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.