NY State Senate Bill 2017-S4916

Senate Bill S4916

2017-2018 Legislative Session

Provides for all school buses to be equipped with on-board video cameras; for policies and procedures relating to their use; and for financing their installation

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Archive: Last Bill Status - In Senate Committee Education Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to education

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2017-S4916 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3624-a, amd §§3621 & 3623-a, Ed L; amd §375, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3151
2011-2012: S286
2013-2014: S256
2015-2016: S261

2017-S4916 (ACTIVE) - Summary

Provides for all school buses to be equipped with one or more on-board video monitoring systems, for policies and procedures relating to their use, and for financing their purchase and installation as part of the apportionment of public monies for school transportation expenses.

2017-S4916 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4916

 TITLE OF BILL :

An act to amend the education law and the vehicle and traffic law, in
relation to providing for the installation and use of video monitoring
systems on school buses

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the Education Law by adding a new section 3624-a.
Provides that the Commissioner of Education (in consultation with the
Department of Transportation) shall promulgate regulations requiring
each school bus used to transport students to be equipped with a video
monitoring system. Requires districts to establish policies on the use
of such systems, linking them to the district's code of conduct and
policies on discipline and vehicle operation. Provides for
notification to students and drivers that videotaping may occur and
for storage and review of such videotape by district staff.

Section 2. Amends the Education Law, section 3621 by adding a new
subdivision 13-a. Defines "school bus video monitoring system."

Section 3. Amends the Education Law, section 3623-a(2)(c). Includes
the purchase and installation of school bus video monitoring systems
as a proper school district expense.

Section 4 Amends the Vehicle & Traffic Law, section 375 by adding a
new subdivision 21-j. Authorizes the Commissioner of Transportation to
adopt any necessary conforming regulations for the use of school bus
video monitoring systems on school buses.

Section 5. Effective Date

 EXISTING LAW :

None

 JUSTIFICATION :

Due to the increasing number of incidents occurring on our school
buses, including violent activities and actions that endanger
passengers and drivers, there is a need to provide additional measures
to permit behavior on buses to be monitored, evaluated and responded
to on a timely basis. Video monitoring will greatly assist school
districts in providing a clear understanding of conduct in such cases.

In June, 2012, a school bus monitor in the Town of Greece, NY was
verbally abused and taunted by a group of middle school students. The
episode was captured on a student's cell phone and made headline news.
Once school officials became aware of what transpired, the police were
contacted. The local school district implemented appropriate
disciplinary action against the offenders.

 PRIOR LEGISLATIVE HISTORY :

2016: S.261 - REFERRED TO EDUCATION/A.6511 - referred to education
2015: S.261 - REFERRED TO EDUCATION/A.6511 - referred to education
2014: S.256 - Referred to Education/A.24 - Referred to Education
2013: S.256 - Referred to Education/A.24 Referred to Education
2012: S.286 - Referred to Education/ A.1109 Referred to Education
2011: S.286 - Defeated in Education/A.1109 Referred to Education
2009-10: S.3151 - Referred to Education/A.8846 Referred to Education
2007-08: 5.4069 - Referred to Education
2007-08: S.4157E - Passed Senate/A.3432E - Reported Referred to Ways
and Means
 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
The 120th day after becoming law, provided that the Commissioner of
Education is authorized to promulgate implementing regulations on or
before such a date.

2017-S4916 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4916
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sens.  DIAZ, HAMILTON, LATIMER -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 AN  ACT  to  amend the education law and the vehicle and traffic law, in
   relation to providing for the installation and use of video monitoring
   systems on school buses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 3624-a
 to read as follows:
   § 3624-A. SCHOOL BUS VIDEO MONITORING SYSTEMS. 1. THE COMMISSIONER, IN
 CONSULTATION  WITH  THE COMMISSIONER OF TRANSPORTATION, SHALL PROMULGATE
 RULES AND REGULATIONS TO REQUIRE THE BOARD OF EDUCATION OR  TRUSTEES  OF
 EVERY  SCHOOL  DISTRICT IN THE STATE TO PROVIDE FOR THE INSTALLATION AND
 USE OF ONE OR MORE SCHOOL BUS VIDEO MONITORING SYSTEMS,  AS  DEFINED  IN
 SUBDIVISION  THIRTEEN-A OF SECTION THIRTY-SIX HUNDRED TWENTY-ONE OF THIS
 ARTICLE, ON EVERY SCHOOL BUS, AS DEFINED  IN  SUBDIVISION  SIX  OF  SUCH
 SECTION,  THAT  IS  PURCHASED,  LEASED,  CONTRACTED  FOR OR USED FOR THE
 TRANSPORTATION OF ENROLLED PUPILS FOR ANY REASON BY SUCH DISTRICT OR  BY
 A  SCHOOL  WITHIN  THE  DISTRICT. THE COMMISSIONER OF TRANSPORTATION, IN
 CONSULTATION WITH THE COMMISSIONER, SHALL  AMEND  THE  RULES  AND  REGU-
 LATIONS  PROMULGATED PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE
 OF THIS ARTICLE, TO REQUIRE THAT EVERY SCHOOL BUS BE EQUIPPED  WITH  ONE
 OR  MORE  SCHOOL  BUS  VIDEO  MONITORING  SYSTEMS IN ACCORDANCE WITH THE
 REQUIREMENTS OF SUBDIVISION TWENTY-ONE-J OF SECTION THREE HUNDRED SEVEN-
 TY-FIVE OF THE VEHICLE AND TRAFFIC LAW AND THIS SECTION.
   2. THE COMMISSIONER'S  RULES  AND  REGULATIONS  SHALL  REQUIRE  SCHOOL
 DISTRICTS TO PROMULGATE, COMMUNICATE AND ENFORCE POLICIES AND PROCEDURES
 TO  BE FOLLOWED WHEN USING ON-BOARD VIDEO MONITORING SYSTEMS. SUCH POLI-
 CIES AND PROCEDURES SHALL INCLUDE AT A MINIMUM, AND SHALL BE  CONSISTENT
 WITH, THE FOLLOWING REQUIREMENTS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07238-01-7

 S. 4916                             2
 
   A. VIDEO CAMERAS ON SCHOOL BUSES SHALL BE USED ONLY AS AN AID TO MONI-
 TOR  ON-BOARD  ACTIVITIES.  THESE  DEVICES  SHALL NOT REPLACE DISCIPLINE
 POLICY, THE AUTHORITY OF THE DRIVER, OR  THE  RESPONSIBILITY  OF  SCHOOL
 OFFICIALS.  THE  CODE  OF CONDUCT FOR PUPIL BEHAVIOR ON SCHOOL PROPERTY,
 ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, AS
 IT  RELATES  TO  CONDUCT ON SCHOOL BUSES, AND ALL OTHER SAFE-DRIVING AND
 SAFE-RIDING RULES, REGULATIONS, POLICIES AND PROCEDURES OF THE  DISTRICT
 OR  REQUIRED  BY LAW OR BY THE COMMISSIONER CONSISTENT WITH LAW SHALL BE
 ENFORCED ON SCHOOL BUSES WHETHER OR NOT PUPILS ARE BEING TRANSPORTED  ON
 SUCH BUSES AT THE TIME CONDUCT BY A SCHOOL BUS DRIVER OR PASSENGER WHILE
 ON-BOARD THE BUS IS OBSERVED.
   B.  ALL  PUPILS AND ALL SCHOOL BUS DRIVERS SHALL BE NOTIFIED 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 ALL ENROLLED
 PUPILS. PRIOR TO ACTUAL VIDEOTAPING, 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 SPEC-
 IFIED DISCIPLINARY CONSEQUENCES AS DEFINED IN THE ESTABLISHED DISCIPLINE
 POLICY. ACTUAL VIDEOTAPING SHALL BE BY MEANS OF SIMULTANEOUS  AUDIO  AND
 VIDEO RECORDING.
   C.  REGULAR  AND  PERIODIC  NOTIFICATIONS  REGARDING  VIDEOTAPING MUST
 OCCUR, ADDRESSING THE PURPOSE AND USE OF VIDEO EQUIPMENT  AND  THE  NEED
 FOR  PERSONAL  AWARENESS  OF SAFETY ISSUES. THESE NOTIFICATIONS SHALL BE
 MADE TO GUARD AGAINST A FALSE SENSE OF SECURITY. THE USE OF NEWSLETTERS,
 PUPIL HANDOUTS, AND NOTICES POSTED WITHIN THE BUS SHALL CONSTITUTE MEANS
 OF FULFILLING THIS REQUIREMENT.
   D. AFTER VIDEOTAPING HAS BEEN CONDUCTED, THE TAPES SHALL BE STORED  IN
 A  SECURE  LOCATION  FOR A PERIOD OF TIME DESIGNATED BY DISTRICT POLICY,
 EXCEPT THAT A SPECIFIC TAPE MAY BE REMOVED  FROM  STORAGE  FOR  PLAYBACK
 WHENEVER IT IS NEEDED IN AN ONGOING LEGAL ACTION OR PROCEEDING.
   E.  THE  BOARD OF EDUCATION OR TRUSTEES OF EVERY SCHOOL DISTRICT SHALL
 DESIGNATE ONE OR MORE PERSONNEL EMPLOYED BY THE  DISTRICT  OR  BY  EVERY
 SCHOOL WITHIN THE DISTRICT TO PERIODICALLY REVIEW VIDEOTAPES ON A RANDOM
 BASIS  TO  ENSURE  PROPER  DRIVER AND PUPIL CONDUCT. IF NO MISCONDUCT OR
 SAFETY-RELATED INCIDENTS ARE REPORTED WITHIN A  PERIOD  DEFINED  BY  THE
 POLICY OF THE DISTRICT, THE TAPES MAY BE RECYCLED FOR FUTURE USE. HOWEV-
 ER,  IF  MISCONDUCT  OR SAFETY-RELATED INCIDENTS ARE REPORTED, OR IF ANY
 SUCH INCIDENT IS VIEWED DURING THE RANDOM SELECTION PROCESS,  THE  TAPES
 SHALL  BE STORED UNTIL FINAL RESOLUTION OR UNTIL SUCH TIME AS ANY ADMIN-
 ISTRATIVE APPEAL OR LEGAL ACTION OR PROCEEDING IS CONCLUDED.
   § 2. Section 3621 of the education law is  amended  by  adding  a  new
 subdivision 13-a to read as follows:
   13-A.  SCHOOL  BUS VIDEO MONITORING SYSTEM. THE TERM "SCHOOL BUS VIDEO
 MONITORING SYSTEM" MEANS ONE OR MORE ELECTRONIC DEVICES CONSISTING OF AT
 LEAST A VIDEO CAMERA AND  MICROPHONE  AND  VIDEOTAPING  AND  AUDIOTAPING
 EQUIPMENT,  INSTALLED  ON  A  SCHOOL  BUS  AND  CAPABLE OF RECORDING THE
 CONDUCT AND MOVEMENT OF PERSONS WITHIN THE DRIVER AND PASSENGER COMPART-
 MENTS OF THE BUS.
   § 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

 S. 4916                             3
 
 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 VIDEO MONITORING SYSTEMS ON
 SCHOOL BUSES IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION  THIRTY-SIX
 HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, (VIII) the purchase and installa-
 tion  of  exterior reflective marking on school buses, [(viii)] (IX) the
 purchase of automatic engine fire extinguishing systems for school buses
 used to transport students who use wheelchairs or other assistive mobil-
 ity  devices,  and  [(ix)]  (X)  the  purchase  of  other  equipment  as
 prescribed in the regulations of the commissioner; and
   § 4. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 21-j to read as follows:
   21-J.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 TRANSPORTATION, SHALL PROMULGATE RULES AND REGULATIONS FOR  THE  USE  OF
 SCHOOL BUS VIDEO MONITORING SYSTEMS ON SCHOOL BUSES.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, provided, however, that effective immediate-
 ly,  the  addition,  amendment and/or repeal of any rules or regulations
 necessary for the implementation of the foregoing sections of  this  act
 on the effective date of this act are authorized and directed to be made
 and completed on or before such effective date.

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Senate Bill S4916

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Ruben Diaz