What's happening
This bill authorizes New York State localities to use school bus stop-arm cameras to fine vehicle owners who illegally pass stopped school buses.
Why it matters
Creates a statewide framework for school districts and local governments to partner on stop-arm camera enforcement. The bill sets out the legal process for school districts and local governments (counties, cities, towns, villages) to enter into agreements enabling the installation and use of stop-arm cameras on school buses. This cooperative arrangement is essential for turning camera footage into enforceable violations.
Shifts liability and enforcement to vehicle owners, with due process protections. Rather than ticketing drivers directly, the bill holds the registered owner of the vehicle liable for violations caught on camera, unless the owner can prove the vehicle was stolen or operated without consent. There are clear procedures for contesting violations, notification requirements, and opportunities for owners to transfer liability to the actual driver (e.g., rental car lessees).
Limits use of camera footage and establishes privacy safeguards. The images and data captured can only be used for enforcing school bus stop-arm violations, not for other disciplinary or law enforcement purposes. There are requirements to avoid capturing or using unnecessary personal information, mandate destruction of data after specific periods, and restrict public disclosure of images.
Establishes fines and funding mechanisms, but excludes state aid for school districts. The bill sets escalating fines for repeat violations and allows localities to levy additional late penalties. All costs for camera installation and operation are borne by the local government, not the school district, and school districts cannot claim state reimbursement for these expenses. Fine proceeds are distributed between counties and the localities where violations occur.
Requires annual public reporting and transparency. Any locality that adopts the program must submit annual reports with statistics on violations, revenues, safety impacts, and public education efforts, promoting oversight and accountability of the program’s effectiveness and fairness.
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Who cares
Headline styles
Statewide School Bus Cameras
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A4950B
- Amended on third reading 4524b
- Advanced to third reading
- 2nd report cal.
- 1st report cal.408
- Print number 4524a
- Amend (t) and recommit to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorize School Bus Cameras
Signed by Governor · Sponsor William Magnarelli
Full text
58 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4524--B Cal. No. 408
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
Introduced by Sens. KENNEDY, KAPLAN, SANDERS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the vehicle and traffic law, in relation to school bus safety cameras and owner liability for operator illegally overtaking or passing a school bus; to amend the general municipal law, in relation to jurisdiction and procedure; to amend the public officers law, in relation to certain photographs, videotapes or other recorded images; and to amend the education law, in relation to authorizing school districts to enter into agreements for the installation and use of school bus safety cameras
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 235 of the vehicle and traffic law, as amended by section 1 of chapter 222 of the laws of 2015, is amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, [twenty-one,]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09710-08-9
S. 4524--B 2
and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such section, or to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-a. Section 235 of the vehicle and traffic law, as amended by section 1-a of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, such tribunal and the rules and
S. 4524--B 3
regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-b. Section 235 of the vehicle and traffic law, as amended by section 1-b of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eightyfive of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-c. Section 235 of the vehicle and traffic law, as amended by section 1-c of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred
S. 4524--B 4
fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-d. Section 235 of the vehicle and traffic law, as amended by section 1-d of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners for violations of subdivisions (c) and (d) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-e. Section 235 of the vehicle and traffic law, as amended by section 1-e of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, such tribunal and the rules and regulations pertaining thereto
S. 4524--B 5
shall be constituted in substantial conformance with the following sections.
§ 1-f. Section 235 of the vehicle and traffic law, as amended by section 1-f of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to school bus safety cameras and owner liability for operator illegally overtaking or passing a school bus; to amend the general municipal law, in relation to jurisdiction and procedure; to amend the public officers law, in relation to certain photographs, videotapes or other recorded images; and to amend the education law, in relation to authorizing school districts to enter into agreements for the installa- tion and use of school bus safety cameras
Purpose or general idea of bill
This legislation is intended to protect the health, safety, and welfare of schoolchildren riding school buses.
Summary of specific provisions
Sections 1 through 8-g amend provisions of Article 2-B of the Vehicle and Traffic Law (VTL) in relation to parking violations bureau adjudi- cation of notices of liability issued for the failure of motor vehicle operators to comply with VTL § 1174 (overtaking and passing stopped school buses displaying red visual signals);
Read the full memo (1,161 words)
Section 9 establishes a demonstration program authorizing counties not wholly contained with a city, cities, towns and villages to enact local laws or ordinances imposing liability on vehicle owners for the failure of motor vehicle operators to comply with VTL § 1174 (overtaking and passing stopped school buses displaying red visual signals), within parameters established by this section. The demonstration program would empower these municipalities to install and operate school bus photo violation monitoring systems (stationary or mobile), which could be installed on school buses owned or operated by the school district with- in the municipality pursuant to an agreement. All costs would be borne by the municipalities subject to the agreements;
Sections 10 through 11-f amend VTL §§ 1809 and 1809-e to exempt notices of liability issued under the school bus photo violation monitoring demonstration program from mandatory State traffic ticket surcharges;
Section 12 amends VTL § 1803 to provide for the distribution of fines and penalties collected under demonstration programs established by counties;
Sections 13 through 13-d amend General Municipal Law (GML) § 371 in relation to traffic violations bureau adjudication of notices of liabil- ity issued for the failure of motor vehicle operators to comply with VTL § 1174 (overtaking and passing stopped school buses displaying red visu- al signals);
Sections 14 and 14-a amend GML § 371(2) in relation to Nassau and Suffolk County traffic and parking violations agencies' assistance to the respective counties' district courts in the disposition and adminis- tration of liability of motor vehicle owners for operators' failure to comply with VTL § 1174 (overtaking and passing stopped school buses displaying red visual signals);
Section 15 amends Public Officers Law § 87 to exempt photographs, micro- photographs, videotape, or other recorded images prepared under the school bus photo violation monitoring demonstration program from freedom of information law disclosure;
Section 16 requires that the purchase or lease of equipment for the school bus photo violation monitoring demonstration program be subject to GML § 103 (relating to procurement requirements);
Sections 17 through 21 amend Education Law §§ 1604, 1709, 2503, 2554, and 2590-h to authorize common school districts, union free school districts, city school districts in cities with a population below 125,000, city school districts in cities with a population above 125,000, and the New York City school district to enter agreements with municipalities within such districts for the installation and use of school bus photo violation monitoring systems;
Section 22 adds a provision to the Unconsolidated Law regarding agree- ments between municipalities and school districts;
Section 23 adds a provision to the Unconsolidated Law relating to the issuance of warning notices to motor vehicle owners; and
Section 24 adds a provision to the Unconsolidated Law related to the sharing of an annual report with local law enforcement
Section 25 sets the effective date of 30 days after enactment, and a sunset after five years.
Justification
Under current law, a ticket for illegally passing a stopped school bus displaying a red visual signal can be issued only by a police officer who witnesses the violation. This bill provides for additional enforce- ment options by authorizing a demonstration program to allow local governments to impose liability on the owners of motor vehicles for the failure of the drivers of such vehicles to comply with the law prohibit- ing the overtaking and passing of stopped school buses displaying red visual signals. The program allows for the use of mobile cameras mounted on school buses, as well as stationary cameras, with the cost to be borne solely by the municipalities. Fines will start at $250 for a first offense, $275 for a second, and $300 for a third or subsequent fine within an eighteen month period.
Many efforts in New York State have already been undertaken to combat this problem, with some positive results, such as OPERATION SAFE STOP. However, the number of violations continues to be alarming. A recent one-day survey done by the NYS Association for School Pupil Transporta- tion yielded astounding results and underscores the need for this legis- lation. On May 1st, 2013, the Association found that the 236 school bus drivers in 21 school districts in New York in rural, urban and small city settings that participated in the survey reported 306 illegal pass- es including 6 "right side" passes. That represents an average of 1.28 illegal passes per school bus. That number, if extrapolated, would bring the estimated number of illegal passes in the State to over 64,000 on that date alone.
Other studies have estimated that more than 50,000 drivers throughout New York on a single school day illegally pass stopped school buses.
New York has long recognized the paramount importance of protecting school children transported on school buses, with strong laws and regu- lations governing school bus operation and safety equipment, school bus driver qualifications and training, and mandatory stops by other motor- ists. The use of school bus photo violation monitoring systems (cameras) is necessary to prevent further deaths and injuries caused by dangerous motorists who ignore current law. Several other states, including Geor- gia, Maryland, North Carolina, Iowa, Virginia, Connecticut, and Washing- ton, have enacted legislation similar to this bill in response to a growing national concern over illegal passing, or "stop arm violations." This bill will expand the enforcement tools available in New York to further address this issue, and will significantly lessen the numbers of violations that continue to compromise the health, safety and well-being of our students.
Prior legislative history
2013-2014: A.7350-A, 2015-2016: A.1520-C, 2017-18: A.321-B
Fiscal implications for state and local governments
Unknown.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law and shall expire December 1, 2024 when upon such date the provisions of this act shall be deemed repealed; provided that any such local law as may be enacted pursuant to this act shall remain in full force and effect only until December 1, 2024.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.