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

                                  1520

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI, WEPRIN, GALEF, ROBERTS, RUSSELL,
  HOOPER, CUSICK, McDONOUGH -- Multi-Sponsored by -- M.  of  A.  ARROYO,
  CLARK,  COOK,  GOTTFRIED, LUPARDO, RIVERA, SEPULVEDA, SOLAGES, THIELE,
  TITONE -- read once and referred 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;  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
OF MOTOR VEHICLES WHICH OVERTAKE OR PASS SCHOOL BUSES  IN  VIOLATION  OF
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01758-01-5
              

A. 1520                             2

  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
INSPECT SUCH IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION  (A)
OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE WAS COMMITTED. IF

A. 1520                             3

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.
  (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

A. 1520                             4

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
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:

A. 1520                             5

  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
  3. With criminal negligence, he  OR  SHE  causes  physical  injury  to
another person by means of a deadly weapon or a dangerous instrument[.];
OR

A. 1520                             6

  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.

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

                                 1520--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI, WEPRIN, GALEF, ROBERTS, RUSSELL,
  HOOPER, CUSICK, McDONOUGH, MILLER, ARROYO, GOTTFRIED,  CRESPO,  ROBIN-
  SON,  PICHARDO,  RAMOS  -- Multi-Sponsored by -- M. of A. CLARK, COOK,
  LUPARDO, McDONALD, MOSLEY, RIVERA, SEPULVEDA, SIMON, SOLAGES,  THIELE,
  TITONE -- read once and referred to the Committee on Transportation --
  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".
  S 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.
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01758-13-5
              

A. 1520--A                          2

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.    PROVIDED,
FURTHER,  THAT  AFTER  THE  EXPIRATION  OF  THEIR CURRENT TRANSPORTATION
CONTRACT, SCHOOL DISTRICTS THAT HAVE ADOPTED  SUCH  A  RESOLUTION  SHALL
INCLUDE  THE  SCHOOL  BUS  SAFETY  CAMERAS AS NECESSARY EQUIPMENT WITHIN
THEIR BID SPECIFICATIONS  OR  REQUESTS  FOR  PROPOSALS  WITH  COSTS  FOR
INSTALLATION  AND  MAINTENANCE  OF  THE CAMERAS INCLUDED IN THE CONTRACT
PRICE.  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.
  S 4. 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 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

A. 1520--A                          3

SAFETY CAMERAS; PROVIDED, THAT ANY AGREEMENT BETWEEN A SCHOOL BUS TRANS-
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  SUCH  SECTION,  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 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 PURSU-
ANT  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

A. 1520--A                          4

GRANTS  FROM  MUNICIPALITIES  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. 1520--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 SIXTEEN AND ON OR
BEFORE SUCH DATE IN EACH SUCCEEDING YEAR IN WHICH THE PROGRAM IS  OPERA-
BLE  THROUGH  SEPTEMBER  TWO  THOUSAND  TWENTY-ONE.  SUCH  REPORT  SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  1. A DESCRIPTION OF THE ROUTES WHERE SCHOOL BUS  SAFETY  CAMERAS  WERE
USED;

A. 1520--A                          6

  2.  THE  AGGREGATE  NUMBER,  TYPE  AND SEVERITY OF ACCIDENTS CAUSED BY
PASSING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR
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.
  S  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.
  S  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
  S 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

A. 1520--A                          7

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-
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.
  S 8. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (o) to read as follows:
  (O)  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 VEHICLE AND TRAFFIC LAW SHALL NOTIFY ITS RESIDENTS  THROUGH  ADOPTED
PROCEDURES  ABOUT  SUCH INSTALLATION AND OPERATION BEFORE ANY SIMPLIFIED
TRAFFIC INFORMATION ISSUED BASED ON EVIDENCE OBTAINED BY SUCH SCHOOL BUS
SAFETY CAMERAS.
  S 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, 2021.

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

                                 1520--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI, WEPRIN, GALEF, ROBERTS, RUSSELL,
  HOOPER, CUSICK, McDONOUGH, MILLER, ARROYO, GOTTFRIED,  CRESPO,  ROBIN-
  SON,  PICHARDO,  RAMOS  -- Multi-Sponsored by -- M. of A. CLARK, COOK,
  LUPARDO, McDONALD, MOSLEY, RIVERA, SEPULVEDA, SIMON, SOLAGES,  THIELE,
  TITONE -- read once and referred to the Committee on Transportation --
  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 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".
  S 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.
  S 3. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 21-j to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01758-15-5
              

A. 1520--B                          2

  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.
  S 4. 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 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-
PORTATION CONTRACTOR AND A PRIVATE CAMERA VENDOR SHALL STIPULATE THAT  A
SCHOOL  BUS  TRANSPORTATION  CONTRACTOR  SHALL ONLY BE ALLOWED TO RECOUP

A. 1520--B                          3

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  SUCH  SECTION,  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 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 PURSU-
ANT  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  MUNICIPALITIES  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

A. 1520--B                          4

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
INFORMATION SHALL ALSO CONTAIN A WARNING TO ADVISE THE  PERSONS  CHARGED
THAT  FAILURE  TO ANSWER IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED

A. 1520--B                          5

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 SIXTEEN AND ON OR
BEFORE SUCH DATE IN EACH SUCCEEDING YEAR IN WHICH THE PROGRAM IS  OPERA-
BLE  THROUGH  SEPTEMBER  TWO  THOUSAND  TWENTY-ONE.  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. 1520--B                          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.
  S  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.
  S  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
  S 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. 1520--B                          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.
  S 8. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (o) to read as follows:
  (O)  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 VEHICLE AND TRAFFIC LAW SHALL NOTIFY ITS RESIDENTS  THROUGH  ADOPTED
PROCEDURES  ABOUT  SUCH INSTALLATION AND OPERATION BEFORE ANY SIMPLIFIED
TRAFFIC INFORMATION ISSUED BASED ON EVIDENCE OBTAINED BY SUCH SCHOOL BUS
SAFETY CAMERAS.
  S 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, 2021.