Amendment ID: S2553-2

Amendment 2

School Buses

Ms. DiZoglio, Messrs. O'Connor and Fattman move that the proposed new draft be amended by inserting in line 44 after the words “city or town” the following words: -

“, provided further, automated road safety camera systems that are attached to school buses shall not be subject to limitations related to population or other demographic qualifications"; and by adding in line 57 after the words “$25 per violation” –

“; provided further, that violations involving an automated road safety camera mounted on a school bus shall be subject to the fines established in section 14 of chapter 90"; and by inserting in line 221 the following new section: -

Section XX. (C) In the case of automated road safety camera systems that are to be deployed solely for use upon a school bus, a city or town may enter into an agreement with a private vendor or manufacturer to provide a school bus violation detection monitoring system on each bus within its fleet whether owned or leased, up to and including the installation, operation and maintenance of such systems. Compensation paid to the manufacturer or vendor of the school bus violation detection monitoring system as authorized by this section shall not be based upon the revenue generated by the use of such systems. The compensation paid to the manufacturer or vendor of the equipment shall be based upon the value of the equipment installed and the recurring services provided in support of the school bus violation detection monitoring systems including processing of evidence files, cost of the technology provided and maintenance of such technology. Said agreement shall only become effective after consent by the affected local or regional school department, by vote of a majority of its governing school committee; and by adding in Line 237 after the words “camera enforceable violation” the following words: -

“, except as otherwise provided in this section”; and by further adding in Line 244 the following new subsection: -

“(e) In the case of automated road safety camera systems that are to be deployed solely for use upon a school bus, recorded video images and still photographic images must record the rear of the motor vehicle, with at least 1 photographic image and one recorded video image clearly recording the motor vehicle immediately before the violation of the stop arm traffic control sign and at least 1 photographic image and one recorded video image recording the motor vehicle passing the stopped school bus with the stop arm traffic control sign deployed in violation of the stop arm traffic control sign. Additionally, at least 1 photographic image and 1 recorded video image must clearly identify the license plate of the motor vehicle.

To the extent practicable, any automated road safety camera in use on a school bus shall use necessary technologies to ensure that photographs or recorded video images produced by the automated road safety camera system shall not include a frontal view photograph or video image of the motor vehicle that is in violation of the stop arm traffic control sign or images that identify the operator, the passengers, or the contents of the vehicle, but no notice of liability issued under this section shall be dismissed solely because a photograph or recorded video image allow for the identification of the operator, passengers, or contents of a vehicle as long as a reasonable effort has been made to comply with this paragraph"; and by inserting in line 255 the following new section: -

Section XX. Notwithstanding the provisions of section 9, in the case of automated road safety camera systems that are to be deployed solely for use upon a school bus, a city or town may enter an agreement that allows for alternative financing arrangements that may provide reimbursement of expenses to the private vendor or manufacturer for the installation, operation and maintenance of the school bus violation detection monitoring systems in operation and acknowledged by an agreement between the private vendor and the school department that has adopted this section. Unless modified by an agreement with a city or town, reimbursement shall be made from ticket revenue proceeds incurred under this section only if received as currently allocated under the laws of the Commonwealth for said citations so as to eliminate any cost to the city or town for installation, operation and maintenance of the school bus violation detection monitoring systems in its municipality.