S T A T E O F N E W Y O R K
________________________________________________________________________
5996
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. DIAZ, GREENE, DINOWITZ, ARROYO, P. RIVERA --
Multi-Sponsored by -- M. of A. ALFANO, BARRA, MILLER, PERALTA, PERRY,
J. RIVERA -- read once and referred to the Committee on Education
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 TWELVE, AND EVERY SCHOOL BUS IN SERVICE FOR SUCH TRANSPORT
SHALL BE SO EQUIPPED NOT LATER THAN SEPTEMBER FIRST, TWO THOUSAND
FIFTEEN, PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER AFTER CONSULTATION WITH THE COMMISSIONERS OF TRANSPORTATION AND
EDUCATION. FOR THE PURPOSES OF THIS SUBDIVISION, 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.
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
MONITORING SYSTEMS IN SCHOOL BUSES AS REQUIRED PURSUANT TO SUBDIVISION
TWENTY-ONE-J OF SECTION THREE HUNDRED SEVENTY-FIVE OF THE VEHICLE AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05024-02-9
A. 5996 2
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 TWELVE, AND ALL SCHOOL BUSES IN SERVICE FOR SUCH TRANSPORT
SHALL BE SO EQUIPPED NOT LATER THAN SEPTEMBER FIRST, TWO THOUSAND
FIFTEEN.
2. ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND TEN, THE DISTRICT SHALL
CONDUCT A DEMONSTRATION PROGRAM INVOLVING NO LESS THAN FIVE PERCENT OF
EXISTING SCHOOL BUSES WHICH SHALL BE RETROFITTED IN A DEMONSTRATION
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 DEMONSTRATION
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 ELEVEN 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.
8. NOT LESS THAN TWICE EACH SCHOOL YEAR NOTIFICATIONS REGARDING ELEC-
TRONIC MONITORING MUST OCCUR, ADDRESSING THE PURPOSE AND USE OF ELEC-
A. 5996 3
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 ARTICLE, (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.