & 125.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3509, A1520
2017-2018: S518, A321
2019-2020: S923, S4658

2013-S5028 - Summary

Enacts the "school bus camera safety act" to authorize the installation 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 civil fine equal to the traffic infraction fine imposed therefor; authorizes school districts to receive state aid for the purchase of such cameras

2013-S5028 - Sponsor Memo

                                BILL NUMBER:S5028

TITLE OF BILL:  An act to amend the vehicle and traffic law and the
education 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; to amend the vehicle
and traffic law, in relation to owner liability for an operator
illegally overtaking or passing a school bus; to amend the penal law,
in relation to assault in the third degree and criminally negligent
homicide; to amend the vehicle and traffic law and the education law,
in relation to establishing the school bus safety education program,
and to amend the state finance law, in relation to establishing the
school bus safety education fund

PURPOSE: To enact the "School Bus Camera Safety Act" to authorize the
installation and use of photo monitoring devices on school buses to
detect and record vehicles illegally passing or overtaking a school
bus.

SUMMARY OF PROVISIONS:

Section 1: Creates the title of the bill as the "School Bus Camera
Safety Act."

Section 2: Amends VTL to allow buses to have stop arm cameras
installed

Section 3: Adds new section 1174-A to VTL to define "school bus safety
cameras" as "automated photo monitoring devices affixed to a school
bus and designed to detect and store an image of motor vehicles which
overtake or pass school buses in violation of state law which
prohibits the passing of stopped school buses.  This section allows
school districts to install and use school bus safety cameras and to
contract with law enforcement agencies to process and assess fines for
violations. It also allows schools to contract with private vendors
for the installation, operation, notice processing and administration
and maintenance of school bus safety cameras. Further it allows
schools to enter into intergovernmental agreements with local
governing authorities to offset the expenses relating to the ongoing
operation of school bus safety cameras.

Provides that photos shall only show the front or rear license plate
of vehicles while the bus is at a full stop.

Establishes that fines for violations of the law prohibiting passing
stopped school buses, if such violation is recorded by a school bus
safety camera and a ticket issued, shall be equal to the fines
assessed for violations witnessed by law enforcement officers in VTL
Section 1174.  The fines would be: $250-$400 for first violation,
$600-$750 for section violation within three years, and $750-$1,000
for third violation within three years.

Establishes the process whereby law enforcement will inspect
photographic evidence of violations and shall issue tickets with a
copy of the photo. It requires that any photos that are not found to
depict or result in liability of a violation of the law prohibiting
passing a stopped school bus be destroyed within two days.


This section also clarifies that a conviction due to photographic
evidence from a school bus safety camera of a violation of passing a
stopped school bus shall not be made part of the operating record of a
driver or used of insurance purposes in the provision of motor vehicle
insurance coverage. (Violations captured by cameras will not result in
points on license for insurance purposes, but they will result in the
same amount of fines as those cited without use of the cameras.)

Provides that the tickets ("simplified traffic informations") for
violations shall contain the names, address registration number and
details of where such violation is alleged to take place, also it
shall contain information advising the person being charged where they
may contest it and that they are required to respond or they will be
deemed liable for the violation if they fail to respond.

Provides an exemption for vehicle owners from liability if it can be
proved that the vehicle was stolen or that the owner is a lessor of
such vehicle. Further, if the owner who is liable for a violation
under this section was not the actual operator of the vehicle at the
time of the violation, the owner may maintain an action for
indemnification against the operator

The section also provides that the school bus safety cameras shall be
used solely for the purposes of carrying out photo-monitoring
violations of passing stopped school buses.

Section 4: Amends Education Law Section 3621 to add a new subdivision
16 to define school bus safety cameras.

Section 5: Amends Section 3623-a of the education law to allow school
districts to receive state aid transportation funding for
reimbursement for purchases of the school bus safety cameras.

Section 6: Amends Section 227 of the vehicle and traffic law to
establish a complete defense against the alleged violations for owners
of vehicles charged with a violation due to photographic evidence of
their vehicle having passed a stopped school bus, if they are found by
a hearing officer to have not in fact have been in operation of their
own vehicle at the time of which the violation was recorded by the
school bus safety camera.

Section 7: Amends Section 510 of the vehicle and traffic law to
provide that a license would be suspended for up to sixty days for
motorists who have been convicted multiple times of violating Section
1174.

Section 8: Amends Section 120 of the penal law to make it a crime of
assault in the third degree, a class A misdemeanor, to injure an
individual while in the act of illegally passing a stopped school bus.

Section 9: Amends Section 125.10 of the penal law to make it a crime
of criminally negligent homicide, a Class E felony, to cause the death
of another person while passing a stopped school bus.

Section 10: Amends the vehicle and traffic law to add a new section
223-a to establish the "School Bus Safety Education Program." It
establishes a special fund for the purpose of designing and


implementing public education programs about school bus safety --
specifically about the dangers of illegal passing of stopped school
buses. The program would be funded from a portion of the fines
collected from convictions of violations of passing stopped school
buses that resulted from evidence obtained by school bus safety
cameras. The establishment of the School Bus Safety Education program
shall be a joint agency effort and developed in conjunction with the
Governor's Traffic Safety Committee, the State Education Department
and State Department of Transportation, the Division of State Police
and the State Comprehensive School Bus Driver Safety Training Council.

Section 11: Provides that fines collected by the court rendering
convictions of violations of passing stopped school buses shall be
deposited into the School Bus Safety Education Program fund.

Section 12: Provides that grants from funds out of the School Bus
Safety Education Program fund shall be awarded and distributed for the
study of issues involving the illegal passing and overtaking of
stopped school buses and for the development of proposals to reduce
the number of incidents of illegal passing of stopped school buses.

Section 13: Adds a new Section 89-h to the State Finance Law to
establish the School Bus Safety Education Fund under the joint
jurisdiction of the State Comptroller and the State Department of
Taxation and Finance. It provides that fifty percent of the monies in
the fund shall be made available to the state comprehensive school bus
driver safety training council for the study of issues involving the
illegal passing and overtaking of stopped school buses and for the
development of proposals to reduce the number of incidents of illegal
passing of stopped school buses. The remaining fifty percent shall be
made available to the Department of Motor Vehicles to reduce the
number of incidents and promote school bus safety by working in
conjunction with other state entities to do a public education program
to further educate motorists of the dangers of passing or overtaking a
school bus in violation of state law.

Section 14: Provides the effective date.

LEGISLATIVE HISTORY: This is a new bill.

JUSTIFICATION:  This legislation specifically would allow school
districts and school bus contractors to install school bus safety
cameras on their school buses that would engage once the Stop Arm of
the bus is extended when the bus comes to a stop to pick up or
discharge students. The camera would capture images of the vehicle and
license plate and those images would be used to issue a summons to the
registered owner of the vehicle.

Currently, a ticket can be issued only by a police officer who
witnesses the violation. It permits the evidence taken from those
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 incidents of violations continues to be
alarming. A recent one-day survey done by the NYS Association of


School Pupil Transportation yielded astounding results and underscore
the need for this legislation. 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 passes 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
throughout 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 book and will significantly lessen the numbers of
incidents of violations of the law that continue to compromise the
safety of our students.

FISCAL IMPLICATIONS: Minimal. Costs incurred by implementing this
legislation is expected to be recovered through fines from convictions
for violations.

EFFECTIVE DATE: This act shall take effect the November first,
following enactment, except that sections four, five, nine and eleven
shall take effect on April first, following the effective date of this
act.

2013-S5028 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5028

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the  education  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;  to  amend  the  vehicle  and traffic law, in
  relation to owner liability for an operator  illegally  overtaking  or
  passing  a  school bus; to amend the penal law, in relation to assault
  in the third degree and criminally negligent homicide;  to  amend  the
  vehicle  and  traffic law and the education law, in relation to estab-
  lishing the school bus safety education  program,  and  to  amend  the
  state  finance  law, in relation to establishing the school bus safety
  education fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "school bus camera safety act".
  S 2. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 21-j to read as follows:
  21-J. SCHOOL BUSES OWNED OR CONTRACTED FOR BY A SCHOOL DISTRICT  WHICH
HAS  ADOPTED  A  RESOLUTION PROVIDING FOR THE INSTALLATION OF SCHOOL BUS
SAFETY CAMERAS, AS DEFINED IN SECTION ELEVEN HUNDRED  SEVENTY-FOUR-A  OF
THIS CHAPTER, MAY BE EQUIPPED WITH AND OPERATE SUCH CAMERAS. THE COMMIS-
SIONER  SHALL  PROMULGATE  RULES AND REGULATIONS FOR THE INSTALLATION OF
SCHOOL BUS SAFETY CAMERAS.
  S 3. The vehicle and traffic law is amended by adding  a  new  section
1174-a to read as follows:
  S 1174-A. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING
A SCHOOL BUS. (A) FOR THE PURPOSES OF THIS SECTION:
  1.  "SCHOOL  BUS  SAFETY  CAMERA"  MEANS AN AUTOMATED PHOTO MONITORING
DEVICE AFFIXED TO A SCHOOL BUS AND DESIGNED TO DETECT AND STORE AN IMAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10771-02-3

S. 5028                             2

OF MOTOR VEHICLES WHICH OVERTAKE OR PASS SCHOOL BUSES  IN  VIOLATION  OF
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
  2.  "OWNER"  SHALL  HAVE THE SAME MEANING PROVIDED IN ARTICLE TWO-B OF
THIS CHAPTER.
  (B) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BOARD OF EDUCA-
TION OR OF TRUSTEES OF  A  SCHOOL  DISTRICT  IS  HEREBY  AUTHORIZED  AND
EMPOWERED TO ADOPT A RESOLUTION PROVIDING FOR THE INSTALLATION AND OPER-
ATION  OF  SCHOOL  BUS  SAFETY  CAMERAS UPON SCHOOL BUSES OPERATED BY OR
CONTRACTED WITH SUCH DISTRICT,  AND  PROVIDING  FOR  THE  FORWARDING  OF
IMAGES FROM SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION
IN  THE  AREA  IN  WHICH  SUCH  SCHOOL BUSES OPERATE, FOR THE PURPOSE OF
IMPOSING MONETARY LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGAL-
LY OVERTAKING OR PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
  2. THE BOARD OF EDUCATION OR OF TRUSTEES OF THE SCHOOL  DISTRICT  MAY,
FURTHERMORE,  ENTER  INTO  AN  AGREEMENT  WITH  A PRIVATE VENDOR FOR THE
INSTALLATION, OPERATION, NOTICE PROCESSING AND ADMINISTRATION, AND MAIN-
TENANCE OF SCHOOL BUS SAFETY CAMERAS ON  BUSES  WITHIN  SUCH  DISTRICT'S
FLEET, WHETHER OWNED OR LEASED.
  3. SUCH SCHOOL BUS SAFETY CAMERAS SHALL UTILIZE NECESSARY TECHNOLOGIES
TO  ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER,  THE  PASSEN-
GERS  OR  THE CONTENTS OF THE VEHICLE; SHALL ONLY PRODUCE A PHOTOGRAPHIC
IMAGE OF THE FRONT OR REAR REGISTRATION NUMBER PLATE OF THE MOTOR  VEHI-
CLE;  AND  SHALL  ONLY  PRODUCE  A PHOTOGRAPHIC IMAGE OF A VEHICLE WHICH
PASSES OR OVERTAKES THE SCHOOL BUS, IN VIOLATION OF SUBDIVISION  (A)  OF
SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR OF THIS ARTICLE, WHILE THE SCHOOL
BUS IS AT A FULL STOP AND THE RED VISUAL SIGNAL, AS SPECIFIED IN  SUBDI-
VISION  TWENTY OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, IS
BEING OPERATED. PROVIDED, HOWEVER, THAT NO SIMPLIFIED  TRAFFIC  INFORMA-
TION ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A
PHOTOGRAPH  OR  PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS
OF A MOTOR VEHICLE.
  4. SUCH A SCHOOL DISTRICT MAY ENTER INTO AN  INTERGOVERNMENTAL  AGREE-
MENT WITH A LOCAL GOVERNING AUTHORITY TO OFFSET THE EXPENSES RELATING TO
THE  ONGOING  OPERATION OF SCHOOL BUS SAFETY CAMERAS AND THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
  (C) IN ANY SCHOOL DISTRICT IN WHICH  SCHOOL  BUS  SAFETY  CAMERAS  ARE
INSTALLED  AND OPERATED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, THE
OWNER OF A MOTOR VEHICLE, UPON ISSUANCE OF A SIMPLIFIED TRAFFIC INFORMA-
TION BY A POLICE OFFICER, SHALL BE LIABLE FOR A CIVIL PENALTY  EQUAL  TO
THE  FINES  ESTABLISHED  IN  SUBDIVISION  (C)  OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THIS ARTICLE IF SUCH VEHICLE WAS USED OR  OPERATED  WITH
THE  PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDI-
VISION (A) OF SUCH SECTION, AND SUCH VIOLATION IS EVIDENCED BY  INFORMA-
TION  OBTAINED  FROM A SCHOOL BUS SAFETY CAMERA; PROVIDED, HOWEVER, THAT
NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT  TO
THIS  SECTION  WHERE  THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF
THE UNDERLYING VIOLATION OF SUBDIVISION (A) OF  SECTION  ELEVEN  HUNDRED
SEVENTY-FOUR OF THIS ARTICLE.
  (D)  AFTER  A  SCHOOL DISTRICT FORWARDS THE IMAGES FROM ITS SCHOOL BUS
SAFETY CAMERAS TO A LAW  ENFORCEMENT  AGENCY,  A  POLICE  OFFICER  SHALL
INSPECT  SUCH IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE WAS COMMITTED. IF
SUCH POLICE OFFICER FINDS THAT SUCH A  VIOLATION  OCCURRED,  HE  OR  SHE
SHALL ISSUE A SIMPLIFIED TRAFFIC INFORMATION ALLEGING THE VIOLATION, AND

S. 5028                             3

SUCH  INFORMATION WITH A COPY OF THE PHOTOGRAPHIC IMAGE OF THE VIOLATION
SHALL BE MAILED TO THE OWNER OF THE MOTOR VEHICLE BY  FIRST  CLASS  MAIL
WITHIN  THIRTY  DAYS  OF THE ALLEGED VIOLATION. THE IMAGES PRODUCED BY A
SCHOOL  BUS  SAFETY  CAMERA  SHALL  BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN. ALL PHOTOGRAPHIC IMAGES OF MOTOR  VEHICLES  WHICH  DO
NOT  DEPICT  OR  RESULT IN LIABILITY FOR VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE SHALL  BE  DESTROYED
BY THE APPROPRIATE SCHOOL DISTRICT AND LAW ENFORCEMENT AGENCY WITHIN TWO
DAYS.
  (E)  AN  IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE  MADE  PART  OF  THE
OPERATING  RECORD  OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR  VEHI-
CLE INSURANCE COVERAGE.
  (F)  1. A SIMPLIFIED TRAFFIC INFORMATION AND THE PHOTOGRAPHIC IMAGE OF
THE ALLEGED VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO  EACH  PERSON
ALLEGED  TO  BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS  ARTICLE  PURSUANT  TO  THIS
SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2. A SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN THE NAME AND ADDRESS
OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSU-
ANT  TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN
SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE,  THE  DATE
AND  TIME  OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE SCHOOL
BUS SAFETY CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER.
  3. THE SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN INFORMATION ADVIS-
ING THE PERSON CHARGED OF THE MANNER, THE TIME, THE PLACE AND THE  COURT
OR  ADMINISTRATIVE  BODY  IN  WHICH  HE OR SHE MAY CONTEST THE LIABILITY
ALLEGED IN THE SIMPLIFIED TRAFFIC INFORMATION.  SUCH SIMPLIFIED  TRAFFIC
INFORMATION  SHALL  ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
THAT FAILURE TO ANSWER IN THE MANNER AND TIME PROVIDED SHALL  BE  DEEMED
AN ADMISSION OF LIABILITY AND THAT HE OR SHE SHALL BE LIABLE FOR FAILURE
TO RESPOND TO A SUMMONS.
  (G)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
  (H)  IF AN OWNER RECEIVES A SIMPLIFIED TRAFFIC INFORMATION PURSUANT TO
THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE  WAS  REPORTED
TO  A  LAW ENFORCEMENT AGENCY AS HAVING BEEN STOLEN, IT SHALL BE A VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO  THIS
SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
TO  THE  TIME  THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH
TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL  TO  THE  TRAFFIC  VIOLATIONS
BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
  (I)  AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A SIMPLIFIED TRAF-
FIC INFORMATION WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE  LIABLE
FOR  THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-
FOUR OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT  HAVING

S. 5028                             4

JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
COVERING  SUCH  VEHICLE  ON THE DATE OF THE VIOLATION, WITH THE NAME AND
ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN  THIRTY-SEVEN  DAYS  AFTER
RECEIVING  NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH VIOLATION,
TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL SIMPLIFIED
TRAFFIC INFORMATION.  FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR-
TY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR  THE  PENALTY
PRESCRIBED   BY  THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES  WITH  THE
PROVISIONS OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON  THE  DATE
OF  SUCH  VIOLATION  SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR
PURPOSES OF  THIS  SECTION,  SHALL  BE  SUBJECT  TO  LIABILITY  FOR  THE
VIOLATION  OF  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL  BE  SENT  A  SIMPLIFIED
TRAFFIC INFORMATION PURSUANT TO THIS SECTION.
  (J)  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO THIS SECTION WAS
NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE  OWNER
MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  (K)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (A)  OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
  (L)  THE  SCHOOL BUS SAFETY CAMERAS INSTALLED AND OPERATED PURSUANT TO
THIS SECTION SHALL BE USED SOLELY  FOR  THE  PURPOSES  OF  CARRYING  OUT
PHOTO-MONITORING  OF  VIOLATIONS  OF  SUBDIVISION  (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
  S 4. Section 3621 of the education law is  amended  by  adding  a  new
subdivision 16 to read as follows:
  16.  "SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITOR-
ING DEVICE AUTHORIZED TO BE INSTALLED  AND  OPERATED  IN  A  SCHOOL  BUS
PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAF-
FIC LAW.
  S  5.  Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended  to  read
as follows:
  c.  The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and  new
school  buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat  safety  belts
on  school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of  school  bus
back  up  beepers,  (v)  the purchase of school bus front crossing arms,
(vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
purchase  and  installation  of  exterior  reflective  marking on school
buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
systems  for school buses used to transport students who use wheelchairs
or other assistive mobility devices, (IX) THE  PURCHASE  OF  SCHOOL  BUS
SAFETY  CAMERAS,  and  [(ix)]  (X)  the  purchase  of other equipment as
prescribed in the regulations of the commissioner; and
  S 6. Subdivision 3 and paragraph a of subdivision 4 of section 227  of
the  vehicle and traffic law, subdivision 3 as amended by chapter 337 of
the laws of 1970 and renumbered by chapter 288 of the laws of  1989  and
paragraph  a of subdivision 4 as amended by section 7 of part J of chap-
ter 62 of the laws of 2003, are amended to read as follows:
  3. After due consideration of the evidence and arguments offered in  a
contested  case, the hearing officer shall determine whether the charges
have been established. IN THE CASE OF AN OWNER CHARGED AS SUCH  PURSUANT

S. 5028                             5

TO  THIS  ARTICLE,  IT SHALL BE A COMPLETE DEFENSE TO SUCH CHARGE THAT A
VEHICLE ALLEGED TO BE IN VIOLATION WAS OPERATED WITHOUT  THE  PERMISSION
OF  SUCH  OWNER OR HIS AGENT AND THE ESTABLISHMENT OF LACK OF PERMISSION
SHALL  RESULT  IN  AN  ORDER  DISMISSING SUCH CHARGE AGAINST SUCH OWNER.
Where the charges have not been established,  an  order  dismissing  the
charges  shall  be entered.  Where a determination is made that a charge
has been established, either in a contested case or  in  an  uncontested
case  where  there  is  an appearance before a hearing officer, or if an
answer admitting the charge otherwise has been received, an  appropriate
order shall be entered in the department's records.
  a.  An order entered upon the failure to answer or appear or after the
receipt of an answer admitting the charge or where  a  determination  is
made  that the charge has been established shall be civil in nature, but
shall be treated as a conviction for the purposes of this  chapter.  The
commissioner  or his designee may include in such order an imposition of
any penalty authorized by any provision of this chapter for a conviction
of such violation, except that no  penalty  [therefore]  THEREFOR  shall
include  imprisonment,  nor,  if monetary, exceed the amount of the fine
which could have been imposed had the charge been heard by a court.  The
driver's  license  or privileges, or, if the charge involves a violation
of section three hundred eighty-five or section four hundred one of this
chapter by a registrant who was not the operator  of  the  vehicle,  the
registration  of  such  vehicle  or  privilege of operation of any motor
vehicle owned by such registrant may be suspended pending the payment of
any penalty so imposed; HOWEVER, IN THE CASE OF AN OWNER CHARGED AS SUCH
PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR PRIVILEGE SHALL
NOT BE AFFECTED BY SUCH ORDER OR DETERMINATION OTHER THAN AS  SUSPENSION
THEREOF  FOR  FAILURE TO APPEAR OR PAY AS SET FORTH IN THIS ARTICLE, NOR
SHALL A CONVICTION HEREUNDER OF SUCH OWNER AS  SUCH  RESULT  IN  DEPART-
MENTAL ADMINISTRATIVE SANCTIONS AFFECTING HIS OR HER DRIVER'S LICENSE OR
PRIVILEGE.  Any  suspension  issued  pursuant to this paragraph shall be
subject to the provisions of  paragraph  (j-1)  of  subdivision  two  of
section five hundred three of this chapter.
  S  7.  Paragraph  k of subdivision 3 of section 510 of the vehicle and
traffic law, as amended by chapter 124 of the laws of 1992,  is  amended
and a new paragraph l is added to read as follows:
  k.  for a period of up to ninety days because of the conviction of the
holder of the offenses of menacing as defined in section 120.15  of  the
penal  law,  where such offense was committed against a traffic enforce-
ment agent employed by the city of New York or the city of Buffalo while
such agent was enforcing or attempting  to  enforce  the  traffic  regu-
lations of such city[.];
  L.  FOR A PERIOD OF UP TO SIXTY DAYS FOR A VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
  S 8. Section 120.00 of the penal law is amended to read as follows:
S 120.00 Assault in the third degree.
  A person is guilty of assault in the third degree when:
  1. With intent to cause physical injury to another person, he  OR  SHE
causes such injury to such person or to a third person; or
  2. He OR SHE recklessly causes physical injury to another person; or
  3.  With  criminal  negligence,  he  OR  SHE causes physical injury to
another person by means of a deadly weapon or a dangerous instrument[.];
OR
  4. HE OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE  OPERATING
A  MOTOR  VEHICLE  IN  VIOLATION  OF  SUBDIVISION  (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.

S. 5028                             6

  Assault in the third degree is a class A misdemeanor.
  S 9. Section 125.10 of the penal law is amended to read as follows:
S 125.10 Criminally negligent homicide.
  A person is guilty of criminally negligent homicide when[, with]:
  1.  WITH  criminal  negligence,  he OR SHE causes the death of another
person[.]; OR
  2. HE OR SHE CAUSES THE DEATH OF  ANOTHER  PERSON  WHILE  OPERATING  A
MOTOR  VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
  Criminally negligent homicide is a class E felony.
  S 10. The vehicle and traffic law is amended by adding a  new  section
223-a to read as follows:
  S  223-A. SCHOOL BUS SAFETY EDUCATION PROGRAM. THE COMMISSIONER SHALL,
IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, THE DEPART-
MENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION OF STATE POLICE, AND
THE STATE COMPREHENSIVE  SCHOOL  BUS  DRIVER  SAFETY  TRAINING  COUNCIL,
DESIGN  AND  IMPLEMENT  A  PUBLIC EDUCATION PROGRAM TO EDUCATE MOTORISTS
UPON THE DANGERS OF PASSING OR OVERTAKING A SCHOOL BUS IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS  CHAPTER, TO REDUCE THE
NUMBER OF SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
  S 11. Subdivision 3 of section 1809 of the vehicle and traffic law, as
amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
follows:
  3.  The  mandatory  surcharge  provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge the collecting authority
shall determine the amount of mandatory surcharge collected and,  if  it
is  an  administrative  tribunal  or a town or village justice court, it
shall pay such money to the state comptroller  who  shall  deposit  such
money  in  the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the  general  fund;  PROVIDED,
HOWEVER,  THAT  THE  COMPTROLLER  SHALL DEPOSIT SUCH MONEY COLLECTED FOR
VIOLATIONS OF SECTION ELEVEN  HUNDRED  SEVENTY-FOUR  AND  FOR  LIABILITY
PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THIS CHAPTER TO THE
CREDIT  OF  THE SCHOOL BUS SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-H OF THE  STATE  FINANCE  LAW.  If  such  collecting
authority  is  any  other  court  of the unified court system, it shall,
within such period, pay such money to the [state] commissioner of  taxa-
tion  and  finance  to  the  credit  of the criminal justice improvement
account established by section ninety-seven-bb of the state finance law;
PROVIDED, HOWEVER, THAT THE COMMISSIONER OF TAXATION AND  FINANCE  SHALL
DEPOSIT  SUCH  MONEY  COLLECTED FOR VIOLATIONS OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR AND FOR LIABILITY PURSUANT TO SECTION ELEVEN HUNDRED SEVEN-
TY-FOUR-A OF THIS CHAPTER TO THE CREDIT OF THE SCHOOL BUS MOTORIST SAFE-
TY FUND ESTABLISHED PURSUANT  TO  SECTION  EIGHTY-NINE-H  OF  THE  STATE
FINANCE  LAW.   The crime victim assistance fee provided for in subdivi-
sion one of this section shall be paid to the  clerk  of  the  court  or
administrative  tribunal  that rendered the conviction. Within the first
ten days of the month following collection of the crime  victim  assist-
ance  fee,  the collecting authority shall determine the amount of crime
victim assistance fee collected and, if it is an administrative tribunal
or a town or village justice court, it shall pay such money to the state
comptroller who shall deposit such money in the state treasury  pursuant
to section one hundred twenty-one of the state finance law to the credit

S. 5028                             7

of the criminal justice improvement account established by section nine-
ty-seven-bb of the state finance law.
  S 12. Subdivision 1 of section 3650 of the education law is amended by
adding a new paragraph f to read as follows:
  F.  AWARD  AND  DISTRIBUTE  GRANTS, FOLLOWING APPROPRIATION, WHICH MAY
INCLUDE THE FUNDS OF THE SCHOOL BUS SAFETY  EDUCATION  FUND  ESTABLISHED
PURSUANT  TO  SECTION  EIGHTY-NINE-H  OF  THE STATE FINANCE LAW, FOR THE
STUDY OF ISSUES INVOLVING THE ILLEGAL PASSING AND OVERTAKING OF  STOPPED
SCHOOL  BUSES,  THE  DEVELOPMENT  OF  PROPOSALS  TO REDUCE THE NUMBER OF
MOTORISTS PASSING SCHOOL BUSES IN VIOLATION OF  SECTION  ELEVEN  HUNDRED
SEVENTY-FOUR  OF  THE VEHICLE AND TRAFFIC LAW, AND TO PROMOTE SCHOOL BUS
SAFETY.
  S 13. The state finance law is amended by adding a new section 89-h to
read as follows:
  S 89-H. THE SCHOOL BUS SAFETY  EDUCATION  FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND  KNOWN  AS  THE  SCHOOL  BUS
SAFETY EDUCATION FUND.
  2.  SUCH  FUND  SHALL CONSIST OF MONIES RECEIVED BY THE STATE FROM ANY
COURT PURSUANT TO SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND TRAF-
FIC LAW FOR VIOLATIONS OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR  AND  FOR
LIABILITY PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF SUCH LAW,
AND  ALL  OTHER  FINES, FEES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,
APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
  3. (A) FIFTY PERCENT OF THE MONIES OF THE  FUND,  FOLLOWING  APPROPRI-
ATION,  SHALL  BE  MADE  AVAILABLE TO THE STATE COMPREHENSIVE SCHOOL BUS
DRIVER SAFETY TRAINING COUNCIL FOR THE STUDY OF THE ILLEGAL PASSING  AND
OVERTAKING  OF STOPPED SCHOOL BUSES BY MOTORISTS, AND THE DEVELOPMENT OF
PROPOSALS TO REDUCE THE  NUMBER  OF  MOTORISTS  PASSING  AND  OVERTAKING
SCHOOL  BUSES IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE
VEHICLE AND TRAFFIC LAW.
  (B) THE REMAINING FIFTY PERCENT OF THE MONIES OF SUCH  FUND  SHALL  BE
MADE  AVAILABLE  TO  THE DEPARTMENT OF MOTOR VEHICLES FOR THE DESIGN AND
IMPLEMENTATION,  IN  CONJUNCTION  WITH  THE  GOVERNOR'S  TRAFFIC  SAFETY
COMMITTEE, THE DEPARTMENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION
OF THE STATE POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFE-
TY  TRAINING  COUNCIL,  OF A PUBLIC EDUCATION PROGRAM TO FURTHER EDUCATE
MOTORISTS OF THE DANGERS OF  PASSING  OR  OVERTAKING  A  SCHOOL  BUS  IN
VIOLATION  OF  SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR OF THE VEHICLE AND
TRAFFIC LAW, TO REDUCE THE NUMBER OF  SUCH  INCIDENTS,  AND  TO  PROMOTE
SCHOOL BUS SAFETY.
  4.  THE MONIES OF THE FUND MADE AVAILABLE PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION SHALL BE PAID OUT  ON  THE  AUDIT  AND
WARRANT  OF  THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE
COMMISSIONER OF EDUCATION. THE MONIES OF THE FUND MADE AVAILABLE  PURSU-
ANT  TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION SHALL BE PAID
OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND
CERTIFIED BY THE COMMISSIONER OF MOTOR VEHICLES.  AT  THE  END  OF  EACH
FISCAL  YEAR  ANY  MONIES REMAINING IN THE FUND SHALL BE RETAINED IN THE
FUND AND SHALL NOT REVERT TO THE GENERAL FUND. THE INTEREST  AND  INCOME
EARNED  ON  MONEY  IN  THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES,
SHALL BE CREDITED TO THE FUND.
  S 14. This act shall  take  effect  on  the  first  of  November  next
succeeding  the  date  on  which it shall have become a law; except that
sections four, five, ten and twelve of this act shall take effect on the
first of April next succeeding the effective date of this act.

co-Sponsors

View additional co-sponsors

2013-S5028A (ACTIVE) - Details

See Assembly Version of this Bill:: A7350
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§375, 227 & 510, add §§1174-a & 223-a, V & T L; amd §§3621 & 3623-a, Ed L; amd §§120.00 & 125.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3509, A1520
2017-2018: S518, A321
2019-2020: S923, S4658

2013-S5028A (ACTIVE) - Summary

2013-S5028A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5028A

TITLE OF BILL:  An act to amend the vehicle and traffic law and the
education 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; to amend the vehicle
and traffic law, in relation to owner liability for an operator
illegally overtaking or passing a school bus; and to amend the penal
law, in relation to assault in the third degree and criminally
negligent homicide

PURPOSE: To enact the "School Bus Camera Safety Act" to authorize the
installation and use of photo monitoring devices on school buses to
detect and record vehicles illegally passing or overtaking a school
bus.

SUMMARY OF PROVISIONS:

Section 1: Creates the title of the bill as the "School Bus Camera
Safety Act."

Section 2: Amends VTL to allow buses to have stop arm cameras
installed

Section 3: Adds new section 1174-A to VTL to define "school bus safety
cameras" as "automated photo monitoring devices affixed to a school

bus and designed to detect and store an image of motor vehicles which
overtake or pass school buses in violation of state law which
prohibits the passing of stopped school buses.

This section allows school districts to install and use school bus
safety cameras and to contract with law enforcement agencies to
process and assess fines for violations. It also allows schools to
contract with private vendors for the installation, operation, notice
processing and administration and maintenance of school bus safety
cameras. Further it allows schools to enter into intergovernmental
agreements with local governing authorities to offset the expenses
relating to the ongoing operation of school bus safety cameras,
provided that the net proceeds of any penalty, after the expenses of
administration, collected by a traffic violations bureau or court
shall be expended for programs related to improving public safety
and/or school district safety in the municipality in which the
violation occurred.

Provides that photos shall only show the front or rear license plate
of vehicles while the bus is at a full stop.

Establishes that fines for violations of the law prohibiting passing
stopped school buses, if such violation is recorded by a school bus
safety camera and a ticket issued, shall be equal to the fines
assessed for violations witnessed by law enforcement officers in VTL
Section 1174. The fines would be: $250-$400 for first violation,
$600-$750 for section violation within three years, and $750-$1,000
for third violation within three years.

Establishes the process whereby law enforcement will inspect
photographic evidence of violations and shall issue tickets with a


copy of the photo. It requires that any photos that are not found to
depict or result in liability of a violation of the law prohibiting
passing a stopped school bus be destroyed within two days.

This section also clarifies that a conviction due to photographic
evidence from a school bus safety camera of a violation of passing a
stopped school bus shall not be made part of the operating record of a
driver or used of insurance purposes in the provision of motor vehicle
insurance coverage. (Violations captured by cameras will not result in
points on license for insurance purposes, but they will result in the
same amount of fines as those cited without use of the cameras.)

Provides that the tickets ("simplified traffic informations") for
violations shall contain the names, address registration number and
details of where such violation is alleged to take place, also it
shall contain information advising the person being charged where they
may contest it and that they are required to respond or they will be
deemed liable for the violation if they fail to respond.

Provides an exemption for vehicle owners from liability if it can be
proved that the vehicle was stolen or that the owner is a lessor of
such vehicle. Further, if the owner who is liable for a violation
under this section was not the actual operator of the vehicle at the
time of the violation, the owner may maintain an action for
indemnification against the operator.

The section also provides that the school bus safety cameras shall be
used solely for the purposes of carrying out photo-monitoring
violations of passing stopped school buses.

Section 4: Amends Education Law Section 3621 to add a new subdivision
16 to define school bus safety cameras.

Section 5: Amends Section 3623-a of the education law to allow school
districts to receive state aid transportation funding for
reimbursement for purchases of the school bus safety cameras.

Section 6: Amends Section 227 of the vehicle and traffic law to
establish a complete defense against the alleged violations for owners
of vehicles charged with a violation due to photographic evidence of
their vehicle having passed a stopped school bus, if they are found by
a hearing officer to have not in fact have been in operation of their
own vehicle at the time of which the violation was recorded by the
school bus safety camera.

Section 7: Amends Section 510 of the vehicle and traffic law to
provide that a license would be suspended for up to sixty days for
motorists who have been convicted multiple times of violating Section
1174.

Section 8: Amends Section 120 of the penal law to make it a crime of
assault in the third degree, a class A misdemeanor, to injure an
individual while in the act of illegally passing a stopped school bus.

Section 9: Amends Section 125.10 of the penal law to make it a crime
of criminally negligent homicide, a Class E felony, to cause the death
of another person while passing a stopped school bus.


Section 10: Establishes the school bus safety education program. Under
this section, the commissioner shall, in conjunction with the
governor's traffic safety committee, the departments of education and
transportation, the division of state police, and the state
comprehensive school bus driver safety training council, design and
implement a public education program to educate motorists upon the
dangers of passing or overtaking a school bus and to promote school
bus safety.

Section 11: Provides the effective date.

LEGISLATIVE HISTORY: This is a new bill.

JUSTIFICATION:  This legislation specifically would allow school
districts and school bus contractors to install school bus safety
cameras on their school buses that would engage once the Stop Arm of
the bus is extended when the bus comes to a stop to pick up or
discharge students. The camera would capture images of the vehicle and
license plate and those images would be used to issue a summons to the
registered owner of the vehicle.

Currently, a ticket can be issued only by a police officer who
witnesses the violation. It permits the evidence taken from those
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 incidents of violations continues to be
alarming. A recent one-day survey done by the NYS Association of
School Pupil Transportation yielded astounding results and underscore
the need for this legislation. On May 13t, 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 passes 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
throughout 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 book and will significantly lessen the numbers of
incidents of violations of the law that continue to compromise the
safety of our students.


FISCAL IMPLICATIONS: Minimal. Costs incurred by implementing this
legislation is expected to be recovered through fines from convictions
for violations.

EFFECTIVE DATE: This act shall take effect the November first,
following enactment, except that sections four, five, and ten shall
take effect on the first of April next succeeding the effective date
of this act.

2013-S5028A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5028--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  BOYLE,  LATIMER,  MARCHIONE, RANZENHOFER,
  SEWARD, TKACZYK -- 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

AN  ACT  to  amend the vehicle and traffic law and the education 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; to  amend  the  vehicle  and  traffic  law,  in
  relation  to  owner  liability for an operator illegally overtaking or
  passing a school bus; and to amend  the  penal  law,  in  relation  to
  assault in the third degree and criminally negligent homicide

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "school bus camera safety act".
  S 2. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 21-j to read as follows:
  21-J.  SCHOOL BUSES OWNED OR CONTRACTED FOR BY A SCHOOL DISTRICT WHICH
HAS ADOPTED A RESOLUTION PROVIDING FOR THE INSTALLATION  OF  SCHOOL  BUS
SAFETY  CAMERAS,  AS DEFINED IN SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF
THIS CHAPTER, MAY BE EQUIPPED WITH AND OPERATE SUCH CAMERAS. THE COMMIS-
SIONER SHALL PROMULGATE RULES AND REGULATIONS FOR  THE  INSTALLATION  OF
SCHOOL BUS SAFETY CAMERAS.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1174-a to read as follows:
  S 1174-A. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING
A SCHOOL BUS. (A) FOR THE PURPOSES OF THIS SECTION:
  1. "SCHOOL BUS SAFETY CAMERA"  MEANS  AN  AUTOMATED  PHOTO  MONITORING
DEVICE AFFIXED TO A SCHOOL BUS AND DESIGNED TO DETECT AND STORE AN IMAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10771-03-4

S. 5028--A                          2

OF  MOTOR  VEHICLES  WHICH OVERTAKE OR PASS SCHOOL BUSES IN VIOLATION OF
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
  2.  "OWNER"  SHALL  HAVE THE SAME MEANING PROVIDED IN ARTICLE TWO-B OF
THIS CHAPTER.
  (B) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BOARD OF EDUCA-
TION OR OF TRUSTEES OF  A  SCHOOL  DISTRICT  IS  HEREBY  AUTHORIZED  AND
EMPOWERED TO ADOPT A RESOLUTION PROVIDING FOR THE INSTALLATION AND OPER-
ATION  OF  SCHOOL  BUS  SAFETY  CAMERAS UPON SCHOOL BUSES OPERATED BY OR
CONTRACTED WITH SUCH DISTRICT,  AND  PROVIDING  FOR  THE  FORWARDING  OF
IMAGES FROM SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION
IN  THE  AREA  IN  WHICH  SUCH  SCHOOL BUSES OPERATE, FOR THE PURPOSE OF
IMPOSING MONETARY LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGAL-
LY OVERTAKING OR PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
  2. THE BOARD OF EDUCATION OR OF TRUSTEES OF THE SCHOOL  DISTRICT  MAY,
FURTHERMORE,  ENTER  INTO  AN  AGREEMENT  WITH  A PRIVATE VENDOR FOR THE
INSTALLATION, OPERATION, NOTICE PROCESSING AND ADMINISTRATION, AND MAIN-
TENANCE OF SCHOOL BUS SAFETY CAMERAS ON  BUSES  WITHIN  SUCH  DISTRICT'S
FLEET, WHETHER OWNED OR LEASED.
  3. SUCH SCHOOL BUS SAFETY CAMERAS SHALL UTILIZE NECESSARY TECHNOLOGIES
TO  ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER,  THE  PASSEN-
GERS  OR  THE CONTENTS OF THE VEHICLE; SHALL ONLY PRODUCE A PHOTOGRAPHIC
IMAGE OF THE FRONT OR REAR REGISTRATION NUMBER PLATE OF THE MOTOR  VEHI-
CLE;  AND  SHALL  ONLY  PRODUCE  A PHOTOGRAPHIC IMAGE OF A VEHICLE WHICH
PASSES OR OVERTAKES THE SCHOOL BUS, IN VIOLATION OF SUBDIVISION  (A)  OF
SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR OF THIS ARTICLE, WHILE THE SCHOOL
BUS IS AT A FULL STOP AND THE RED VISUAL SIGNAL, AS SPECIFIED IN  SUBDI-
VISION  TWENTY OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, IS
BEING OPERATED. PROVIDED, HOWEVER, THAT NO SIMPLIFIED  TRAFFIC  INFORMA-
TION ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A
PHOTOGRAPH  OR  PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS
OF A MOTOR VEHICLE.
  4. SUCH A SCHOOL DISTRICT MAY ENTER INTO AN  INTERGOVERNMENTAL  AGREE-
MENT WITH A LOCAL GOVERNING AUTHORITY TO OFFSET THE EXPENSES RELATING TO
THE  ONGOING  OPERATION OF SCHOOL BUS SAFETY CAMERAS AND THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
  (C) IN ANY SCHOOL DISTRICT IN WHICH  SCHOOL  BUS  SAFETY  CAMERAS  ARE
INSTALLED  AND OPERATED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, THE
OWNER OF A MOTOR VEHICLE, UPON ISSUANCE OF A SIMPLIFIED TRAFFIC INFORMA-
TION BY A POLICE OFFICER, SHALL BE LIABLE FOR A CIVIL PENALTY  EQUAL  TO
THE  FINES  ESTABLISHED  IN  SUBDIVISION  (C)  OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THIS ARTICLE IF SUCH VEHICLE WAS USED OR  OPERATED  WITH
THE  PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDI-
VISION (A) OF SUCH SECTION, AND SUCH VIOLATION IS EVIDENCED BY  INFORMA-
TION  OBTAINED  FROM A SCHOOL BUS SAFETY CAMERA; PROVIDED, HOWEVER, THAT
NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT  TO
THIS  SECTION  WHERE  THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF
THE UNDERLYING VIOLATION OF SUBDIVISION (A) OF  SECTION  ELEVEN  HUNDRED
SEVENTY-FOUR  OF  THIS ARTICLE. PROVIDED, FURTHER, THAT THE NET PROCEEDS
OF ANY PENALTY, AFTER THE EXPENSES OF  ADMINISTRATION,  COLLECTED  BY  A
TRAFFIC  VIOLATIONS  BUREAU  OR  COURT PURSUANT TO THIS SECTION SHALL BE
EXPENDED FOR PROGRAMS RELATED TO IMPROVING PUBLIC SAFETY  AND/OR  SCHOOL
DISTRICT SAFETY IN THE MUNICIPALITY IN WHICH THE VIOLATION OCCURRED.
  (D)  AFTER  A  SCHOOL DISTRICT FORWARDS THE IMAGES FROM ITS SCHOOL BUS
SAFETY CAMERAS TO A LAW  ENFORCEMENT  AGENCY,  A  POLICE  OFFICER  SHALL

S. 5028--A                          3

INSPECT  SUCH IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE WAS COMMITTED. IF
SUCH POLICE OFFICER FINDS THAT SUCH A  VIOLATION  OCCURRED,  HE  OR  SHE
SHALL ISSUE A SIMPLIFIED TRAFFIC INFORMATION ALLEGING THE VIOLATION, AND
SUCH  INFORMATION WITH A COPY OF THE PHOTOGRAPHIC IMAGE OF THE VIOLATION
SHALL BE MAILED TO THE OWNER OF THE MOTOR VEHICLE BY  FIRST  CLASS  MAIL
WITHIN  THIRTY  DAYS  OF THE ALLEGED VIOLATION. THE IMAGES PRODUCED BY A
SCHOOL BUS SAFETY CAMERA SHALL BE PRIMA  FACIE  EVIDENCE  OF  THE  FACTS
CONTAINED  THEREIN.  ALL  PHOTOGRAPHIC IMAGES OF MOTOR VEHICLES WHICH DO
NOT DEPICT OR RESULT IN LIABILITY FOR VIOLATION OF  SUBDIVISION  (A)  OF
SECTION  ELEVEN  HUNDRED SEVENTY-FOUR OF THIS ARTICLE SHALL BE DESTROYED
BY THE APPROPRIATE SCHOOL DISTRICT AND LAW ENFORCEMENT AGENCY WITHIN TWO
DAYS.
  (E) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL  NOT  BE
DEEMED  A  CONVICTION  AS  AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS  IMPOSED  NOR
SHALL  IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
  (F) 1. A SIMPLIFIED TRAFFIC INFORMATION AND THE PHOTOGRAPHIC IMAGE  OF
THE  ALLEGED  VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON
ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION  (A)  OF
SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A  MANUAL
OR  AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2. A SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN THE NAME AND ADDRESS
OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSU-
ANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED  IN
SUCH  VIOLATION,  THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE
AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF  THE  SCHOOL
BUS SAFETY CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER.
  3. THE SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN INFORMATION ADVIS-
ING  THE PERSON CHARGED OF THE MANNER, THE TIME, THE PLACE AND THE COURT
OR ADMINISTRATIVE BODY IN WHICH HE OR  SHE  MAY  CONTEST  THE  LIABILITY
ALLEGED  IN THE SIMPLIFIED TRAFFIC INFORMATION.  SUCH SIMPLIFIED TRAFFIC
INFORMATION SHALL ALSO CONTAIN A WARNING TO ADVISE THE  PERSONS  CHARGED
THAT  FAILURE  TO ANSWER IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT HE OR SHE SHALL BE LIABLE FOR FAILURE
TO RESPOND TO A SUMMONS.
  (G) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
SHALL  BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
  (H) IF AN OWNER RECEIVES A SIMPLIFIED TRAFFIC INFORMATION PURSUANT  TO
THIS  SECTION  FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED
TO A LAW ENFORCEMENT AGENCY AS HAVING BEEN STOLEN, IT SHALL BE  A  VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A)
OF  SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO THIS
SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN  RECOVERED  BY  SUCH
TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN  VEHICLE  BE  SENT  BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS
BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.

S. 5028--A                          4

  (I) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A SIMPLIFIED  TRAF-
FIC  INFORMATION WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE LIABLE
FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-
FOUR  OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT HAVING
JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
COVERING  SUCH  VEHICLE  ON THE DATE OF THE VIOLATION, WITH THE NAME AND
ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN  THIRTY-SEVEN  DAYS  AFTER
RECEIVING  NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH VIOLATION,
TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL SIMPLIFIED
TRAFFIC INFORMATION.  FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR-
TY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR  THE  PENALTY
PRESCRIBED   BY  THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES  WITH  THE
PROVISIONS OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON  THE  DATE
OF  SUCH  VIOLATION  SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR
PURPOSES OF  THIS  SECTION,  SHALL  BE  SUBJECT  TO  LIABILITY  FOR  THE
VIOLATION  OF  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL  BE  SENT  A  SIMPLIFIED
TRAFFIC INFORMATION PURSUANT TO THIS SECTION.
  (J)  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO THIS SECTION WAS
NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE  OWNER
MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  (K)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (A)  OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
  (L)  THE  SCHOOL BUS SAFETY CAMERAS INSTALLED AND OPERATED PURSUANT TO
THIS SECTION SHALL BE USED SOLELY  FOR  THE  PURPOSES  OF  CARRYING  OUT
PHOTO-MONITORING  OF  VIOLATIONS  OF  SUBDIVISION  (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
  S 4. Section 3621 of the education law is  amended  by  adding  a  new
subdivision 16 to read as follows:
  16.  "SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITOR-
ING DEVICE AUTHORIZED TO BE INSTALLED  AND  OPERATED  IN  A  SCHOOL  BUS
PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAF-
FIC LAW.
  S  5.  Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended  to  read
as follows:
  c.  The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and  new
school  buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat  safety  belts
on  school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of  school  bus
back  up  beepers,  (v)  the purchase of school bus front crossing arms,
(vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
purchase  and  installation  of  exterior  reflective  marking on school
buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
systems  for school buses used to transport students who use wheelchairs
or other assistive mobility devices, (IX) THE  PURCHASE  OF  SCHOOL  BUS
SAFETY  CAMERAS,  and  [(ix)]  (X)  the  purchase  of other equipment as
prescribed in the regulations of the commissioner; and
  S 6. Subdivision 3 and paragraph a of subdivision 4 of section 227  of
the  vehicle and traffic law, subdivision 3 as amended by chapter 337 of
the laws of 1970 and renumbered by chapter 288 of the laws of  1989  and

S. 5028--A                          5

paragraph  a of subdivision 4 as amended by section 7 of part J of chap-
ter 62 of the laws of 2003, are amended to read as follows:
  3.  After due consideration of the evidence and arguments offered in a
contested case, the hearing officer shall determine whether the  charges
have  been established. IN THE CASE OF AN OWNER CHARGED AS SUCH PURSUANT
TO THIS ARTICLE, IT SHALL BE A COMPLETE DEFENSE TO SUCH  CHARGE  THAT  A
VEHICLE  ALLEGED  TO BE IN VIOLATION WAS OPERATED WITHOUT THE PERMISSION
OF SUCH OWNER OR HIS OR HER AGENT  AND  THE  ESTABLISHMENT  OF  LACK  OF
PERMISSION  SHALL RESULT IN AN ORDER DISMISSING SUCH CHARGE AGAINST SUCH
OWNER.  Where the charges have not been established, an order dismissing
the charges shall be entered.   Where a determination  is  made  that  a
charge  has been established, either in a contested case or in an uncon-
tested case where there is an appearance before a hearing officer, or if
an answer admitting the charge otherwise has been received, an appropri-
ate order shall be entered in the department's records.
  a. An order entered upon the failure to answer or appear or after  the
receipt  of  an  answer admitting the charge or where a determination is
made that the charge has been established shall be civil in nature,  but
shall  be  treated as a conviction for the purposes of this chapter. The
commissioner or his OR HER designee may include in such order an imposi-
tion of any penalty authorized by any provision of this  chapter  for  a
conviction  of such violation, except that no penalty [therefore] THERE-
FOR shall include imprisonment, nor, if monetary, exceed the  amount  of
the  fine  which  could have been imposed had the charge been heard by a
court. The driver's license or privileges, or, if the charge involves  a
violation  of  section three hundred eighty-five or section four hundred
one of this chapter by a registrant who was  not  the  operator  of  the
vehicle,  the  registration of such vehicle or privilege of operation of
any motor vehicle owned by such registrant may be suspended pending  the
payment  of  any  penalty  so  imposed; HOWEVER, IN THE CASE OF AN OWNER
CHARGED AS SUCH PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR
PRIVILEGE SHALL NOT BE AFFECTED BY SUCH  ORDER  OR  DETERMINATION  OTHER
THAN  AS SUSPENSION THEREOF FOR FAILURE TO APPEAR OR PAY AS SET FORTH IN
THIS ARTICLE, NOR SHALL A CONVICTION HEREUNDER OF  SUCH  OWNER  AS  SUCH
RESULT  IN  DEPARTMENTAL  ADMINISTRATIVE  SANCTIONS AFFECTING HIS OR HER
DRIVER'S LICENSE OR PRIVILEGE. Any suspension issued  pursuant  to  this
paragraph  shall  be  subject  to  the  provisions of paragraph (j-1) of
subdivision two of section five hundred three of this chapter.
  S 7. Paragraph k of subdivision 3 of section 510 of  the  vehicle  and
traffic  law,  as amended by chapter 124 of the laws of 1992, is amended
and a new paragraph l is added to read as follows:
  k. for a period of up to ninety days because of the conviction of  the
holder  of  the offenses of menacing as defined in section 120.15 of the
penal law, where such offense was committed against a  traffic  enforce-
ment agent employed by the city of New York or the city of Buffalo while
such  agent  was  enforcing  or  attempting to enforce the traffic regu-
lations of such city[.];
  L. FOR A PERIOD OF UP TO SIXTY DAYS FOR A VIOLATION OF SECTION  ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
  S 8. Section 120.00 of the penal law is amended to read as follows:
S 120.00 Assault in the third degree.
  A person is guilty of assault in the third degree when:
  1.  With  intent to cause physical injury to another person, he OR SHE
causes such injury to such person or to a third person; or
  2. He OR SHE recklessly causes physical injury to another person; or

S. 5028--A                          6

  3. With criminal negligence, he  OR  SHE  causes  physical  injury  to
another person by means of a deadly weapon or a dangerous instrument[.];
OR
  4.  HE OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE OPERATING
A MOTOR VEHICLE IN  VIOLATION  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
  Assault in the third degree is a class A misdemeanor.
  S 9. Section 125.10 of the penal law is amended to read as follows:
S 125.10 Criminally negligent homicide.
  A person is guilty of criminally negligent homicide when[, with]:
  1.  WITH  criminal  negligence,  he OR SHE causes the death of another
person[.]; OR
  2. HE OR SHE CAUSES THE DEATH OF  ANOTHER  PERSON  WHILE  OPERATING  A
MOTOR  VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
  Criminally negligent homicide is a class E felony.
  S 10. The vehicle and traffic law is amended by adding a  new  section
223-a to read as follows:
  S  223-A. SCHOOL BUS SAFETY EDUCATION PROGRAM. THE COMMISSIONER SHALL,
IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, THE DEPART-
MENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION OF STATE POLICE, AND
THE STATE COMPREHENSIVE  SCHOOL  BUS  DRIVER  SAFETY  TRAINING  COUNCIL,
DESIGN  AND  IMPLEMENT  A  PUBLIC EDUCATION PROGRAM TO EDUCATE MOTORISTS
UPON THE DANGERS OF PASSING OR OVERTAKING A SCHOOL BUS IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS  CHAPTER, TO REDUCE THE
NUMBER OF SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
  S 11. This act shall  take  effect  on  the  first  of  November  next
succeeding  the  date  on  which it shall have become a law; except that
sections four, five and ten of this act shall take effect on  the  first
of April next succeeding the effective date of this act.

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Senate Bill S5028A

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

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2013-S5028 - Details

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2013-S5028 - Bill Text download pdf

co-Sponsors

2013-S5028A (ACTIVE) - Details

2013-S5028A (ACTIVE) - Summary

2013-S5028A (ACTIVE) - Sponsor Memo

2013-S5028A (ACTIVE) - Bill Text download pdf

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