New Jersey-2014-A2338-Introduced

An Act concerning the establishment of a pilot program to enhance school bus passenger safety and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Motorists who illegally pass a school bus that is stopped to pick up or discharge children dramatically increase the likelihood of accidents that endanger the safety and well-being of bus riding children. The installation and use of a school bus monitoring system, which complements the efforts of local law enforcement, could serve as an effective public safety tool.

b. The Legislature, therefore, further finds that:

It is altogether fitting and proper, and within the public interest, to establish a pilot program, in which municipalities and school districts which operate or provide Type I or Type II school buses to transport students to contract with a private vendor to provide for the installation, operation, and maintenance of school bus monitoring systems on school buses to assist in the enforcement of section 1 of P.L.1942, c.192 (C.39:4-128.1).

2. As used in this act:

"Recorded image" means a digital image recorded by a school bus monitoring system.

"School bus monitoring system" means a system with one or more cameras and computers that produces digital and recorded video images of motor vehicles being operated in violation of section 1 of P.L.1942, c.192 (C.39:4-128.1) and capable of producing:

a. High resolution color digital recorded images that show:

(1) the school bus displaying a flashing red light as required under section 1 of P.L.1942, c.192 (C.39:4-128.1);

(2) a motor vehicle unlawfully passing the school bus while it is exhibiting a flashing red light in violation of section 1 of P.L.1942, c.192 (C.39:4-128.1);

(3) a portion of the rear of the motor vehicle unlawfully passing the school bus in violation of section 1 of P.L.1942, c.192 (C.39:4-128.1) sufficient to clearly reveal the vehicle's license plate and the make and model of the vehicle; and

(4) the date, time and location of the violation.

b. A video recording of the violation that shows the violation occurring.

A digital analog or camera system may be used as part of a school bus monitoring system provided the violation images are captured by such camera system, or a multiple camera system, producing a recorded color image of the following:

(1) the school bus exhibiting a flashing red light or an electronic indicator that the red lights have been activated, noted along the bottom edge of the image;

(2) the violating motor vehicle;

(3) the vehicle's license plate, make, and model;

(4) the day, month, and year of the violation; and

(5) the time of the violation in hours and minutes.

"Summons" means a citation alleging a violation of section 1 of P.L.1942, c.192 (C.39:4-128.1).

3. The Chief Administrator of the Motor Vehicle Commission, in consultation with the Commissioner of Education and the Superintendent of State Police, shall establish a five-year pilot program in which a municipality or school district which owns and operates, or otherwise provides, Type I or Type II school buses to transport students may contract with a private vendor to provide for the installation, operation, and maintenance of school bus monitoring systems on those school buses to assist in the enforcement of section 1 of P.L. 1942, c.192 (C.39:4-128.1).

4. a. Alleged violations of section 1 of P.L.1942, c.192 (C.39:4-128.1) captured by a school bus monitoring system, and displaying all the elements required under the provisions of section 2 of this act, shall be compiled into an evidence file and forwarded to the chief law enforcement officer of the municipality in which the alleged violation occurred.

The chief law enforcement officer shall assign a law enforcement official of the municipality to review the recorded images produced by the school bus monitoring system. In conducting the review, the law enforcement official shall determine whether there is sufficient evidence to conclude that a violation of section 1 of P.L.1942, c.192 (C.39:4-128.1) occurred and shall issue, within 90 days from the date on which the violation occurred, a summons where it is deemed appropriate. A summons issued pursuant to this section shall be served by a law enforcement official in accordance with the Rules of Court. Except as otherwise provided in this subsection, the recorded images produced by the school bus monitoring system shall be available for the exclusive use of any law enforcement official for the purposes of discharging the official's enforcement duties under section 1 of P.L.1942, c.192 (C.39:4:128.1). Any recorded image or information produced in connection with a school bus monitoring system shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records. The recorded images shall not be discoverable as a public record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter, nor shall they be offered in evidence in any civil or administrative proceeding not directly related to a violation of section 1 of P.L.1942, c.192 (C.39:4-128.1).

Any recorded image or information produced in connection with a school bus monitoring system pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any fine or penalty. If a law enforcement official does not issue a summons based on the recorded images provided by a school bus monitoring system within 90 days, all recorded images and information collected pertaining to that alleged violation shall be purged within three days.

b. Except as provided in subsection c. of this section, the owner and operator of the motor vehicle shall be jointly liable for a summons issued for a violation of section 1 of P.L.1942, c.192 (C.39:4-128.1) pursuant to a school bus monitoring system installed and used in accordance with this act, unless the owner can show that the vehicle was used without his consent, express or implied. An owner who pays any fine, penalty, civil judgment, costs, or administrative fees in connection with a violation issued pursuant to a school bus monitoring system shall have the right to recover that sum from the operator in a court of competent jurisdiction.

c. The owner of a motor vehicle who is a lessor shall not be liable for a summons issued pursuant to this act when the motor vehicle is under the control or in the possession of the lessee, if upon notice of a violation of section 1 of P.L.1942, c.192 (C.39:4-128.1), the owner of the motor vehicle which was leased at the time of the offense notifies the clerk of the court where the case is pending by an affidavit. The affidavit shall set forth the name and address of the lessee and shall be in a form prescribed by the Director of the Administrative Office of the Courts.

After providing the name and address of the lessee, the owner shall not be required to attend any hearing for the offense, unless otherwise notified by the court.

5. a. Notwithstanding the provisions of section 1 of P.L.1942, c.192 (C.39:4-128.1) to the contrary, any person who violates the provisions of section 1 of P.L.1942, c.192 (C.39:4-128.1), and the evidence of the violation is captured by a school bus monitoring system under the pilot program established pursuant to section 3 this act, shall be subject to a fine of not less than $300 or more than $500. The individual shall not be assessed any penalty points pursuant to the provisions of section 1 of P.L.1982, c.43 (C.39:5-30.5).

b. Notwithstanding any provisions of R.S.39:5-41 to the contrary, in any municipality where the municipality or school district has contracted with a private vendor for the installation, operation, and maintenance of a school bus monitoring system pursuant to this act to assist in the enforcement of section 1 of P.L.1942, c.192 (C.39:4-128.1), all fines, penalties, and forfeitures imposed and collected for a violation of section 1 of P.L.1942, c.192 (C.39:4-128.1) that are based upon the recorded images provided by that school bus monitoring system shall be forwarded by the person to whom they have been paid to the financial officer of that municipality and used for general municipal and school district purposes, including efforts to improve the monitoring and enforcement of violations of section 1 of P.L.1942, c.192 (C.39:4-128.1) through the utilization of school bus monitoring systems and the provision of associated public education safety programs.

6. The Chief Administrator of the Motor Vehicle Commission, in consultation with the Commissioner of Education and school districts that participate in the pilot program, shall submit to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) an interim report not later than 30 months after the inception of the pilot program, and a final report no later than 60 days after the conclusion of the pilot program. The report shall include, but need not be limited to, the following information:

a. a list of municipalities and school districts that have opted to participate in the pilot program, and those that have exited the pilot program prior to the program's conclusion;

b. a list of private vendors with which municipalities and school districts have entered into a contract for the installation, operation, and maintenance of school bus monitoring systems;

c. the number of violations of section 1 of P.L.1942, c.192 (C.39:4-128.1) on which the evidence was based on a recorded image captured by a school bus monitoring system;

d. the total amount of fines, penalties, and forfeitures that were forwarded to the financial officer of a municipality; and

e. the total payments made by a municipality or a school district to a private vendor for the installation, operation, and maintenance of school bus monitoring systems.

7. The Commissioner of Education, the Superintendent of State Police, and the Chief Administrator of the Motor Vehicle Commission shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act, including, but not limited to, specifications and certification procedures for the school bus monitoring systems and devices that may be installed under the provisions of this act. The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.

8. This act shall take effect on the first day of the seventh month following enactment, but the Commissioner of Education, the Superintendent of State Police, and the Chief Administrator of the Motor Vehicle Commission may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill establishes a five-year pilot program in which municipalities and school districts that own, operate or otherwise provide Type I or Type II school buses to transport students may contract with private vendors to install, operate and maintain school bus monitoring systems on their school buses to assist in the enforcement of section 1 of P.L.1942, c.192 (C.39:4-128.1), the law which prohibits motor vehicles from passing a school bus while it is stopped to pick up or discharge students.

Alleged school bus passing violations captured by a monitoring system installed under the pilot program are to be compiled into an evidence file and forwarded to the chief law enforcement officer of the municipality. If law enforcement determines that a violation has occurred, a summons is to be issued.

Except in cases where the owner of the motor vehicle which unlawfully passed a school bus is a lessor, the owner and operator of the vehicle will be jointly liable for the summons, unless the owner can demonstrate that the vehicle was used without the owner's consent.

Under the bill, the penalty for the unlawful passing of a school bus, when captured by a school bus monitoring system under the pilot program, would be a fine of not less than $300 or more than $500; a violator would not be assessed any penalty points. All fine moneys and penalties that are imposed based on recorded images provided by a monitoring system are to be collected by the court and paid to the financial officer of the municipality wherein the violation occurred and are to be used by the municipality for its general municipal and school district purposes, including efforts to improve the monitoring and enforcement of the unlawful passing of a school bus through the utilization of school bus monitoring systems and the provision of associated public education safety programs.

Finally, the bill requires that the Chief Administrator of the Motor Vehicle Commission, in consultation with the Commissioner of Education and municipalities and school districts that participate in the pilot program, to submit an interim report no later than 30 months after the inception of the pilot program, and a final report no later than 60 days after the program's conclusion.