Bill Text: MS HB468 | 2014 | Regular Session | Introduced
Bill Title: School bus violations; require portion of fines to be used to purchase and install automated school bus safety cameras.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB468 Detail]
Download: Mississippi-2014-HB468-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education; Appropriations
By: Representative Miles
House Bill 468
AN ACT TO AMEND SECTION 63-3-615, MISSISSIPPI CODE OF 1972, TO REQUIRE EVERY SCHOOL BUS DRIVER WHO OBSERVES A VIOLATION OF A DRIVER OVERTAKING A STOPPED SCHOOL BUS TO RECORD THE DESCRIPTION OF THE VEHICLE, LICENSE NUMBER OF THE VEHICLE AND THE TIME AND PLACE OF THE OCCURRENCE TO BE REPORTED TO THE LOCAL LAW ENFORCEMENT AGENCY WITHIN FIFTEEN DAYS OF THE VIOLATION'S OCCURRENCE; TO REQUIRE THE LOCAL LAW ENFORCEMENT AGENCY TO MAIL NOTICE OF THE INFRACTION TO THE REGISTERED OWNER OF THE VEHICLE WITHIN FIFTEEN DAYS OF RECEIPT OF THE REPORT; TO PRESCRIBE WHAT INFORMATION MUST BE INCLUDED IN THE CITATION MAILED TO THE REGISTERED OWNER OF THE MOTOR VEHICLE; TO PERMIT THE USE OF RECORDED IMAGES AS EVIDENCE TO PROVE A MOTOR VEHICLE WAS OPERATED IN VIOLATION OF THIS SECTION; TO ESTABLISH WHAT ACTIONS AND MATERIALS SHALL SERVE AS PRIMA FACIE EVIDENCE AND THE MANNER IN WHICH SUCH EVIDENCE MAY BE REBUTTED; TO PROVIDE AN EXEMPTION FROM THE REPORTING REQUIREMENT TO SCHOOL BUS DRIVERS OPERATING SCHOOL BUSES EQUIPPED WITH AUTOMATED SCHOOL BUS SAFETY CAMERAS; TO AMEND SECTION 37-41-59, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SCHOOL DISTRICTS TO INSTALL AND OPERATE AUTOMATED SCHOOL BUS SAFETY CAMERAS ON SCHOOL BUSES TO BE USED FOR DETECTING VIOLATIONS OF DRIVERS OVERTAKING A STOPPED SCHOOL BUS, PROVIDED THE USE OF SUCH CAMERAS IS APPROVED BY THE LOCAL SCHOOL BOARD; TO PROVIDE THAT SCHOOL DISTRICTS ARE NOT REQUIRED TO TAKE SCHOOL BUSES OUT OF SERVICE FOR THE INSTALLATION OF CAMERAS; TO PROVIDE THAT SCHOOL DISTRICTS SHALL BE HELD HARMLESS FROM ANY CRIMINAL OR CIVIL LIABILITY ARISING UNDER THE USE OF CAMERAS; TO STIPULATE THAT THE AUTOMATED SCHOOL BUS SAFETY CAMERAS MAY ONLY TAKE PICTURES OF THE VEHICLE AND VEHICLE LICENSE PLATE AND ONLY WHILE AN INFRACTION IS OCCURRING; TO PRESCRIBE THE TIME FOR WHICH NOTICE OF INFRACTION MUST BE MAILED TO THE REGISTERED OWNER OF THE VEHICLE IF THE INFRACTION IS RECORDED ON AN AUTOMATED SCHOOL BUS SAFETY CAMERA; TO PROVIDE THAT THE RECORDING TAKEN BY AN AUTOMATED SCHOOL BUS SAFETY CAMERA IS NOT A PUBLIC RECORD AND MAY NOT BE USED IN COURT IN A PENDING ACTION OR PROCEEDING UNLESS SUCH COURT ACTION RELATES TO THE VIOLATION OF OVERTAKING A STOPPED SCHOOL BUS; TO REQUIRE SCHOOL DISTRICTS WHICH INSTALL AND OPERATE AUTOMATED SCHOOL BUS SAFETY CAMERAS TO COMPENSATE THE MANUFACTURER OR VENDOR OF THE EQUIPMENT BASED ONLY ON VALUE OF THE EQUIPMENT AND SERVICES PROVIDED IN SUPPORT OF OPERATING AND MAINTAINING THE SYSTEM; TO REQUIRE ANY REPAIR, REPLACEMENT OR ADMINISTRATIVE WORKS COST ASSOCIATED WITH THE INSTALLATION AND OPERATION OF THE CAMERAS TO BE PAID FOR SOLELY BY THE MANUFACTURER OR VENDOR; TO REQUIRE SCHOOL DISTRICTS TO ADHERE TO PUBLIC PURCHASE BID LAW REQUIREMENTS BEFORE CONTRACTING WITH A MANUFACTURER OR VENDOR OF THE EQUIPMENT; TO REQUIRE THAT A CERTAIN PORTION OF THE REVENUE COLLECTED FOR INFRACTIONS DETECTED BY AUTOMATED SCHOOL BUS SAFETY CAMERAS BE REMITTED TO THE STATE DEPARTMENT OF EDUCATION FOR DEPOSIT IN THE SCHOOL BUS SAFETY FUND FOR PURPOSES ASSOCIATED WITH THE PURCHASE OF CAMERAS; TO PRESCRIBE THE MANNER IN WHICH CITATIONS FOR VIOLATIONS OF THIS ACT ARE TO BE ADDRESSED WHEN THE VEHICLE IS DETERMINED TO BE A RENTAL VEHICLE; TO DEFINE THE TERM "AUTOMATED SCHOOL BUS SAFETY CAMERA"; TO CREATE THE SCHOOL BUS SAFETY FUND AS A SPECIAL FUND IN THE STATE TREASURY TO BE ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF ALLOCATING FUNDS TO SELECTED DISTRICTS FOR THE INSTALLATION OF AUTOMATED SCHOOL BUS SAFETY CAMERAS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-3-615, Mississippi Code of 1972, is amended as follows:
63-3-615. (1) (a) The driver of a vehicle upon a street or highway upon meeting or overtaking any school bus that has stopped on the street or highway for the purpose of receiving or discharging any school children shall come to a complete stop at least ten (10) feet from the school bus before reaching the school bus when there is in operation on the school bus the flashing red lights provided in Section 63-7-23, or when a retractable, hand-operated stop sign is extended; the driver shall not proceed until the children have crossed the street or highway and the school bus has resumed motion or the flashing red lights are no longer actuated and the hand-operated stop sign is retracted.
(b) The driver of a vehicle upon a highway that has four (4) lanes or more, whether or not there is a median or turn lane, need not stop upon meeting or passing a school bus that is on a different roadway or when upon a controlled-access highway if the school bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
(2) (a) Except as provided in paragraph (b), any person violating the provisions of subsection (1) of this section shall be guilty of a misdemeanor and upon a first conviction thereof shall be fined not less than Three Hundred Fifty Dollars ($350.00) nor more than Seven Hundred Fifty Dollars ($750.00), or imprisoned for not more than one (1) year, or both. For a second or subsequent offense, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Seven Hundred Fifty Dollars ($750.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), or imprisoned for not more than one (1) year, or both. One Hundred Dollars ($100.00) of each fine collected shall be deposited into the School Bus Safety Fund established under Section 3 of this act. In addition, the Commissioner of Public Safety or his duly authorized designee, after conviction for a second or subsequent offense and upon receipt of the court abstract, shall suspend the driver's license and driving privileges of the person for a period of ninety (90) days.
(b) A conviction under this section for a violation resulting in any injury to a child who is in the process of boarding or exiting a school bus shall be a violation of Section 97-3-7, and a violator shall be punished under subsection (2) of that section.
(3) This section shall be applicable only in the event the school bus shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than four (4) inches in height.
(4) If the driver of any vehicle is witnessed by a law enforcement officer or the driver of a school bus to have violated this section and the identity of the driver of the vehicle is not otherwise apparent, it shall be a rebuttable inference that the person in whose name the vehicle is registered committed the violation. If charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners. If the vehicle that is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the inference of guilt by providing the law enforcement officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.
(5) Every school bus driver who observes a violation of subsection (1) of this section is authorized and directed to record specifically the vehicle description, license number of the offending vehicle and the time and place of occurrence on forms furnished by the Department of Public Safety. The report shall be submitted within fifteen (15) days of the occurrence of the violation to the local law enforcement agency that has enforcement jurisdiction where the alleged offense occurred. The local law enforcement agency then shall have fifteen (15) days after receipt of the report to mail a notice of infraction to the registered owner of the vehicle.
(6) Whether a violation of this section is recorded manually by the school bus driver as authorized under subsection (5) of this section or by an automated school bus safety camera authorized under Section 37-41-59, the law enforcement agency authorized to enforce the provisions of this act shall send by regular mail, addressed to the owner of the motor vehicle, postmarked not later than the statutory period prescribed under this section or Section 37-41-59, the following:
(a) A citation for the alleged violation, which shall
include the date and time of the violation, the location of the infraction, the
amount of the monetary penalty imposed, and the date by which the monetary
penalty shall be paid;
(b) An image taken from
the recorded image showing the vehicle involved in the infraction, if taken by
an automated school bus safety camera;
(c) A copy of a
certificate sworn to or affirmed by a certified peace officer employed by a law
enforcement agency authorized to enforce the provisions of this act and stating
that, based upon inspection of recorded images, the owner's motor vehicle was
operated in disregard or disobedience of subsection (1) of this section and
that such disregard or disobedience was not otherwise authorized by law;
(d) A statement of the inference provided by subsection (4)
of this section and of the means specified therein by which such inference may
be rebutted;
(e) Information advising the owner of the motor vehicle of
the manner and time in which liability as alleged in the citation may be
contested in court; and
(f) A warning that failure to pay the monetary penalty or to
contest liability in a timely manner shall waive any right to contest liability
and result in a monetary penalty.
(7)
Proof that a motor vehicle was operated in disregard or disobedience of
subsection (1) of this section may be evidenced by recorded images. A copy of
a certificate sworn to or affirmed by a certified peace officer employed by a
law enforcement agency and stating that, based upon inspection of recorded
images, a motor vehicle was operated in disregard or disobedience of subsection
(1) of this section and that such disregard or disobedience was not otherwise
authorized by law shall be prima facie evidence of the facts contained therein;
and
(8) Liability under this subsection shall be determined based upon
preponderance of the evidence. Prima facie evidence that the vehicle described
in the citation issued pursuant to this subsection was operated in violation of
subsection (1) of this section, together with proof that the defendant was at
the time of such violation the registered owner of the vehicle, shall permit
the trier of fact in its discretion to infer that such owner of the vehicle was
the driver of the vehicle at the time of the alleged violation. Such an
inference may be rebutted if the owner of the vehicle:
(a) Testifies under oath in open court or submits to the
court a sworn notarized statement that he or she was not the operator of the
vehicle at the time of the alleged violation and identifies the name of the
operator of the vehicle at the time of the alleged violation; or
(b) Presents to the court a certified copy of a police report
showing that the vehicle had been reported to the police as stolen prior to the
time of the alleged violation.
(9) Any school bus driver operating a vehicle equipped with an activated video recording device shall be exempt from the recording provisions of subsection (5) of this section.
SECTION 2. Section 37-41-59, Mississippi Code of 1972, is amended as follows:
37-41-59. (1) (a)
Every school district is authorized to * * * install and operate automated
school bus safety cameras on any retractable, hand-operated
stop sign that is a part of the equipment of a school bus to be used for the
detection of violations of Section 63-3-615 if the use of the cameras are
approved by a vote of the local school board. School districts are not
required to take school buses out of service if the buses are not equipped with
automated school bus safety cameras or functional automated safety cameras.
Further, school districts shall be held harmless from and not liable for any
criminal or civil liability arising under the provisions of this section.
(b) Automated
school bus safety cameras may only take pictures of the vehicle and vehicle
license plate and only while an infraction is occurring. The picture must not
reveal the face of the driver or of passengers in the vehicle.
(c) Except as otherwise provided in Section 63-3-615(5), a
notice of infraction must be mailed to the registered owner of the vehicle
within fifteen (15) days of the violation, or to the renter of a vehicle within
fifteen (15) days of establishing the renter's name and address under
subsection (2)(a)(i) of this section. The law enforcement officer issuing the
notice of infraction shall include a certificate or facsimile of the notice,
based upon inspection of photographs, microphotographs, or electronic images
produced by an automated school bus safety camera, stating the facts supporting
the notice of infraction. This certificate or facsimile is prima facie
evidence of the facts contained in it and is admissible in a proceeding
charging a violation under this chapter. The photographs, microphotographs, or
electronic images evidencing the violation must be available for inspection and
admission into evidence in a proceeding to adjudicate the liability for the
infraction. A person receiving a notice of infraction based on evidence
detected by an automated school bus safety camera may respond to the notice by
mail.
(d) The registered owner of a vehicle is responsible for an
infraction unless the registered owner overcomes the presumption in Section 63-3-615(8)
or Section 3 of this act, or, in the case of a rental car business, satisfies
the conditions under subsection (2) of this section. If appropriate under the
circumstances, a renter identified under subsection (2)(a)(i) of this section
is responsible for an infraction.
(e) Notwithstanding any other provision of law, all
photographs, microphotographs, or electronic images prepared under this section
are for the exclusive use of law enforcement in the discharge of duties under
this section and are not open to the public and may not be used in a court in a
pending action or proceeding unless the action or proceeding relates to a
violation under this section or Section 63-3-615. No photograph,
microphotograph, or electronic image may be used for any purpose other than
enforcement of violations under this section nor retained longer than necessary
to enforce this section.
(f) If a school district installs and operates an automated
school bus safety camera under this section, the compensation paid to the
manufacturer or vendor of the equipment used must be based only upon the value
of the equipment and services provided or rendered in support of the system,
and may not be based upon a portion of the fine or civil penalty imposed or the
revenue generated by the equipment. Further, any repair, replacement, or
administrative work costs related to installing or repairing automated school
bus safety cameras must be paid for solely by the manufacturer or vendor of the
cameras. Before entering into a contract with the manufacturer or vendor of
the equipment used under this subsection, the school district must follow the
competitive bid process as outlined in Section 31-7-13.
(g) One Hundred Dollars ($100.00) of any revenue collected
from infractions detected through the use of automated school bus safety
cameras shall be remitted to the State Department of Education for deposit in
the School Bus Safety Fund, established in Section 3 of this act, for the
purchase of safety cameras to be installed on school buses not equipped with safety
cameras in certain school districts at the discretion of the department for
installation so as not to render any school bus in selected districts out of
service during the regular school term, but for scheduled routine mechanical
maintenance.
(2) (a) If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of infraction is
issued under this section, provide a written notice to the rental car business
that a notice of infraction may be issued to the rental car business if the
rental car business does not, within eighteen (18) days of receiving the
written notice, provide to the issuing agency by return mail:
(i) A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the
infraction occurred;
(ii) A statement under oath that the business is unable
to determine who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction. A
statement provided under this subparagraph must be accompanied by a copy of a
filed police report regarding the vehicle theft; or
(iii) In lieu of identifying the vehicle operator, the
rental car business may pay the applicable penalty.
(b) Timely mailing of a statement under this subsection to
the issuing law enforcement agency relieves a rental car business of any
liability under this chapter for the notice of infraction.
(3) For purposes of this section, "automated school bus
safety camera" means a device that is affixed to a school bus that is
synchronized to automatically record one or more sequenced photographs,
microphotographs, or electronic images of the rear of a vehicle at the time the
vehicle is detected for an infraction identified in Section 63-3-615.
SECTION 3. There is created in the State Treasury a special fund to be designated as the "School Bus Safety Fund." The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited therein from a portion of fines collected for violations of Section 63-3-615. The fund shall be administered by the State Department of Education, which shall allocate funds to those school districts in the state, selected at the department's discretion, which have high incidences of school bus safety violations, for the purposes of installing automated school bus safety cameras on school buses in those select school districts.
SECTION 4. This act shall take effect and be in force from and after July 1, 2014.
