senate Bill S1745A

Requires electronic monitoring systems on school buses in the city of New York

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 09 / Jan / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 09 / Jan / 2012
    • PRINT NUMBER 1745A

Summary

Requires monitoring systems on school buses in the city of New York; requires retrofitting, notification and record keeping.

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Bill Details

Versions:
S1745
S1745A
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §375, V & T L; add §3624-a, amd §3623-a, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S2583

Sponsor Memo

BILL NUMBER:S1745A

TITLE OF BILL:

An act
to amend the vehicle and traffic law and the education law, in relation
to electronic monitoring
equipment on school buses in the city of New York

SUMMARY OF PROVISIONS:

Section 1 amends section 375 of the vehicle and traffic law by
inserting a new subdivision 21(j) to require that every new school bus
purchased for transportation of seven or more passengers in New York
City on or after September first, two thousand eleven, be equipped
with a school bus electronic monitoring system, by which is meant one
or more electronic devices capable of recording the speed, sound,
conduct and movement of persons within the driver and passenger
compartments of the bus.
Such system may also include one or more devices designed to simulate
the appearance of an operable video camera or other device. Every
existing bus would have to meet the requirements by 2018.

Section 2 amends the education law by adding new section 3624, to
require the Education Commissioner in consultation with the
commissioner of DOT and DMV to promulgate regulations concerning the
equipping, placement, installation, and use of school bus electronic
monitoring systems in school buses in New York City, consistent with
the following:

1. All New York City school buses shall be equipped with school bus
electronic monitoring systems, that will accomplish the purpose in
the most effective and least costly manner.

2. All new buses shall be equipped by September first, 2015.

3. All buses in service shall be equipped by September 1, 2018 (i.e.,
will be given a three-year transition window).

4. The district is to conduct a demonstration program in September 1,
2013-September 1, 2014, involving 5% of buses in service to determine
the most effective and least costly means of accomplishing the goal,
and report to the commissioner, the governor and the legislature on
the demonstration program.

5. The system is to be used only as an aid to monitor on-board
activities.

6. Records must be stored in a secure location for a period of time
designated by the commissioner, but not for less than go days, unless
there is a report of an incident, in which case the records shall be
kept for a period determined by the commissioner.

7. The records are to be reviewed only by designated personnel
pursuant to an incident report and on a regular basis using random
selection criteria, in order to ensure proper driver and pupil conduct.


8. The commissioner is authorized to waive any provision of the system
with respect to the district on a determination that the requirement
is impracticable, or financially or physically burdensome and
ineffective, or if the district proposes and the commissioner accepts
an alternate means of achieving the goal.

9. All pupils and all school bus drivers are to be notified by signs
and any other means prescribed by the commissioner that they are
subject to being videotaped on a school bus at any time, and parents
are to be notified. Drivers, parents and pupils shall be advised what
driver conduct and what pupil conduct is prohibited by the state and
by the district and that such conduct will result in specified
disciplinary consequences as defined in the established discipline
policy.

10. At least twice each school year notifications regarding electronic
monitoring must occur, addressing the purpose and use of electronic
equipment and the need for personal awareness of safety issues,
through newsletters, pupil handouts, and notices posted within the
bus, etc.

11. Records are to remain confidential and shall be used only for the
purpose of disciplinary and enforcement proceedings.

Section 3 amends paragraph c of subdivision 2 of section 3623-a of the
education law, to allow the equipping of school buses to be State
aidable.

JUSTIFICATION:

This legislation is the result of a series of shocking revelations
uncovered by the New York Daily News of sex abuse and violence taking
place on school buses. In 2006, 55,000 school buses transported 2.3
million children daily in New York State. School buses carry the
world's most precious cargo, and we need to ensure that they provide
a safe and secure environment for our kids. New Yorkers place more
than 2 million children on the school bus each morning, and everyone
of these kids should be able to arrive safely at their destination.
By placing cameras on buses and requiring background checks for
school bus attendants, we can help keep our kids safe and provide
parents across the State with greater peace of mind. When a parent
places their child on a school bus each morning, they should be
secure in the knowledge that their child will return home safely and
free from harm.

PRIOR LEGISLATIVE HISTORY:
2007-08: S.4157E - Referred to Transportation, Local Fiscal Impact
Note, passed Senate
2009-10: S.2583 - Referred to Transportation

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
130 days after it becomes law.


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

                                 1745--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  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 electronic monitoring equipment on  school  buses  in  the
  city of New York

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

  Section 1. Section 375 of the vehicle and traffic law  is  amended  by
adding a new subdivision 21-j to read as follows:
  21-J. EVERY NEW SCHOOL BUS USED TO TRANSPORT SEVEN OR MORE CHILDREN IN
A CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL BE EQUIPPED WITH A
SCHOOL  BUS  ELECTRONIC  MONITORING SYSTEM ON AND AFTER SEPTEMBER FIRST,
TWO THOUSAND FIFTEEN, AND EVERY SCHOOL BUS IN SERVICE FOR SUCH TRANSPORT
SHALL BE SO EQUIPPED NOT LATER THAN SEPTEMBER FIRST, TWO THOUSAND  EIGH-
TEEN,  PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER
AFTER CONSULTATION WITH THE COMMISSIONERS OF TRANSPORTATION  AND  EDUCA-
TION.   FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "SCHOOL BUS ELEC-
TRONIC MONITORING SYSTEM" MEANS ONE OR MORE ELECTRONIC  DEVICES  CAPABLE
OF  RECORDING  THE  SPEED, SOUND, CONDUCT AND MOVEMENT OF PERSONS WITHIN
THE DRIVER AND PASSENGER COMPARTMENTS OF THE BUS.  SUCH SYSTEM MAY  ALSO
INCLUDE  ONE  OR  MORE DEVICES DESIGNED TO SIMULATE THE APPEARANCE OF AN
OPERABLE VIDEO CAMERA OR OTHER DEVICE.
  S 2. The education law is amended by adding a new  section  3624-a  to
read as follows:
  S  3624-A. SCHOOL BUS ELECTRONIC MONITORING SYSTEMS. THE COMMISSIONER,
IN CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION AND THE  COMMIS-
SIONER  OF  MOTOR  VEHICLES, SHALL PROMULGATE REGULATIONS CONCERNING THE
EQUIPPING, PLACEMENT, INSTALLATION, AND USE  OF  SCHOOL  BUS  ELECTRONIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05061-02-2

S. 1745--A                          2

MONITORING  SYSTEMS  IN SCHOOL BUSES AS REQUIRED PURSUANT TO SUBDIVISION
TWENTY-ONE-J OF SECTION THREE HUNDRED SEVENTY-FIVE OF  THE  VEHICLE  AND
TRAFFIC  LAW.    FOR  THE PURPOSES OF THIS SECTION, THE TERM "SCHOOL BUS
ELECTRONIC MONITORING SYSTEM" MEANS ONE OR MORE ELECTRONIC DEVICES CAPA-
BLE OF RECORDING THE SPEED, SOUND, CONDUCT AND MOVEMENT OF PERSONS WITH-
IN  THE  DRIVER  AND PASSENGER COMPARTMENTS OF THE BUS.  SUCH SYSTEM MAY
ALSO INCLUDE ONE OR MORE DEVICES DESIGNED TO SIMULATE THE APPEARANCE  OF
AN  OPERABLE VIDEO CAMERA OR OTHER DEVICE.  SUCH REGULATIONS SHALL APPLY
TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AND SHALL REQUIRE OR
BE CONSISTENT WITH THE FOLLOWING:
  1. ALL SCHOOL BUSES SHALL BE EQUIPPED WITH SCHOOL BUS ELECTRONIC MONI-
TORING SYSTEMS, THAT WILL ACCOMPLISH THE  PURPOSE  AND  INTENT  OF  THIS
SECTION  IN  THE MOST EFFECTIVE AND LEAST COSTLY MANNER, AS FOLLOWS: ALL
NEW SCHOOL BUSES SHALL BE SO EQUIPPED ON AND AFTER SEPTEMBER FIRST,  TWO
THOUSAND  FIFTEEN,  AND  ALL  SCHOOL BUSES IN SERVICE FOR SUCH TRANSPORT
SHALL BE SO EQUIPPED NOT LATER THAN SEPTEMBER FIRST, TWO THOUSAND  EIGH-
TEEN.
  2.  ON  AND AFTER SEPTEMBER FIRST, TWO THOUSAND THIRTEEN, THE DISTRICT
SHALL CONDUCT A  DEMONSTRATION  PROGRAM  INVOLVING  NO  LESS  THAN  FIVE
PERCENT  OF EXISTING SCHOOL BUSES WHICH SHALL BE RETROFITTED IN A DEMON-
STRATION PROJECT CONDUCTED FOR  THE  PURPOSE  OF  DETERMINING  THE  MOST
EFFECTIVE AND LEAST COSTLY MEANS OF ACCOMPLISHING THE PURPOSE AND INTENT
OF  THIS  SECTION.  INSOFAR  AS  PRACTICABLE,  BUSES USED FOR THE DEMON-
STRATION PROGRAM SHALL BE SPREAD OVER CONTRACTORS IN THE SAME  RATIO  AS
BUSES  OPERATED  BY  SUCH  CONTRACTORS HAVE OF THE TOTAL NUMBER OF BUSES
USED BY THE DISTRICT FOR THE SYSTEM.  THE SCHOOL DISTRICT  SHALL  REPORT
ON  THE RESULTS OF THE PLAN BY SEPTEMBER FIRST, TWO THOUSAND FOURTEEN TO
THE COMMISSIONER, THE GOVERNOR AND THE LEGISLATURE.
  3. SCHOOL BUS ELECTRONIC MONITORING SYSTEMS ON SCHOOL BUSES  SHALL  BE
USED ONLY AS AN AID TO MONITOR ON-BOARD ACTIVITIES.
  4.  RECORDS  CREATED  BY  THE SCHOOL BUS ELECTRONIC MONITORING SYSTEMS
SHALL BE STORED IN A SECURE LOCATION FOR A PERIOD OF TIME DESIGNATED  BY
THE  COMMISSIONER,  BUT  NOT  FOR A PERIOD LESS THAN NINETY DAYS, UNLESS
THERE IS A REPORT OF AN INCIDENT, IN WHICH CASE THE  RECORDS  PERTAINING
TO  SUCH  INCIDENT  SHALL  BE  KEPT FOR A PERIOD TO BE DETERMINED BY THE
COMMISSIONER.
  5. SUCH RECORDS SHALL BE REVIEWED BY DESIGNATED PERSONNEL PURSUANT  TO
AN  INCIDENT REPORT AND ON A REGULAR BASIS USING RANDOM SELECTION CRITE-
RIA, IN ORDER TO ENSURE PROPER DRIVER AND PUPIL CONDUCT.
  6. ANY OTHER PROVISION OF THIS SECTION OR OF SUBDIVISION  TWENTY-ONE-J
OF  SECTION  THREE  HUNDRED  SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW
NOTWITHSTANDING, THE COMMISSIONER IS AUTHORIZED TO WAIVE  ANY  PROVISION
OF  THE  SCHOOL BUS ELECTRONIC MONITORING SYSTEM REQUIREMENT ESTABLISHED
PURSUANT TO SUCH SUBDIVISION WITH RESPECT TO THE DISTRICT IF THE COMMIS-
SIONER DETERMINES THAT THE REQUIREMENT IS IMPRACTICABLE, OR THAT  IT  IS
FINANCIALLY OR PHYSICALLY BURDENSOME AND INEFFECTIVE WITH RESPECT TO THE
GOAL, OR IF THE DISTRICT PROPOSES AND THE COMMISSIONER ACCEPTS AN ALTER-
NATE MEANS OF ACHIEVING THE SAME GOAL.
  7. ALL PUPILS AND ALL SCHOOL BUS DRIVERS SHALL BE NOTIFIED BY MEANS OF
SIGNAGE  AND BY ANY OTHER MEANS PRESCRIBED BY THE COMMISSIONER THAT THEY
ARE SUBJECT TO BEING VIDEOTAPED ON  A  SCHOOL  BUS  AT  ANY  TIME.  SUCH
NOTIFICATION  SHALL  BE  MADE  BY  THE  SCHOOL TO THE PARENTS OF PUPILS.
DRIVERS, PARENTS AND PUPILS SHALL BE ADVISED  WHAT  DRIVER  CONDUCT  AND
WHAT  PUPIL  CONDUCT  IS PROHIBITED BY THE STATE AND BY THE DISTRICT AND
THAT SUCH CONDUCT WILL RESULT IN SPECIFIED DISCIPLINARY CONSEQUENCES  AS
DEFINED IN THE ESTABLISHED DISCIPLINE POLICY.

S. 1745--A                          3

  8.  NOT LESS THAN TWICE EACH SCHOOL YEAR NOTIFICATIONS REGARDING ELEC-
TRONIC MONITORING MUST OCCUR, ADDRESSING THE PURPOSE AND  USE  OF  ELEC-
TRONIC  EQUIPMENT  AND THE NEED FOR PERSONAL AWARENESS OF SAFETY ISSUES.
THE USE OF NEWSLETTERS, PUPIL HANDOUTS, AND NOTICES  POSTED  WITHIN  THE
BUS MAY CONSTITUTE MEANS OF FULFILLING THIS REQUIREMENT.
  9.  RECORDS  UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE
USED ONLY FOR THE PURPOSE OF DISCIPLINARY AND ENFORCEMENT PROCEEDINGS.
  S 3. 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 SCHOOL BUS ELECTRONIC MONITORING SYSTEMS ON
SCHOOL BUSES AND BACKUP AND STORAGE SYSTEMS REQUIRED TO MAINTAIN RECORDS
IN ACCORDANCE WITH THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED  TWENTY-
FOUR-A  OF  THIS  PART, (VIII) the purchase and installation of exterior
reflective marking on school buses, [(viii)] (IX) the purchase of  auto-
matic  engine fire extinguishing systems for school buses used to trans-
port students who use wheelchairs or other assistive  mobility  devices,
and  [(ix)]  (X)  the  purchase  of other equipment as prescribed in the
regulations of the commissioner; and
  S 4. This act shall take effect on the one hundred thirtieth day after
it shall have become a law.

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