Bill Text: NY A08846 | 2009-2010 | General Assembly | Introduced


Bill Title: Provides for all school buses to be equipped with one or more on-board video monitoring systems, for policies and procedures relating to their use, and for financing their purchase and installation as part of the apportionment of public monies for school transportation expenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to education [A08846 Detail]

Download: New_York-2009-A08846-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8846
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 11, 2009
                                      ___________
       Introduced by M. of A. CRESPO -- read once and referred to the Committee
         on Education
       AN  ACT  to  amend the education law and the vehicle and traffic law, in
         relation to providing for the installation and use of video monitoring
         systems on school buses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 3624-a
    2  to read as follows:
    3    S 3624-A. SCHOOL BUS VIDEO MONITORING SYSTEMS. 1. THE COMMISSIONER, IN
    4  CONSULTATION  WITH  THE COMMISSIONER OF TRANSPORTATION, SHALL PROMULGATE
    5  RULES AND REGULATIONS TO REQUIRE THE BOARD OF EDUCATION OR  TRUSTEES  OF
    6  EVERY  SCHOOL  DISTRICT IN THE STATE TO PROVIDE FOR THE INSTALLATION AND
    7  USE OF ONE OR MORE SCHOOL BUS VIDEO MONITORING SYSTEMS,  AS  DEFINED  IN
    8  SUBDIVISION  THIRTEEN-A OF SECTION THIRTY-SIX HUNDRED TWENTY-ONE OF THIS
    9  ARTICLE, ON EVERY SCHOOL BUS, AS DEFINED  IN  SUBDIVISION  SIX  OF  SUCH
   10  SECTION,  THAT  IS  PURCHASED,  LEASED,  CONTRACTED  FOR OR USED FOR THE
   11  TRANSPORTATION OF ENROLLED PUPILS FOR ANY REASON BY SUCH DISTRICT OR  BY
   12  A  SCHOOL  WITHIN  THE  DISTRICT. THE COMMISSIONER OF TRANSPORTATION, IN
   13  CONSULTATION WITH THE COMMISSIONER, SHALL  AMEND  THE  RULES  AND  REGU-
   14  LATIONS  PROMULGATED PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE
   15  OF THIS ARTICLE, TO REQUIRE THAT EVERY SCHOOL BUS BE EQUIPPED  WITH  ONE
   16  OR  MORE  SCHOOL  BUS  VIDEO  MONITORING  SYSTEMS IN ACCORDANCE WITH THE
   17  REQUIREMENTS OF SUBDIVISION TWENTY-ONE-J OF SECTION THREE HUNDRED SEVEN-
   18  TY-FIVE OF THE VEHICLE AND TRAFFIC LAW AND THIS SECTION.
   19    2. THE COMMISSIONER'S  RULES  AND  REGULATIONS  SHALL  REQUIRE  SCHOOL
   20  DISTRICTS TO PROMULGATE, COMMUNICATE AND ENFORCE POLICIES AND PROCEDURES
   21  TO  BE FOLLOWED WHEN USING ON-BOARD VIDEO MONITORING SYSTEMS. SUCH POLI-
   22  CIES AND PROCEDURES SHALL INCLUDE AT A MINIMUM, AND SHALL BE  CONSISTENT
   23  WITH, THE FOLLOWING REQUIREMENTS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05024-01-9
       A. 8846                             2
    1    A. VIDEO CAMERAS ON SCHOOL BUSES SHALL BE USED ONLY AS AN AID TO MONI-
    2  TOR  ON-BOARD  ACTIVITIES.  THESE  DEVICES  SHALL NOT REPLACE DISCIPLINE
    3  POLICY, THE AUTHORITY OF THE DRIVER, OR  THE  RESPONSIBILITY  OF  SCHOOL
    4  OFFICIALS.  THE  CODE  OF CONDUCT FOR PUPIL BEHAVIOR ON SCHOOL PROPERTY,
    5  ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, AS
    6  IT  RELATES  TO  CONDUCT ON SCHOOL BUSES, AND ALL OTHER SAFE-DRIVING AND
    7  SAFE-RIDING RULES, REGULATIONS, POLICIES AND PROCEDURES OF THE  DISTRICT
    8  OR  REQUIRED  BY LAW OR BY THE COMMISSIONER CONSISTENT WITH LAW SHALL BE
    9  ENFORCED ON SCHOOL BUSES WHETHER OR NOT PUPILS ARE BEING TRANSPORTED  ON
   10  SUCH BUSES AT THE TIME CONDUCT BY A SCHOOL BUS DRIVER OR PASSENGER WHILE
   11  ON-BOARD THE BUS IS OBSERVED.
   12    B.  ALL  PUPILS AND ALL SCHOOL BUS DRIVERS SHALL BE NOTIFIED THAT THEY
   13  ARE SUBJECT TO BEING VIDEOTAPED ON  A  SCHOOL  BUS  AT  ANY  TIME.  SUCH
   14  NOTIFICATION  SHALL BE MADE BY THE SCHOOL TO THE PARENTS OF ALL ENROLLED
   15  PUPILS. PRIOR TO ACTUAL VIDEOTAPING, DRIVERS, PARENTS AND  PUPILS  SHALL
   16  BE  ADVISED  WHAT DRIVER CONDUCT AND WHAT PUPIL CONDUCT IS PROHIBITED BY
   17  THE STATE AND BY THE DISTRICT AND THAT SUCH CONDUCT WILL RESULT IN SPEC-
   18  IFIED DISCIPLINARY CONSEQUENCES AS DEFINED IN THE ESTABLISHED DISCIPLINE
   19  POLICY. ACTUAL VIDEOTAPING SHALL BE BY MEANS OF SIMULTANEOUS  AUDIO  AND
   20  VIDEO RECORDING.
   21    C.  REGULAR  AND  PERIODIC  NOTIFICATIONS  REGARDING  VIDEOTAPING MUST
   22  OCCUR, ADDRESSING THE PURPOSE AND USE OF VIDEO EQUIPMENT  AND  THE  NEED
   23  FOR  PERSONAL  AWARENESS  OF SAFETY ISSUES. THESE NOTIFICATIONS SHALL BE
   24  MADE TO GUARD AGAINST A FALSE SENSE OF SECURITY. THE USE OF NEWSLETTERS,
   25  PUPIL HANDOUTS, AND NOTICES POSTED WITHIN THE BUS SHALL CONSTITUTE MEANS
   26  OF FULFILLING THIS REQUIREMENT.
   27    D. AFTER VIDEOTAPING HAS BEEN CONDUCTED, THE TAPES SHALL BE STORED  IN
   28  A  SECURE  LOCATION  FOR A PERIOD OF TIME DESIGNATED BY DISTRICT POLICY,
   29  EXCEPT THAT A SPECIFIC TAPE MAY BE REMOVED  FROM  STORAGE  FOR  PLAYBACK
   30  WHENEVER IT IS NEEDED IN AN ONGOING LEGAL ACTION OR PROCEEDING.
   31    E.  THE  BOARD OF EDUCATION OR TRUSTEES OF EVERY SCHOOL DISTRICT SHALL
   32  DESIGNATE ONE OR MORE PERSONNEL EMPLOYED BY THE  DISTRICT  OR  BY  EVERY
   33  SCHOOL WITHIN THE DISTRICT TO PERIODICALLY REVIEW VIDEOTAPES ON A RANDOM
   34  BASIS  TO  ENSURE  PROPER  DRIVER AND PUPIL CONDUCT. IF NO MISCONDUCT OR
   35  SAFETY-RELATED INCIDENTS ARE REPORTED WITHIN A  PERIOD  DEFINED  BY  THE
   36  POLICY OF THE DISTRICT, THE TAPES MAY BE RECYCLED FOR FUTURE USE. HOWEV-
   37  ER,  IF  MISCONDUCT  OR SAFETY-RELATED INCIDENTS ARE REPORTED, OR IF ANY
   38  SUCH INCIDENT IS VIEWED DURING THE RANDOM SELECTION PROCESS,  THE  TAPES
   39  SHALL  BE STORED UNTIL FINAL RESOLUTION OR UNTIL SUCH TIME AS ANY ADMIN-
   40  ISTRATIVE APPEAL OR LEGAL ACTION OR PROCEEDING IS CONCLUDED.
   41    S 2. Section 3621 of the education law is  amended  by  adding  a  new
   42  subdivision 13-a to read as follows:
   43    13-A.  SCHOOL  BUS VIDEO MONITORING SYSTEM. THE TERM "SCHOOL BUS VIDEO
   44  MONITORING SYSTEM" MEANS ONE OR MORE ELECTRONIC DEVICES CONSISTING OF AT
   45  LEAST A VIDEO CAMERA AND  MICROPHONE  AND  VIDEOTAPING  AND  AUDIOTAPING
   46  EQUIPMENT,  INSTALLED  ON  A  SCHOOL  BUS  AND  CAPABLE OF RECORDING THE
   47  CONDUCT AND MOVEMENT OF PERSONS WITHIN THE DRIVER AND PASSENGER COMPART-
   48  MENTS OF THE BUS.
   49    S 3. Paragraph c of subdivision 2 of section 3623-a of  the  education
   50  law,  as  amended by chapter 453 of the laws of 2005, is amended to read
   51  as follows:
   52    c. The purchase of equipment deemed a proper school district  expense,
   53  including:  (i) the purchase of two-way radios to be used on old and new
   54  school buses, (ii) the purchase of stop-arms, to be used on old and  new
   55  school  buses,  (iii) the purchase and installation of seat safety belts
   56  on school buses in accordance with the provisions of section  thirty-six
       A. 8846                             3
    1  hundred  thirty-five-a  of this article, (iv) the purchase of school bus
    2  back up beepers, (v) the purchase of school  bus  front  crossing  arms,
    3  (vi)  the  purchase  of  school  bus  safety  sensor  devices, (vii) THE
    4  PURCHASE  AND  INSTALLATION  OF  SCHOOL  BUS VIDEO MONITORING SYSTEMS ON
    5  SCHOOL BUSES IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION  THIRTY-SIX
    6  HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, (VIII) the purchase and installa-
    7  tion  of  exterior reflective marking on school buses, [(viii)] (IX) the
    8  purchase of automatic engine fire extinguishing systems for school buses
    9  used to transport students who use wheelchairs or other assistive mobil-
   10  ity  devices,  and  [(ix)]  (X)  the  purchase  of  other  equipment  as
   11  prescribed in the regulations of the commissioner; and
   12    S 4. Section 375 of the vehicle and traffic law is amended by adding a
   13  new subdivision 21-j to read as follows:
   14    21-J.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
   15  TRANSPORTATION, SHALL PROMULGATE RULES AND REGULATIONS FOR  THE  USE  OF
   16  SCHOOL BUS VIDEO MONITORING SYSTEMS ON SCHOOL BUSES.
   17    S 5. This act shall take effect on the one hundred twentieth day after
   18  it shall have become a law, provided, however, that effective immediate-
   19  ly,  the  addition,  amendment and/or repeal of any rules or regulations
   20  necessary for the implementation of the foregoing sections of  this  act
   21  on  the effective date of this act is authorized and directed to be made
   22  and completed on or before such effective date.
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