S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  321--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. MAGNARELLI, WEPRIN, GALEF, JENNE, HOOPER, CUSICK,
   McDONOUGH,  M. G. MILLER,  ARROYO, GOTTFRIED, CRESPO, PICHARDO, RAMOS,
   FAHY, SKOUFIS, BRONSON, HUNTER, JEAN-PIERRE,  WOERNER,  PAULIN,  McDO-
   NALD,  DenDEKKER, THIELE, MOSLEY, ORTIZ, HARRIS, GLICK, BLAKE, RIVERA,
   D'URSO, BARRETT, STIRPE, AUBRY, TAYLOR -- Multi-Sponsored by -- M.  of
   A.  BUCHWALD,  COOK,  DE LA ROSA, ENGLEBRIGHT, HEVESI, HYNDMAN, JONES,
   LUPARDO, MAGEE, SEPULVEDA, SIMON, SOLAGES, TITONE  --  read  once  and
   referred  to  the  Committee  on  Transportation -- recommitted to the
   Committee on Transportation in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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  and  the
   public  officers  law,  in relation to owner liability for an operator
   illegally overtaking or passing a school bus; and  providing  for  the
   repeal of such provisions upon expiration thereof

   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".
   §  2.  Legislative intent. In the state of New York, 2.5 million chil-
 dren ride school buses and public transportation to and from school each
 day. The legislature recognizes that the safe transportation of children
 to and from school is a shared responsibility of  each  school  district
 and  the driving public. It is the intent of this legislature to author-
 ize school districts to utilize school  bus  safety  camera  technology,
 which  will  identify  drivers  who violate the law by passing a stopped
 school bus with its red flashing signal lamps illuminated and  stop  arm
 engaged.

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

                                                            LBD00638-03-8

 A. 321--A                           2
 
   § 3. 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.    SCHOOL
 DISTRICTS  THAT,  AT  THE  TIME  OF  ADOPTION OF SUCH A RESOLUTION, HAVE
 ENTERED INTO A CONTRACT FOR TRANSPORTATION SERVICES, MAY,  NOTWITHSTAND-
 ING  ANY  OTHER  PROVISION OF STATE LAW, RULE OR REGULATION, RENEGOTIATE
 THE TERMS OF THEIR CURRENT TRANSPORTATION CONTRACT FOR THE  PURPOSES  OF
 ALLOWING  THE  INSTALLATION  OF  SCHOOL  BUS  SAFETY  CAMERAS.    SCHOOL
 DISTRICTS SHALL NOT BE REQUIRED TO TAKE SCHOOL BUSES OUT OF  SERVICE  IF
 SUCH  BUSES ARE NOT EQUIPPED WITH AUTOMATED SCHOOL BUS SAFETY CAMERAS OR
 FUNCTIONAL AUTOMATED SAFETY CAMERAS.
   SCHOOL DISTRICTS AND SCHOOL BUS TRANSPORTATION  CONTRACTORS  SHALL  BE
 HELD  HARMLESS  FROM  AND NOT LIABLE FOR ANY CRIMINAL OR CIVIL LIABILITY
 ARISING FROM THE OPERATION OF SCHOOL BUS SAFETY CAMERAS.    THE  COMMIS-
 SIONER  SHALL  PROMULGATE  RULES AND REGULATIONS FOR THE INSTALLATION OF
 SCHOOL BUS SAFETY CAMERAS.   A DESIGNATED VENDOR  OR  EMPLOYEE  OF  SUCH
 VENDOR,  POLICE OFFICER, OR DESIGNATED GOVERNING BODY EMPLOYEE SHALL NOT
 BE LIABLE FOR ANY LOSS THAT OCCURS WHILE  ACTING  WITHIN  THE  SCOPE  OF
 THEIR  EMPLOYMENT  OR  CONTRACTUAL  ENGAGEMENT TO IMPLEMENT OR ENFORCE A
 VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THIS CHAPTER.
   § 4. The vehicle and traffic law is amended by adding  a  new  section
 1174-a to read as follows:
   § 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 THE OUTSIDE OF A SCHOOL BUS AND DESIGNED TO DETECT AND
 STORE VIDEOTAPE AND ONE OR MORE IMAGES 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.  SCHOOL DISTRICTS SHALL NOT ACCESS THE
 IMAGES FROM SUCH CAMERAS BUT SHALL PROVIDE,  PURSUANT  TO  AN  AGREEMENT
 WITH  THE  APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES FOR THE PROPER
 HANDLING AND CUSTODY OF SUCH IMAGES, FOR THE FORWARDING OF  IMAGES  FROM
 SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA
 IN  WHICH  THE  VIOLATION OCCURRED, FOR THE PURPOSE OF IMPOSING MONETARY
 LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR  ILLEGALLY  OVERTAKING  OR
 PASSING  A  SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   2. IN SUCH SCHOOL DISTRICTS THAT HAVE ADOPTED A RESOLUTION AUTHORIZING
 THE INSTALLATION OF SUCH SCHOOL BUS SAFETY CAMERAS, THE BOARD OF  EDUCA-
 TION  OR  OF TRUSTEES OF THE SCHOOL DISTRICT OR A SCHOOL BUS TRANSPORTA-
 TION CONTRACTOR MAY, FURTHERMORE, ENTER INTO AN AGREEMENT WITH A PRIVATE
 VENDOR FOR THE INSTALLATION, OPERATION, NOTICE PROCESSING  AND  ADMINIS-
 TRATION,  AND  MAINTENANCE  OF SCHOOL BUS SAFETY CAMERAS ON BUSES WITHIN
 SUCH  DISTRICT'S  FLEET.  SCHOOL  BUS  TRANSPORTATION  CONTRACTORS   ARE
 EMPOWERED  TO  PURCHASE  OR  LEASE, THROUGH A PRIVATE VENDOR, SCHOOL BUS
 SAFETY CAMERAS; PROVIDED, THAT ANY AGREEMENT BETWEEN A SCHOOL BUS TRANS-

 A. 321--A                           3
 
 PORTATION CONTRACTOR AND A PRIVATE CAMERA VENDOR SHALL STIPULATE THAT  A
 SCHOOL  BUS  TRANSPORTATION  CONTRACTOR  SHALL ONLY BE ALLOWED TO RECOUP
 EXPENSES INCURRED THROUGH THE INSTALLATION AND OPERATION OF A SCHOOL BUS
 ARM  CAMERA AND SHALL NOT ALLOW THE SCHOOL BUS TRANSPORTATION CONTRACTOR
 TO CHARGE THE CAMERA VENDOR A FEE FOR  THE  INSTALLATION,  OPERATION  OR
 MAINTENANCE  OF  SUCH CAMERAS, NOR RECEIVE ANY PORTION OF THE FINE FOR A
 VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF  THIS  ARTICLE.  A
 PRIVATE  CAMERA  VENDOR  SHALL  HAVE  THE RIGHT TO RETAIN ANY SCHOOL BUS
 SAFETY CAMERAS INSTALLED ON A SCHOOL BUS AFTER  THE  EXPIRATION  OF  THE
 AGREEMENT  WITH  THE  SCHOOL  BUS  TRANSPORTATION CONTRACTOR, UNLESS THE
 EQUIPMENT WAS PURCHASED FROM THE VENDOR.  PROVIDED,  FURTHER,  THAT  ANY
 AGREEMENT  BETWEEN  A SCHOOL BUS TRANSPORTATION CONTRACTOR AND A PRIVATE
 CAMERA VENDOR SHALL STIPULATE THE NUMBER  OF  CAMERAS  TO  BE  INSTALLED
 SHALL NOT EXCEED THE TOTAL AMOUNT REQUESTED BY THE SCHOOL DISTRICT.
   3.  SUCH  SCHOOL  BUS  SAFETY  CAMERAS SHALL ONLY TAKE PHOTOGRAPHS AND
 VIDEOTAPE OF MOTOR VEHICLES AND THEIR LICENSE PLATES THEREON, WHILE SUCH
 VEHICLE IS OPERATED IN VIOLATION OF SUBDIVISION (A)  OF  SECTION  ELEVEN
 HUNDRED  SEVENTY-FOUR OF THIS ARTICLE. NO SUCH PHOTOGRAPH OR VIDEO SHALL
 REVEAL ANY OCCUPANT OF A MOTOR VEHICLE.    PROVIDED,  HOWEVER,  THAT  NO
 SIMPLIFIED  TRAFFIC INFORMATION ISSUED PURSUANT TO THIS SECTION SHALL BE
 DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDEN-
 TIFICATION OF THE OCCUPANTS AND/OR CONTENTS OF A MOTOR VEHICLE.
   4. UPON ADOPTION OF A RESOLUTION BY A SCHOOL DISTRICT AS  REQUIRED  IN
 SUBDIVISION  TWENTY-ONE-J  OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
 CHAPTER, SUCH SCHOOL DISTRICT MAY ENTER INTO A MEMORANDUM OF UNDERSTAND-
 ING WITH A LOCAL GOVERNING AUTHORITY TO ENABLE THE IMPLEMENTATION OF THE
 PROVISIONS OF THIS SECTION.   SUCH TRAFFIC VIOLATIONS  BUREAU  OR  COURT
 SHALL  MAKE  AVAILABLE  TO  SUCH  SCHOOL  DISTRICT THE ADJUDICATION DATA
 REQUIRED BY PARAGRAPH SEVEN OF SUBDIVISION (L) OF  THIS  SECTION  AS  TO
 ALLOW  SUCH  SCHOOL DISTRICT TO COMPLETE THE REPORT REQUIRED BY SUBDIVI-
 SION (L) OF THIS SECTION  IN  A  TIMELY  MANNER.  ANY  INTERGOVERNMENTAL
 AGREEMENT   PURSUANT   TO  THIS  PARAGRAPH  SHALL  INFORM  SUCH  TRAFFIC
 VIOLATIONS BUREAU OR COURT OF THE REQUIREMENTS OF THIS  SUBDIVISION  AND
 SHALL  MAKE PROVISIONS REGARDING THE TRANSMITTAL OF SUCH REQUIRED INFOR-
 MATION.  SCHOOL DISTRICTS THAT ELECT TO PURCHASE SUCH CAMERAS  SHALL  BE
 REIMBURSED  FOR  THE COST OF SUCH CAMERAS OUT OF THE NET PROCEEDS, AFTER
 THE EXPENSES OF ADMINISTRATION.  REIMBURSEMENT  FOR  THE  COST  OF  SUCH
 CAMERAS SHALL NOT BE CONSIDERED GENERATING INCOME.
   (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 OF TWO
 HUNDRED FIFTY DOLLARS IF SUCH VEHICLE WAS  USED  OR  OPERATED  WITH  THE
 PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDIVISION
 (A)  OF  SECTION  ELEVEN  HUNDRED SEVENTY-FOUR OF THIS ARTICLE, AND SUCH
 VIOLATION IS EVIDENCED BY INFORMATION 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 SUBDIVI-
 SION (A)  OF  SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS  ARTICLE.
 PROVIDED,  FURTHER,  THAT  THE  NET  PROCEEDS  OF ANY PENALTY, AFTER THE
 EXPENSES OF ADMINISTRATION AND OPERATING COSTS OF THE CAMERAS, COLLECTED
 BY A TRAFFIC VIOLATIONS BUREAU OR COURT PURSUANT TO THIS  SECTION  SHALL
 BE  EXPENDED  FOR  PROGRAMS  RELATED  TO IMPROVING TRAFFIC SAFETY AND/OR
 SCHOOL DISTRICT SAFETY  IN  THE  MUNICIPALITY  IN  WHICH  THE  VIOLATION
 OCCURRED.  SCHOOL DISTRICTS ARE AUTHORIZED TO ACCEPT GRANTS FROM MUNICI-

 A. 321--A                           4
 
 PALITIES  FOR  THE  IMPLEMENTATION OF THIS SECTION. SCHOOL DISTRICTS MAY
 ALLOW FOR A WARNING PERIOD OF UP TO TWENTY-ONE DAYS FROM  THE  TIME  THE
 FIRST  SCHOOL  BUS  SAFETY  CAMERAS ARE INSTALLED IN THE DISTRICT BEFORE
 MONETARY  PENALTIES  ARE  IMPOSED  ON  VIOLATIONS  OCCURRING  FROM  SUCH
 CAMERAS.
   (D) A SCHOOL DISTRICT OR SCHOOL BUS CAMERA  VENDOR  SHALL  FORWARD  OR
 CAUSE  TO  BE  FORWARDED,  THE  IMAGES AND VIDEOTAPE FROM ITS SCHOOL BUS
 SAFETY CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING  JURISDICTION  IN  THE
 AREA WHERE THE VIOLATION OCCURRED. A SCHOOL BUS CONTRACTOR MAY NOT PROC-
 ESS  A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
 AFTER RECEIPT OF SUCH IMAGES, A POLICE OFFICER SHALL INSPECT SUCH  VIDE-
 OTAPE  AND IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION (A) OF
 SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF  THIS  ARTICLE  WAS  COMMITTED,
 PROVIDED  THAT  SUCH VIDEOTAPE AND ONE OR MORE IMAGES MUST DISPLAY A RED
 VISUAL SIGNAL AS  SPECIFIED  IN  SUBDIVISION  TWENTY  OF  SECTION  THREE
 HUNDRED  SEVENTY-FIVE OF THIS CHAPTER. 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 VIDEOTAPE AND 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 WITHIN THIRTY DAYS IF SUCH OWNER IS A RESIDENT OF THIS STATE AND
 WITHIN FORTY-FIVE  BUSINESS  DAYS  IF  SUCH  OWNER  IS  A  NON-RESIDENT,
 PROVIDED  THAT A WARNING NOTICE AND NOT A SIMPLIFIED TRAFFIC INFORMATION
 SHALL BE SENT IF SUCH VIOLATION IS  EVIDENCED  BY  INFORMATION  OBTAINED
 FROM  A  SCHOOL BUS SAFETY CAMERA THAT HAS BEEN OPERATIONAL BUT INACTIVE
 FOR A PERIOD DETERMINED BY THE SCHOOL DISTRICT.   PERSONAL  DELIVERY  ON
 THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING
 PREPARED  IN  THE  ORDINARY  COURSE  OF  BUSINESS  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 INCLUDING
 GLOBAL POSITIONING  SYSTEM  COORDINATES,  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

 A. 321--A                           5

 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 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 ARTI-
 CLE 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
 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) 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.
   (K) THE SCHOOL BUS SAFETY CAMERAS INSTALLED AND OPERATED  PURSUANT  TO
 THIS  SECTION  SHALL  BE  USED  SOLELY  FOR THE PURPOSES OF CARRYING OUT
 PHOTO-MONITORING AND VIDEOTAPING OF VIOLATIONS  OF  SUBDIVISION  (A)  OF
 SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   (L)  IN ANY SUCH SCHOOL DISTRICT WHICH ADOPTS A RESOLUTION PURSUANT TO
 SUBDIVISION (B) OF THIS SECTION, SUCH  SCHOOL  DISTRICT  SHALL,  TO  THE
 EXTENT THAT SUCH INFORMATION IS AVAILABLE TO IT, SUBMIT AN ANNUAL REPORT
 ON  THE  RESULTS OF THE USE OF A SCHOOL BUS SAFETY CAMERA PROGRAM TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
 ASSEMBLY  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND NINETEEN AND ON OR
 BEFORE SUCH DATE IN EACH SUCCEEDING YEAR IN WHICH THE PROGRAM IS  OPERA-
 BLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1.  A  DESCRIPTION  OF THE ROUTES WHERE SCHOOL BUS SAFETY CAMERAS WERE
 USED;
   2. THE AGGREGATE NUMBER, TYPE AND  SEVERITY  OF  ACCIDENTS  CAUSED  BY
 PASSING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR

 A. 321--A                           6
 
 OF  THIS  ARTICLE  PROVIDED, HOWEVER, THE SCHOOL DISTRICT MAINTAINS SUCH
 INFORMATION;
   3. THE NUMBER OF VIOLATIONS RECORDED FOR EACH SCHOOL BUS SAFETY CAMERA
 AND IN THE AGGREGATE ON A MONTHLY BASIS;
   4.  THE  TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS OF
 THIS SECTION;
   5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE OF LIABILITY;
   6.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITION MADE FOR VIOLATIONS RECORDED
 BY SUCH SYSTEMS;
   7. THE TOTAL AMOUNT OF REVENUE REALIZED FROM ADJUDICATIONS;
   8. EXPENSES INCURRED IN CONNECTION WITH THIS PROGRAM  BY  SUCH  SCHOOL
 DISTRICT OR PRIVATE BUS CONTRACTOR PROVIDING TRANSPORTATION SERVICES FOR
 THE SCHOOL DISTRICT;
   9. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND
   10.  A  DESCRIPTION  OF  PUBLIC EDUCATION ACTIVITIES CONDUCTED TO WARN
 MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS.
   (M) NO OWNER OR OPERATOR OF A MOTOR VEHICLE, WHO HAS BEEN CHARGED WITH
 A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
 THIS ARTICLE IN A SIMPLIFIED TRAFFIC INFORMATION,  SHALL  BE  DEEMED  TO
 HAVE ANY LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
   §  5.  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 ON THE OUTSIDE OF A
 SCHOOL BUS PURSUANT TO SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR-A  OF  THE
 VEHICLE AND TRAFFIC LAW.
   §  6.  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
   § 7. 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
 TO  ARTICLE  TWENTY-NINE OF THIS CHAPTER, 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 ESTAB-

 A. 321--A                           7
 
 LISHMENT 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 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.
   § 8. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (p) to read as follows:
   (P)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN  HUNDRED  SEVENTY-
 FOUR-A  OF THE VEHICLE AND TRAFFIC LAW.  ANY SCHOOL DISTRICT THAT ADOPTS
 A RESOLUTION PROVIDING FOR THE INSTALLATION AND OPERATION OF SCHOOL  BUS
 SAFETY  CAMERAS  UPON  SCHOOL  BUSES OPERATED BY OR CONTRACTED WITH SUCH
 DISTRICT PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THE  VEHI-
 CLE  AND  TRAFFIC  LAW SHALL NOTIFY ITS RESIDENTS THROUGH ADOPTED PROCE-
 DURES ABOUT SUCH INSTALLATION AND OPERATION BEFORE ANY SIMPLIFIED  TRAF-
 FIC  INFORMATION  ISSUED  BASED  ON EVIDENCE OBTAINED BY SUCH SCHOOL BUS
 SAFETY CAMERAS.
   § 9. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law; except  that  sections
 four  and  five of this act shall take effect on the first of April next
 succeeding the effective date of this act.  The provisions of  this  act
 shall expire and be deemed repealed September 1, 2024.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  321--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. MAGNARELLI, WEPRIN, GALEF, JENNE, HOOPER, CUSICK,
   McDONOUGH,  M. G. MILLER,  ARROYO, GOTTFRIED, CRESPO, PICHARDO, RAMOS,
   FAHY, SKOUFIS, BRONSON, HUNTER, JEAN-PIERRE,  WOERNER,  PAULIN,  McDO-
   NALD,  DenDEKKER, THIELE, MOSLEY, ORTIZ, GLICK, BLAKE, RIVERA, D'URSO,
   BARRETT, STIRPE, AUBRY, TAYLOR, RYAN, WALLACE,  PELLEGRINO  --  Multi-
   Sponsored  by  --  M.  of  A. BUCHWALD, COOK, DE LA ROSA, ENGLEBRIGHT,
   HEVESI, HYNDMAN, JONES, LUPARDO, MAGEE, NOLAN, SIMON, SOLAGES,  TITONE
   -- read once and referred to the Committee on Transportation -- recom-
   mitted  to the Committee on Transportation in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the education law and the vehicle and traffic law, in
   relation to authorizing the installation and use of safety cameras  on
   school  buses for the purpose of monitoring overtaking  and passing of
   school bus violations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1604 of the education law is amended by adding a
 new subdivision 43 to read as follows:
   43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ-
 ING THE USE OF SCHOOL BUS CAMERAS PURSUANT  TO  SECTION  ELEVEN  HUNDRED
 EIGHTEEN  OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES MAY
 ALSO ENTER INTO CONTRACTS WITH  A  THIRD  PARTY  FOR  THE  INSTALLATION,
 ADMINISTRATION,  OPERATION,  NOTICE  PROCESSING, AND MAINTENANCE OF SUCH
 CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU-
 ANT TO SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND  TRAFFIC  LAW,
 PROVIDED  THAT  THE PURCHASE, LEASE, INSTALLATION, OPERATION AND MAINTE-
 NANCE, OR ANY OTHER COSTS ASSOCIATED WITH  SUCH  CAMERAS  SHALL  NOT  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00638-04-8
              

 A. 321--B                           2
 
 CONSIDERED  AN  AIDABLE  EXPENSE  PURSUANT TO SECTION THIRTY-SIX HUNDRED
 TWENTY-THREE-A OF THIS CHAPTER.
   §  2.  Section  1709  of  the education law is amended by adding a new
 subdivision 43 to read as follows:
   43. TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD,  AUTHORIZING
 THE  USE  OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGH-
 TEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE  BOARD  MAY  ALSO
 ENTER  INTO  CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINIS-
 TRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH  CAMERAS,
 AND  FOR  THE  SHARING  OF REVENUE DERIVED FROM SUCH CAMERAS PURSUANT TO
 SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED
 THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION  AND  MAINTENANCE,  OR
 ANY  OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE CONSIDERED AN
 AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF
 THIS CHAPTER.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 1118 to read as follows:
   § 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A
 SCHOOL  BUS.  (A)  1.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, EACH
 BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED
 AND EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL  BUS
 SAFETY  CAMERA  PROGRAM  IMPOSING  MONETARY  LIABILITY ON THE OWNER OF A
 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER  A  BOARD
 OF  EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR
 THAT HAS CONTRACTED WITH SUCH SCHOOL DISTRICT TO    INSTALL  SCHOOL  BUS
 SAFETY  CAMERAS  UPON  SCHOOL  BUSES OPERATED BY OR CONTRACTED WITH SUCH
 DISTRICT.
   2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE
 EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS  SAFETY
 CAMERAS  SHALL  NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
 GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO  NOTICE
 OF  LIABILITY  ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
 BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF  THE
 CONTENTS  OF  A  VEHICLE,  PROVIDED THAT SUCH SCHOOL DISTRICT HAS MADE A
 REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (B) IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT  TO
 SUBDIVISION  (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE
 FOR A PENALTY IMPOSED PURSUANT TO  THIS SECTION IF SUCH VEHICLE WAS USED
 OR OPERATED WITH THE PERMISSION OF THE OWNER,  EXPRESS  OR  IMPLIED,  IN
 VIOLATION  OF  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
 THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION 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 TITLE.
   (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
 "SCHOOL  BUS  SAFETY  CAMERA"  SHALL  MEAN AN AUTOMATED PHOTO MONITORING
 DEVICE AFFIXED TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED  TO  DETECT
 AND  STORE  ONE  OR  MORE IMAGES OF MOTOR VEHICLES THAT OVERTAKE OR PASS
 SCHOOL BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION  ELEVEN  HUNDRED
 SEVENTY-FOUR OF THIS TITLE.
   (D)  NO  SCHOOL  DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR THAT
 HAS INSTALLED CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS  THE  IMAGES
 FROM  SUCH  CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT WITH THE

 A. 321--B                           3
 
 APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER  HANDLING
 AND  CUSTODY  OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES FROM SUCH
 CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE  AREA  IN
 WHICH  THE  VIOLATION  OCCURRED  FOR  THE  PURPOSE  OF IMPOSING MONETARY
 LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR  ILLEGALLY  OVERTAKING  OR
 PASSING  A  SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF THIS TITLE.  AFTER  RECEIPT  OF  SUCH  IMAGES  A
 POLICE  OFFICER  SHALL  INSPECT  SUCH  IMAGES  TO  DETERMINE  WHETHER  A
 VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF
 THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A CERTIFICATE, SWORN TO OR
 AFFIRMED  BY  AN  OFFICER  OF SUCH AGENCY, OR A FACSIMILE THEREOF, BASED
 UPON INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTOGRAPHS  OR  OTHER  RECORDED
 IMAGES  PRODUCED  BY  A  SCHOOL  BUS SAFETY CAMERA, SHALL BE PRIMA FACIE
 EVIDENCE OF THE FACTS CONTAINED THEREIN.  ANY  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS  OR  OTHER  RECORDED  IMAGES EVIDENCING SUCH A VIOLATION SHALL BE
 AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE  THE  LIABILITY
 FOR SUCH VIOLATION.
   (E)  AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION OF
 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF  THIS  TITLE
 SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS.
   (E-1)  PAYMENT  OF  THE MONETARY PENALTY IMPOSED BY SUBDIVISION (E) OF
 THIS SECTION SHALL BE PAYABLE TO THE MUNICIPALITY  WHERE  THE  VIOLATION
 OCCURRED,  PROVIDED  HOWEVER, THE SCHOOL DISTRICT SHALL BE ENTITLED TO A
 PORTION OF THE MONETARY PENALTY THAT  EQUALS  THE  COST  TO  THE  SCHOOL
 DISTRICT OF PURCHASING AND MAINTAINING THE CAMERAS. NOTHING HEREIN SHALL
 PREVENT  THE MUNICIPALITY FROM ENTERING INTO A MEMORANDUM OF UNDERSTAND-
 ING WITH THE SCHOOL DISTRICT TO RETURN AN  ADDITIONAL  PORTION  OF  SUCH
 PENALTY RECEIVED TO THE SCHOOL DISTRICT.
   (F)  AN IMPOSITION OF LIABILITY UNDER 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 VEHICLE INSURANCE
 COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL  BE  SENT  BY  THE  RESPECTIVE  LAW
 ENFORCEMENT  AGENCY  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 TITLE 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 BUSINESS SHALL BE
 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
 PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
 (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF  THIS  TITLE  PURSUANT  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 CAMERA WHICH
 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE  MAY  CONTEST  THE
 LIABILITY  ALLEGED  IN  THE  NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
 IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
 ITY AND THAT A DEFAULT JUDGEMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC-
 TIVE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION  WHERE
 THE VIOLATION OCCURRED.

 A. 321--B                           4
 
   (H)  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, EXCEPT THAT
 ANY  CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE TRIBUNAL
 TO HEAR AND DETERMINE OWNER LIABILITY ESTABLISHED BY  THIS  ARTICLE  FOR
 FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU-
 NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION.
   (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED  TO  A
 POLICE  DEPARTMENT 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 TITLE 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.
   (J) WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON  OWNERS  PURSUANT
 TO  THIS  SECTION  IS  BY AN ADMINISTRATIVE TRIBUNAL, TRAFFIC VIOLATIONS
 BUREAU, OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A  LESSOR  OF  A
 VEHICLE  TO  WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVI-
 SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI-
 VISION (A)  OF  SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS  TITLE,
 PROVIDED  THAT  HE  OR SHE SENDS TO THE ADMINISTRATIVE TRIBUNAL, TRAFFIC
 VIOLATIONS BUREAU, OR 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  LEGI-
 BLE,  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
 COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER  WITH  THE  OTHER
 INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO
 SEND SUCH INFORMATION WITHIN SUCH THIRTY-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  PARAGRAPH,  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 TITLE PURSUANT TO THIS  SECTION  AND
 SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
 SECTION.
   (K) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS  TITLE 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.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
 VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE
 BEEN OVERTAKING OR PASSING A SCHOOL BUS. FOR PURPOSES OF  THIS  SUBDIVI-
 SION  THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS
 OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT  THE  TIME  SUCH
 OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS.

 A. 321--B                           5
 
   (L)  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 TITLE.
   (M)  IN  ANY  SCHOOL  DISTRICT WHICH ADOPTS A SCHOOL BUS SAFETY CAMERA
 PROGRAM PURSUANT  TO  SUBDIVISION  (A)  OF  THIS  SECTION,  SUCH  SCHOOL
 DISTRICT  SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF ITS
 SCHOOL BUS SAFETY CAMERAS TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE  SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
 THOUSAND NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN  WHICH
 THE  DEMONSTRATION  PROGRAM  IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE NUMBER OF BUSES AND ROUTES  WHERE  SCHOOL  BUS
 SAFETY CAMERAS WERE USED;
   2.  THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF SUBDIVI-
 SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE
 DISTRICTS;
   3. THE NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY  CAMERAS  IN
 THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS;
   4.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   5. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   6.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   7.  THE  TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL DISTRICT FROM
 SUCH ADJUDICATIONS;
   8. EXPENSES INCURRED BY SUCH SCHOOL DISTRICT IN  CONNECTION  WITH  THE
 PROGRAM; AND
   9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION  (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE THAT
 SUCH SCHOOL BUS SAFETY CAMERAS WERE MALFUNCTIONING AT THE  TIME  OF  THE
 ALLEGED VIOLATION.
   § 4. This act shall take effect immediately.