Bill Text: NY S04916 | 2017-2018 | 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 2-0)
Status: (Introduced - Dead) 2017-03-03 - REFERRED TO EDUCATION [S04916 Detail]
Download: New_York-2017-S04916-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4916 2017-2018 Regular Sessions IN SENATE March 3, 2017 ___________ Introduced by Sens. DIAZ, HAMILTON, LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion 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 § 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. LBD07238-01-7S. 4916 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 § 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 § 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-sixS. 4916 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 § 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 § 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 are authorized and directed to be made 22 and completed on or before such effective date.
