Bill Text: NY S08603 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands provisions relating to owner liability for failure of operator to stop for a school bus displaying a red visual signal and stop-arm; extends such program until 2029.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S08603 Detail]

Download: New_York-2023-S08603-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8603

                    IN SENATE

                                    February 21, 2024
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law and the administrative  code
          of the city of New York, in relation to owner liability for failure of
          operator  to  stop for a school bus displaying a red visual signal and
          stop-arm; and to amend chapter 145 of the laws of  2019  amending  the
          vehicle  and  traffic law relating to school bus photo violation moni-
          toring systems and owner liability for failure of operator to stop for
          a school bus displaying a red visual signal, in relation to the effec-
          tiveness thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 1174-a of the vehicle and traffic law, as added by
     2  chapter 145 of the laws of 2019, is amended to read as follows:
     3    § 1174-a. Owner liability for failure of operator to stop for a school
     4  bus displaying a red visual signal and stop-arm. (a) 1.  Notwithstanding
     5  any  other  provision  of  law,  a county, city, town or village located
     6  within a school district ("district") is hereby authorized and empowered
     7  to adopt and amend a local law or ordinance establishing a demonstration
     8  program imposing monetary liability on the owner of a vehicle for  fail-
     9  ure  of an operator thereof to comply with section eleven hundred seven-
    10  ty-four of this [chapter] article when meeting a school bus  marked  and
    11  equipped  as provided in subdivisions twenty and twenty-one-c of section
    12  three hundred seventy-five of this chapter and operated in such  county,
    13  city,  town  or  village,  in  accordance  with  the  provisions of this
    14  section. Such demonstration program shall  empower  such  county,  city,
    15  town  or village to install and operate school bus photo violation moni-
    16  toring systems which may be stationary  or  mobile,  and  which  may  be
    17  installed,  pursuant  to an agreement with a school district within such
    18  county, city, town or village, on school buses  owned  and  operated  by
    19  such  school  district  or privately owned and operated for compensation
    20  under contract with  such  district.  Provided,  however,  that  (a)  no
    21  stationary  school  bus  photo  violation  monitoring  system  shall  be
    22  installed or operated by a county, city, town or village except on road-
    23  ways under the jurisdiction of such county, city, town or  village,  and
    24  (b)  no  mobile  school  bus  photo violation monitoring system shall be
    25  installed or operated on any such school buses unless such county, city,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14558-01-4
        S. 8603                             2

     1  town or village and such district  enter  into  an  agreement  for  such
     2  installation and operation.
     3    1-a.  Any  county,  city,  town  or  village, [located within a school
     4  district,] that has adopted a local law or ordinance  pursuant  to  this
     5  section  establishing  a demonstration program imposing liability on the
     6  owner of a vehicle for failure of an operator  thereof  to  comply  with
     7  section eleven hundred seventy-four of this [chapter] article when meet-
     8  ing  a school bus marked and equipped as provided in subdivisions twenty
     9  and twenty-one-c of section three hundred seventy-five of  this  chapter
    10  and  operated  in  such  county, city, town or village may enter into an
    11  agreement with [the applicable] a school district that  operates  school
    12  buses  within  the  county,  city, town or village for the installation,
    13  maintenance and use of school bus photo violation monitoring systems  on
    14  school  buses  pursuant  to this section and section twenty-two of [the]
    15  chapter one hundred forty-five of the  laws  of  two  thousand  nineteen
    16  [which  added  this  section],  for  the  proper handling and custody of
    17  photographs, microphotographs, videotapes,  other  recorded  images  and
    18  data  produced  by  such  systems, and for the forwarding of such photo-
    19  graphs, microphotographs, videotapes, other recorded images and data  to
    20  the applicable county, city, town or village. Any agreement entered into
    21  hereunder  shall be approved by each participating county, city, town or
    22  village by a majority vote of the voting strength of its governing  body
    23  and  by  resolution  of the district pursuant to section sixteen hundred
    24  four, section seventeen hundred nine, section twenty-five hundred three,
    25  section twenty-five hundred fifty-four or  section  twenty-five  hundred
    26  ninety-h  of  the  education law, as applicable. Provided, however, that
    27  where a district has entered an agreement as provided hereunder  with  a
    28  county,  no  cities,  towns or villages within the same county may enter
    29  into, or be a party to, any agreement with  such  district  pursuant  to
    30  this section. Provided further, however, that no county shall enter into
    31  an  agreement  with  any city school district [wholly contained within a
    32  city] in a city with a population over  one  million.  Nothing  in  this
    33  section  shall  be construed to prevent a county, city, town, village or
    34  district at any time to withdraw from or terminate an agreement  entered
    35  pursuant  to  this  section  and section twenty-two of [the] chapter one
    36  hundred forty-five of the laws of 2019 [which added this section].
    37    1-b. A county, city, town or village that has adopted a local  law  or
    38  ordinance  pursuant  to  this section that has entered into an agreement
    39  with a school  district  located  within  such  county,  city,  town  or
    40  village, may enforce section eleven hundred seventy-four of this article
    41  pursuant  to  this  section  within its boundaries without necessitating
    42  additional agreements with overlapping jurisdictions.
    43    1-c. The total cost to the district of the  installation,  maintenance
    44  and  use  of  school  bus photo violation monitoring systems pursuant to
    45  this section shall be borne  entirely  by  the  county,  city,  town  or
    46  village  within  the  district which is a party to such agreement. On or
    47  before September first of each year, the district  shall  determine  and
    48  certify  to each county, city, town or village with which it has entered
    49  into an agreement pursuant  to  this  section  the  total  cost  to  the
    50  district  for  the  school  year  ending the preceding June thirtieth of
    51  installing, maintaining and using such systems within each such  county,
    52  city, town or village, respectively, for the proper handling and custody
    53  of  photographs, microphotographs, videotapes, other recorded images and
    54  data produced by such systems, and for the  forwarding  of  such  photo-
    55  graphs,  microphotographs, videotapes, other recorded images and data to
    56  the applicable county, city, town or village. On or before the following
        S. 8603                             3

     1  December first of each year, each such county,  city,  town  or  village
     2  shall  pay to the district such cost so certified to it on or before the
     3  preceding September first. Not later than twenty days  after  each  such
     4  payment  is  submitted  or  is due, whichever occurs first, the district
     5  shall submit to the director of the budget and the chairpersons  of  the
     6  fiscal  committees  of  the  legislature  a report for each such county,
     7  city, town and village showing the amount of costs so certified and  the
     8  amount  of  payments  so  received  or  due.  If a county, city, town or
     9  village fails to make the payment required to the district by the  twen-
    10  tieth  day  after  the date such payment was due, (i) the district shall
    11  notify the director of the budget and the  chairpersons  of  the  fiscal
    12  committees  of  the  legislature  of  such occurrence within twenty-four
    13  hours of such day; and (ii) the demonstration program shall be suspended
    14  within such county, city, town, or village until such time as such coun-
    15  ty, city, town, or village makes the payment required to  the  district.
    16  The  district  shall  notify  the  director of the budget and the chair-
    17  persons of the fiscal committees of  the  legislature  of  such  payment
    18  within  seven  business days of its receipt. Provided, however, that any
    19  notice of liability issued prior to such date shall not be voided.
    20    2. Any image or images captured by school bus photo violation monitor-
    21  ing  systems  shall  be  inadmissible  in  any  disciplinary  proceeding
    22  convened  by  any  school district or any school bus contractor thereof,
    23  and any proceeding initiated by the department involving licensure priv-
    24  ileges of school bus operators. Any school bus photo violation  monitor-
    25  ing device mounted on a school bus shall be directed outwardly from such
    26  school  bus  to  capture  images  of  vehicles  operated in violation of
    27  section eleven hundred  seventy-four  of  this  [chapter]  article,  and
    28  images produced by such device shall not be used for any other purpose.
    29    3.  (i)  Any  participating  school  district shall be prohibited from
    30  accessing any photographs, microphotographs, videotapes, other  recorded
    31  images  or  data  from school bus photo violation monitoring systems but
    32  shall provide, pursuant to an agreement with a  county,  city,  town  or
    33  village as provided in this section, for the proper handling and custody
    34  of such photographs, microphotographs, videotapes, other recorded images
    35  and data produced by such systems, and for the forwarding of such photo-
    36  graphs,  microphotographs, videotapes, other recorded images and data to
    37  the applicable county, city, town or village for the purpose  of  deter-
    38  mining  whether a motor vehicle was operated in violation of subdivision
    39  (a) of section eleven hundred seventy-four of this [title]  article  and
    40  imposing monetary liability on the owner of such motor vehicle therefor.
    41    (ii)  Photographs, microphotographs, videotapes, other recorded images
    42  and data produced by school bus photo violation monitoring systems shall
    43  be destroyed (A) ninety days after the date of the alleged imposition of
    44  liability if a notice of liability is not issued for such alleged  impo-
    45  sition  of liability pursuant to this section or (B) upon final disposi-
    46  tion of a notice of liability issued pursuant to this section.
    47    4. A county,  city,  town  or  village  establishing  a  demonstration
    48  program  pursuant  to  this  section shall adopt and enforce measures to
    49  protect the privacy of drivers,  passengers,  pedestrians  and  cyclists
    50  whose  identity  and identifying information may be captured by a school
    51  bus photo violation monitoring device. Provided, however, that no notice
    52  of liability issued pursuant to this section shall be  dismissed  solely
    53  because  a photograph or photographs allow for the identification of the
    54  contents of a vehicle, provided that such county, city, town or  village
    55  has made a reasonable effort to comply with the provisions of this para-
    56  graph. Such measures shall include:
        S. 8603                             4

     1    (i)  utilization  of  necessary  technologies to ensure, to the extent
     2  practicable,  that  photographs  produced  by  such  school  bus   photo
     3  violation  monitoring systems shall not include images that identify the
     4  driver, the passengers, the contents of  the  vehicle,  pedestrians  and
     5  cyclists[.  Provided, however, that no notice of liability issued pursu-
     6  ant to this section shall be dismissed solely because  a  photograph  or
     7  photographs  allow  for the identification of the contents of a vehicle,
     8  provided that such county, city, town or village has made  a  reasonable
     9  effort to comply with the provisions of this paragraph];
    10    (ii)  a  prohibition  on the use or dissemination of vehicles' license
    11  plate information and other information and images  captured  by  school
    12  bus photo violation monitoring systems except: (A) as required to estab-
    13  lish  liability  under this section or collect payment of penalties; (B)
    14  as required by court order; or (C) as otherwise required by law; and
    15    (iii) [the installation  of  signage  in  conformance  with  standards
    16  established  in the MUTCD at each roadway entrance of the jurisdictional
    17  boundaries of such county, city, town  or  village  giving  notice  that
    18  school  bus  photo  violation  monitoring  systems  are  used to enforce
    19  restrictions on vehicles violating section eleven  hundred  seventy-four
    20  of  this chapter. For the purposes of this paragraph, the term "roadway"
    21  shall not include state expressway routes or state interstate routes but
    22  shall include controlled-access highway exit ramps that enter the juris-
    23  dictional boundaries of a county, city, town or village; and
    24    (iv)] oversight procedures to ensure  compliance  with  the  aforemen-
    25  tioned privacy protection measures.
    26    5.  A  county,  city,  town  or  village  establishing a demonstration
    27  program pursuant to this section shall install  signage  in  conformance
    28  with  standards established in the MUTCD at each roadway entrance of the
    29  jurisdictional boundaries of such county, city, town or  village  giving
    30  notice  that  school  bus photo violation monitoring systems are used to
    31  enforce restrictions on vehicles violating section eleven hundred seven-
    32  ty-four of this article. For the purposes of this  paragraph,  the  term
    33  "roadway"  shall not include state expressway routes or state interstate
    34  routes but shall include controlled-access highway exit ramps that enter
    35  the jurisdictional boundaries  of  a  county,  city,  town  or  village.
    36  Provided,  however,  that no notice of liability issued pursuant to this
    37  section shall be dismissed if such county, city,  town  or  village  has
    38  made  a  reasonable  effort  to comply with the provisions of this para-
    39  graph.
    40    (b) In any such county, city, town or  village  which  has  adopted  a
    41  local  law or ordinance pursuant to subdivision (a) of this section, the
    42  owner of a vehicle shall be liable for a  penalty  imposed  pursuant  to
    43  this section if such vehicle was used or operated with the permission of
    44  the  owner,  express  or  implied,  in  violation  of subdivision (a) of
    45  section eleven hundred seventy-four of this article, and such  violation
    46  is  evidenced  by information obtained from a school bus photo violation
    47  monitoring system; provided however that no owner of a vehicle shall  be
    48  liable for a penalty imposed pursuant to this section where the operator
    49  of such vehicle has been convicted of the underlying violation of subdi-
    50  vision (a) of section eleven hundred seventy-four of this article.
    51    (c)  For  purposes of this section, the following terms shall have the
    52  following meanings: "county" shall have the meaning provided in  section
    53  three  of  the  county  law, except that such term shall not include any
    54  county wholly contained  within  a  city;  "manual  on  uniform  traffic
    55  control devices" or "MUTCD" shall mean the manual and specifications for
    56  a  uniform  system  of traffic control devices maintained by the commis-
        S. 8603                             5

     1  sioner of transportation pursuant to section sixteen hundred  eighty  of
     2  this  chapter;  "owner" shall have the meaning provided in article two-B
     3  of this chapter; and "school  bus  photo  violation  monitoring  system"
     4  shall  mean  a  device  that is capable of operating independently of an
     5  enforcement officer which is installed to work  in  conjunction  with  a
     6  school  bus stop-arm and which automatically produces two or more photo-
     7  graphs, two or more microphotographs,  a  videotape  or  other  recorded
     8  images  of  a vehicle at the time it is used or operated in violation of
     9  subdivision (a) of section eleven hundred seventy-four of this article.
    10    (d) 1. A certificate, sworn to or affirmed by a technician employed by
    11  the county, city,  town  or  village  in  which  the  charged  violation
    12  occurred,  or a facsimile thereof, based upon inspection of photographs,
    13  microphotographs, videotape or  other  recorded  images  produced  by  a
    14  school  bus  photo  violation  monitoring  system,  shall be prima facie
    15  evidence of the facts contained therein.  Any  photographs,  microphoto-
    16  graphs,  videotape  or other recorded images evidencing such a violation
    17  shall be available for inspection in any proceeding  to  adjudicate  the
    18  liability  for  such  violation  pursuant  to  a  local law or ordinance
    19  adopted pursuant to this section.
    20    2. There shall be a rebuttable presumption that (i) any  bus  that  is
    21  the color known as national school bus chrome and equipped with a school
    22  bus  photo  violation  monitoring  system  is  a  school  bus marked and
    23  equipped as provided in subdivisions twenty and twenty-one-c of  section
    24  three hundred seventy-five of this chapter; (ii) when the bus is stopped
    25  and  the  stop-arm  is  activated, it is for the purpose of receiving or
    26  discharging passengers; and (iii) the school bus' red signal lights  are
    27  flashing and operational when a recorded image from the school bus photo
    28  violation  monitoring system includes an electronic indicator signifying
    29  activation of red signal lights.
    30    3. Such rebuttable presumption shall not be overcome unless a  defend-
    31  ant  shows  by  clear  and convincing evidence that (i) the bus is not a
    32  school bus marked and equipped as provided in  subdivisions  twenty  and
    33  twenty-one-c of section three hundred seventy-five of this chapter; (ii)
    34  the  school bus was not stopped for the purpose of receiving passengers;
    35  and (iii) the school bus' red signal lights were not flashing and opera-
    36  tional at the time of the violation.
    37    (e) An owner liable for a violation  of  subdivision  (a)  of  section
    38  eleven  hundred  seventy-four of this article pursuant to a local law or
    39  ordinance adopted pursuant to this section shall be liable for  monetary
    40  penalties in accordance with a schedule of fines and penalties to be set
    41  forth in such local law or ordinance, except that if a city by local law
    42  has  authorized  the  adjudication  of such owner liability by a parking
    43  violations bureau, such schedule shall be promulgated  by  such  bureau.
    44  The liability of the owner pursuant to this section shall be two hundred
    45  fifty  dollars  for  a first violation, two hundred seventy-five dollars
    46  for a second violation both of which were committed within a  period  of
    47  eighteen  months,  and  three  hundred dollars for a third or subsequent
    48  violation all of which  were  committed  within  a  period  of  eighteen
    49  months;  provided, however, that such local law or ordinance may provide
    50  for an additional penalty not in excess of twenty-five dollars for  each
    51  violation for the failure to respond to a notice of liability within the
    52  prescribed time period.
    53    (f)  An imposition of liability under a local law or ordinance adopted
    54  pursuant to this section shall not be deemed a conviction as an operator
    55  and shall not be made part of the operating record of  the  person  upon
        S. 8603                             6

     1  whom  such  liability  is  imposed  nor  shall  it be used for insurance
     2  purposes in the provision of motor vehicle insurance coverage.
     3    (g) 1. A notice of liability shall be sent by first class mail to each
     4  person  alleged  to be liable as an owner for a violation of subdivision
     5  (a) of section eleven hundred seventy-four of this article  pursuant  to
     6  this  section.  Personal  delivery on the owner shall not be required. A
     7  manual or automatic record of mailing prepared in the ordinary course of
     8  business shall be prima facie evidence of the facts contained therein.
     9    2. A notice of liability shall contain the name  and  address  of  the
    10  person  alleged  to be liable as an owner for a violation of subdivision
    11  (a) of section eleven hundred seventy-four of this article  pursuant  to
    12  this  section,  the  registration number of the vehicle involved in such
    13  violation, the location where such violation took place,  the  date  and
    14  time of such violation and the identification number of the camera which
    15  recorded the violation or other document locator number.
    16    3.  The  notice  of  liability  shall contain information advising the
    17  person charged of the manner and the time in which [he or she] they  may
    18  contest  the  liability  alleged in the notice. Such notice of liability
    19  shall also contain a warning to advise the persons charged that  failure
    20  to  contest in the manner and time provided shall be deemed an admission
    21  of liability and that a default judgment may be entered thereon.
    22    4. The notice of liability shall be prepared and mailed by the county,
    23  city, town or village in which the violation occurred, or by  any  other
    24  entity  authorized  by such county, city, town or village to prepare and
    25  mail such notification of violation.
    26    (h) [Adjudication] 1. A  county,  city,  town  or  village  is  hereby
    27  authorized to adopt a local law or ordinance to institute an administra-
    28  tive  adjudication  hearing  process  for  impartial  administration and
    29  conduct of adjudicatory proceedings for disputed notices  of  violations
    30  under  this section. A county, city, town, village or any entity author-
    31  ized by such county, city, town or village may administer  the  hearing.
    32  The  rules  of evidence do not apply, and the decision of the proceeding
    33  shall be made based on the substantial evidence standard.  The  decision
    34  shall  be  prepared  and  sent  by first class mail by the county, city,
    35  town, village or another entity authorized by such county, city, town or
    36  village within fourteen business days after the  hearing.  The  decision
    37  shall  also  provide  instructions  for how the owner may, within thirty
    38  days of the decision mailing date, request adjudication of the notice of
    39  violation by a court of competent jurisdiction. A  manual  or  automatic
    40  record  of  mailing prepared in the ordinary course of business shall be
    41  prima facie evidence of the facts contained therein.
    42    2. Upon request by an owner, if a county, city, town  or  village  has
    43  not  instituted  an  administrative adjudication hearing process to hear
    44  disputed notices of violation under this section, or upon thirty days of
    45  the issuance of a decision of an  administrative  adjudication  hearing,
    46  adjudication  of the liability imposed upon owners by this section shall
    47  be by a traffic violations bureau established pursuant to section  three
    48  hundred  seventy  of  the  general  municipal  law  where  the violation
    49  occurred or, if there be none, by the  court  having  jurisdiction  over
    50  traffic  infractions where the violation occurred, except that if a city
    51  has  established  an  administrative  tribunal  to  hear  and  determine
    52  complaints  of  traffic  infractions  constituting  parking, standing or
    53  stopping violations such city may, by local law, authorize such  adjudi-
    54  cation by such tribunal.
    55    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    56  section for any time period during which the vehicle was reported to the
        S. 8603                             7

     1  police as having been stolen, it shall be a valid defense to an  allega-
     2  tion  of  liability for a violation of subdivision (a) of section eleven
     3  hundred seventy-four of this article pursuant to this section  that  the
     4  vehicle  had been reported to the police as stolen prior to the time the
     5  violation occurred and had not been recovered by such time. For purposes
     6  of asserting the defense provided by this subdivision it shall be suffi-
     7  cient that a certified copy of the police report on the  stolen  vehicle
     8  be  sent  by  first  class  mail to the traffic violations bureau, court
     9  having jurisdiction or parking violations bureau.
    10    (j) 1. In such county, city, town or village where the adjudication of
    11  liability imposed upon owners pursuant to this section is by  a  traffic
    12  violations  bureau  or  a  court  having jurisdiction, an owner who is a
    13  lessor of a vehicle to which a notice of liability was  issued  pursuant
    14  to subdivision (g) of this section shall not be liable for the violation
    15  of  subdivision (a) of section eleven hundred seventy-four of this arti-
    16  cle, provided that he or she sends to the traffic violations  bureau  or
    17  court  having  jurisdiction  a  copy  of the rental, lease or other such
    18  contract document covering such vehicle on the date  of  the  violation,
    19  with  the name and address of the lessee clearly legible, within thirty-
    20  seven days after receiving notice from the bureau or court of  the  date
    21  and  time  of  such  violation,  together  with  the  other  information
    22  contained in the original notice of  liability.  Failure  to  send  such
    23  information  within  such  thirty-seven day time period shall render the
    24  owner liable for the penalty  prescribed  by  this  section.  Where  the
    25  lessor  complies  with  the  provisions of this paragraph, the lessee of
    26  such vehicle on the date of such violation shall be  deemed  to  be  the
    27  owner  of such vehicle for purposes of this section, shall be subject to
    28  liability for the violation of subdivision (a) of section eleven hundred
    29  seventy-four of this article pursuant to this section and shall be  sent
    30  a notice of liability pursuant to subdivision (g) of this section.
    31    2.  (i) In a city which, by local law, has authorized the adjudication
    32  of liability imposed upon owners by this section by a parking violations
    33  bureau, an owner who is a lessor of a  vehicle  to  which  a  notice  of
    34  liability  was  issued pursuant to subdivision (g) of this section shall
    35  not be liable for the violation of subdivision  (a)  of  section  eleven
    36  hundred seventy-four of this article, provided that:
    37    (A)  prior  to  the violation, the lessor has filed with the bureau in
    38  accordance with the provisions of section  two  hundred  thirty-nine  of
    39  this chapter; and
    40    (B) within thirty-seven days after receiving notice from the bureau of
    41  the  date  and  time of a liability, together with the other information
    42  contained in the original notice of liability, the lessor submits to the
    43  bureau the correct name and address of the lessee of the vehicle identi-
    44  fied in the notice of liability at the time of such violation,  together
    45  with such other additional information contained in the rental, lease or
    46  other  contract  document,  as  may be reasonably required by the bureau
    47  pursuant to regulations that may be promulgated for such purpose.
    48    (ii) Failure to comply with clause (B) of  subparagraph  (i)  of  this
    49  paragraph  shall  render  the owner liable for the penalty prescribed in
    50  this section.
    51    (iii) Where the lessor complies with the provisions of this paragraph,
    52  the lessee of such vehicle on the date of such violation shall be deemed
    53  to be the owner of such vehicle for purposes of this section,  shall  be
    54  subject  to  liability  for  such violation pursuant to this section and
    55  shall be sent a notice of liability pursuant to subdivision (g) of  this
    56  section.
        S. 8603                             8

     1    (k)  1.  If  the  owner  liable  for a violation of subdivision (a) of
     2  section eleven hundred seventy-four of this  article  pursuant  to  this
     3  section  was  not  the  operator  of  the  vehicle  at  the  time of the
     4  violation, the owner may maintain an action for indemnification  against
     5  the operator.
     6    2.  Notwithstanding any other provision of this section, no owner of a
     7  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
     8  section if the operator of such vehicle was operating such vehicle with-
     9  out  the consent of the owner at the time such operator failed to comply
    10  with section eleven hundred seventy-four of this [chapter] article.  For
    11  purposes of this subdivision there shall be a presumption that the oper-
    12  ator  of such vehicle was operating such vehicle with the consent of the
    13  owner at the time such operator failed to  comply  with  section  eleven
    14  hundred seventy-four of this [chapter] article.
    15    (l) It shall be a defense to any prosecution for a violation of subdi-
    16  vision (a) of section eleven hundred seventy-four of this article pursu-
    17  ant  to  a  local law or ordinance adopted pursuant to this section that
    18  such school bus stop-arms were malfunctioning at the time of the alleged
    19  violation.
    20    (m) Nothing in this section shall be construed to limit the  liability
    21  of  an  operator  of  a  vehicle for any violation of subdivision (a) of
    22  section eleven hundred seventy-four of this article.
    23    [(m)] (n) In any such county, city, town or  village  which  adopts  a
    24  demonstration  program pursuant to subdivision (a) of this section, such
    25  county, city, town or village shall  submit  an  annual  report  on  the
    26  results  of the use of a school bus photo violation monitoring system to
    27  the governor, the temporary president of the senate and the  speaker  of
    28  the  assembly  on or before June first, two thousand nineteen and on the
    29  same date in each succeeding year in which the demonstration program  is
    30  operable. Such report shall include, but not be limited to:
    31    1.  the number of buses and a description of the routes where station-
    32  ary and mobile school bus photo violation monitoring systems were used;
    33    2. the aggregate number, type and severity of  accidents  reported  at
    34  locations  where  a school bus photo violation monitoring system is used
    35  for the year preceding the installation of such system,  to  the  extent
    36  the  information  is  maintained  by the department of motor vehicles of
    37  this state;
    38    3. the aggregate number, type and severity of  accidents  reported  at
    39  locations  where a school bus photo violation monitoring system is used,
    40  to the extent the information is maintained by the department  of  motor
    41  vehicles of this state;
    42    4.  the  number of violations recorded at each location where a school
    43  bus photo violation monitoring system is used and in the aggregate on  a
    44  daily, weekly and monthly basis;
    45    4-a.  the  number  of convictions for violations of subdivision (a) of
    46  section eleven hundred seventy-four of this  article  recorded  at  each
    47  location where a school bus photo violation monitoring system is used on
    48  an  annual  basis,  to  the  extent the information is maintained by the
    49  department of motor vehicles of this state;
    50    5. the total number of notices  of  liability  issued  for  violations
    51  recorded by such systems;
    52    6.  the number of fines and total amount of fines paid after the first
    53  notice of liability issued for violations recorded by such systems;
    54    7. the number of violations adjudicated and results  of  such  adjudi-
    55  cations   including  breakdowns  of  dispositions  made  for  violations
    56  recorded by such systems which shall be provided at  least  annually  to
        S. 8603                             9

     1  such county, city, town or village by the respective courts, bureaus and
     2  agencies conducting such adjudications;
     3    8.  the total amount of revenue realized by such city, town or village
     4  from such adjudications;
     5    9. the expenses incurred by such city, town or village  in  connection
     6  with the program;
     7    10.  the quality of the adjudication process and its results including
     8  the total number of hearings  scheduled,  re-scheduled,  and  held;  the
     9  total number of persons scheduled for such hearings; the total number of
    10  cases where fines were paid on or before the hearing date; and the total
    11  number  of default judgments entered. Such information shall be provided
    12  at least annually to such county, city, town or village by  the  respec-
    13  tive courts, bureaus and agencies conducting such adjudications; and
    14    11.  a  description  of  public education activities conducted to warn
    15  motorists of the dangers of overtaking and passing stopped school buses.
    16    [(n) It shall be a defense to  any  prosecution  for  a  violation  of
    17  subdivision  (a)  of section eleven hundred seventy-four of this article
    18  pursuant to a local law or ordinance adopted pursuant  to  this  section
    19  that  such  school  bus stop-arms were malfunctioning at the time of the
    20  alleged violation.]
    21    § 2. Subdivisions f and h of section 19-610 of the administrative code
    22  of the city of New York, as added by local law number 10 of the city  of
    23  New York for the year 2022, is amended to read as follows:
    24    f.  Payment to school district required. If the city does not make the
    25  payment to the school district required by paragraph [1-b] 1-c of subdi-
    26  vision (a) of section 1174-a of the vehicle and traffic law, no  liabil-
    27  ity may be imposed under this section until the city makes such required
    28  payment to the district.
    29    h.  Annual  report.  The  implementing  agency  shall submit an annual
    30  report on the results of the use of a school bus photo  violation  moni-
    31  toring  system  to the mayor and the speaker of the council. Such report
    32  shall be submitted by June 1 of each year in which such system is opera-
    33  ble. Such report shall include, but need not be limited to, the informa-
    34  tion described in subdivision [(m)] (n) of section 1174-a of the vehicle
    35  and traffic law.
    36    § 3. The opening paragraph of section 25 of chapter 145 of the laws of
    37  2019 amending the vehicle and traffic law relating to school  bus  photo
    38  violation monitoring systems and owner liability for failure of operator
    39  to  stop  for a school bus displaying a red visual signal, is amended to
    40  read as follows:
    41    This act shall take effect on the thirtieth day after  it  shall  have
    42  become  a  law  and  shall expire December 1, [2024] 2029 when upon such
    43  date the provisions of this act shall be deemed repealed; provided  that
    44  any  such  local law as may be enacted pursuant to this act shall remain
    45  in full force  and  effect  only  until  December  1,  [2024]  2029  and
    46  provided, further, that:
    47    §  4.  This act shall take effect immediately; provided, however, that
    48  sections one and two of this act shall take effect on the ninetieth  day
    49  after it shall have become a law; provided, further, that the amendments
    50  to  section  1174-a of the vehicle and traffic law and section 19-610 of
    51  the administrative code of the city of New York made by sections one and
    52  two of this act shall not affect  the  expiration  and  repeal  of  such
    53  sections and shall be deemed repealed therewith.