House Bill 469

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 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 THE REVENUE COLLECTED FOR INFRACTIONS DETECTED BY AUTOMATED SCHOOL BUS SAFETY CAMERAS BE REMITTED TO THE SCHOOL DISTRICT FOR PURPOSES ASSOCIATED WITH THE PURCHASE OF ADDITIONAL CAMERAS, LESS ANY ADMINISTRATIVE AND OPERATING COSTS; 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 "AN AUTOMATED SCHOOL BUS SAFETY CAMERA"; AN ACT TO AMEND SECTION 37-41-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS TO ENSURE THAT SCHOOL DISTRICTS REQUIRE ALL PASSENGERS TO WEAR SEAT BELTS WHENEVER THE BUS IS IN MOTION; TO AMEND SECTION 37-41-3, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH SCHOOL DISTRICT TO EQUIP SCHOOL BUSES WITH PROPERLY DESIGNED SEAT BELTS DURING THE 2014-2015 SCHOOL YEAR; TO REQUIRE ANY BUSES PURCHASED BY SCHOOL DISTRICTS AFTER JULY 1, 2014, TO BE EQUIPPED WITH SEAT BELTS AT THE TIME OF PURCHASE; TO AMEND SECTION 63-2-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY SCHOOL BUS THAT IS PURCHASED NEW AFTER JULY 1, 2014, AND IS USED TO TRANSPORT PUBLIC SCHOOL STUDENTS IN GRADES PREKINDERGARTEN THROUGH GRADE 12 MUST BE EQUIPPED WITH SEAT BELTS MEETING APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS; TO REQUIRE SCHOOL BUSES PURCHASED BEFORE JULY 1, 2014, WHICH ARE STILL IN SERVICE TO BE RETROFITTED WITH SEAT BELTS MEETING APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS; 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. 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 * * * ~~mount~~ 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 fourteen (14) days of the violation, or to the renter of a vehicle within fourteen (14) 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) Any revenue collected from infractions detected through the use of automated school bus safety cameras, less the administration and operating costs of the cameras, must be remitted to school districts for the purchase of additional safety cameras to be installed on school buses not equipped with safety cameras at a time determined best by the school district for installation so as not to render any school bus out of service during the regular school term, but for scheduled routine mechanical maintenance. Any remaining revenue collected from infractions detected through the use of automated school bus safety cameras shall be used by the school district to conduct a study on the feasibility and necessity of installing seatbelts on all school buses in the district. The administration and operating costs of the cameras includes infraction enforcement and processing costs that are incurred by local law enforcement or local courts.
     (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. (1) In a traffic infraction case involving an infraction detected through the use of an automated school bus safety camera under Section 63-3-615 or detected through the use of an automated school bus safety camera under Section 37-41-59, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of Section 63-3-615 and Section 37-41-59, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.
(2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

SECTION 4. Section 37-41-1, Mississippi Code of 1972, is amended as follows:

37-41-1. (1) The State Board of Education is authorized, empowered and directed to promulgate rules and regulations relating to the transportation of students enrolled in the public school districts, including rules and regulations for:

(a) Setting standards for public school district bus routes;

(b) Setting standards for public school district buses;

(d) Formulating procedure for selecting public school district bus drivers;

(e) Formulating courses of training for public school district bus drivers and mechanics, and assist in administering and financing such courses;

(f) Providing operation procedure for public school district buses to insure safety of pupils;

(g) Formulating specifications for use in purchasing public school district buses; getting bids on public school district buses; equipment and supplies; and fixing prices based upon said bids which school districts may not exceed in purchasing said equipment;

(h) Formulating specifications for use by school districts in purchasing used school buses; * * * ~~and~~

(i) Providing a system of records and reports for the purpose of carrying out the provisions of Sections 37-41-1 through 37-41-51, and providing the superintendent of schools with a sufficient supply of report forms * * *.; and

(j) Requiring seat belt usage by all passengers and drivers in public school buses equipped with seat belts.

(2) (a) All rules and regulations adopted and promulgated by the State Board of Education relating to school district bus drivers shall also be applicable to drivers of privately owned buses transporting public school district children.

(b) All rules and regulations adopted and promulgated by the State Board of Education pursuant to the authority conferred by this section shall be spread at large upon the minutes of the State Board of Education and copies thereof shall be furnished to all school boards not less than thirty (30) days prior to the effective date of such rules and regulations.

(3) The provisions of this chapter are applicable to school districts and the transportation of students enrolled in public school districts. Charter schools authorized by the Mississippi Charter School Authorizer Board are exempt from the provisions of this chapter.

SECTION 5. Section 37-41-3, Mississippi Code of 1972, is amended as follows:

37-41-3. (1) Pupils of legal school age, which shall include kindergarten pupils, and in actual attendance in the public schools who live a distance of one (1) mile or more by the nearest traveled road from the school to which they are assigned by the school district in which they are enrolled shall be entitled to transportation within the meaning of this chapter. Nothing contained in this section shall be construed to bar any child from such transportation where he or she lives less than one (1) mile and is on the regular route of travel of a school bus and space is available in such bus for such transportation. No state funds shall be paid for the transportation of children living within one (1) mile of the school, except as otherwise provided in this chapter, and such children shall not be included in transportation reports. In the development of route plans, economy shall be a prime consideration. There shall be no duplication of routes except in circumstances where it is totally unavoidable. The State Department of Education shall have authority to investigate school bus routing when there is reason to believe the provisions of this statute are being violated. The State Board of Education shall have authority to withhold transportation funds when school districts fail to correct unnecessary route duplication. Provided further, that all school districts are hereby authorized to lease or contract with any public or private individual, partnership, corporation, association, agency or other organization for the implementation of transportation of pupils as provided for in this section.

(2) The school boards may provide transportation to such crippled and physically handicapped children as may be designated by such boards, when the failure to do so would result in undue hardship, even though the children are not otherwise entitled to transportation under the provisions of this chapter. The State Department of Education shall require all school districts during the 1993-1994 school year to equip school buses with properly designed seat belts to protect such physically handicapped children, and school districts are authorized to expend funds therefor from nonminimum program or other sources.

(3) Where space is available, students attending junior colleges shall be allowed transportation on established routes in district-owned buses. However, no additional funds shall be allocated or expended for such purposes, and such persons shall not be included in transportation reports.

(4) Children enrolled in special or alternative programs approved by school boards may be provided transportation even though such children are not otherwise entitled to transportation under the provisions of this chapter. No additional funds shall be allocated or expended for such purpose, and such children shall not be included in transportation reports.

(5) The State Department of Education shall require all school districts during the 2014-2015 school year to equip school buses with properly designed seat belts to protect those children of the school district for whom transportation is provided under the requirements of this section, and any school buses purchased by school districts after July 1, 2014, shall be equipped with seat belts at the time of purchase. The school districts are authorized to expend funds for purposes of this subsection from nonadequate education program funds or other funding sources.

SECTION 6. Section 63-2-1, Mississippi Code of 1972, is amended as follows:

63-2-1. (1) When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator, every front-seat passenger and every child under seven (7) years of age who is not required to be protected by the use of a child passenger restraint device or system or a belt positioning booster seat system under the provisions of Sections 63-7-301 through 63-7-311, regardless of the seat that the child occupies, shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208.

(2) "Passenger motor vehicle" for purposes of this chapter means a motor vehicle designed to carry fifteen (15) or fewer passengers, including the driver, but does not include motorcycles, mopeds, all-terrain vehicles or trailers.

(3) This section shall not apply to:

(a) Vehicles which may be registered for "farm" use, including "implements of husbandry" as defined in Section 63-21-5(d), and "farm tractors" as defined in Section 63-3-105(a);

(b) An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons;

(c) A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty; or

(d) (i) Buses * * * .other than buses described in subparagraph (ii) or (iii);

(ii) Every school bus purchased new after July 1, 2014, that is used to transport public school students in grades prekindergarten or Kindergarten through Grade 12 must be equipped with three-point lap/shoulder belts meeting applicable federal motor vehicle safety standards. The State Board of Education shall adopt policies, guidelines, rules and regulations to ensure that school districts require all passengers, including the driver, to wear these belts whenever the bus is in motion; however, a school bus driver may not be held personally liable for the failure of passengers to wear safety belts as required by the board's rules and regulations;

(iii) Every school bus purchased before July 1, 2014, which is continued to be used in service for the transportation of public school students of compulsory school age shall, at a time determined most feasible without causing an interruption in service, be retrofitted with three-point lap/shoulder belts meeting applicable federal motor vehicle safety standards.

SECTION 7. This act shall take effect and be in force from and after July 1, 2014.