KS
Kansas House Bill HB2137

Kansas 2025-2026 Regular Session

Kansas House Bill HB2137 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2137
33 By Committee on Education
44 Requested by Representative Schreiber
55 1-28
66 AN ACT concerning school buses; relating to school bus safety; illegal
77 passing of school buses; authorizing the department of education to
88 contract with a private vendor for the installation, operation and
99 maintenance of stop signal arm video recording devices; establishing
1010 procedures for violations and civil penalties therefor; requiring an
1111 annual report to the legislature.
1212 Be it enacted by the Legislature of the State of Kansas:
1313 Section 1. (a) (1) The department of education shall create policies
1414 and procedures to contract with a private vendor for the installation,
1515 operation and maintenance of stop signal arm video recording devices, to
1616 capture motor vehicles operating in violation of K.S.A. 8-1556, and
1717 amendments thereto, and to allow the department of education to assess
1818 civil penalties pursuant to this section.
1919 (2) Before allowing a private vendor to install stop signal arm video
2020 recording devices on school buses, the board of education of a school
2121 district shall adopt a resolution specifying the board's intent to work with
2222 the private vendor designated by the department of education to capture
2323 motor vehicles operating in violation of K.S.A. 8-1556, and amendments
2424 thereto, and to allow the department of education to assess civil penalties
2525 pursuant to this section. A resolution adopted pursuant to this subsection
2626 shall require a majority vote of the members of the board of education.
2727 (3) An agreement between the department of education and a private
2828 vendor pursuant to this subsection shall:
2929 (A) Specify the compensation owed to the vendor for the installation,
3030 operation and maintenance of the stop signal arm video recording devices
3131 and the cost of the equipment and for the expenses associated with any
3232 other services necessary for the operation of stop signal arm video
3333 recording devices; and
3434 (B) contain data reporting requirements that the private vendor shall
3535 provide to the department of education, including the total number of
3636 notices issued as a result of a violation captured and recorded by the stop
3737 signal arm video recording device and the total amount of civil penalties
3838 issued from such notices.
3939 (4) Civil penalties collected pursuant to this section shall be remitted
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7575 by the department of education to the state treasurer in accordance with the
7676 provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
7777 each such remittance, the state treasurer shall credit the entire amount to
7878 the school bus safety and education fund, which is hereby created in the
7979 state treasury and shall be administered by the department of education.
8080 Expenditures from the school bus safety and education fund may be made
8181 for the purposes of covering expenses for work by a private vendor related
8282 to the installation, operation and maintenance of stop signal arm video
8383 recording devices, verifying violations captured by stop signal arm video
8484 recording devices, educating the public on the dangers of violating K.S.A.
8585 8-1556, and amendments thereto, and to alert the public of the
8686 consequences for violations captured by stop signal arm video recording
8787 devices. All expenditures from the school bus safety and education fund
8888 shall be made in accordance with appropriation acts upon warrants of the
8989 director of accounts and reports issued pursuant to vouchers approved by
9090 the department of education or the department of education's designee.
9191 (b) (1) Whenever a violation of K.S.A. 8-1556, and amendments
9292 thereto, is detected by the private vendor from recorded images captured
9393 by a stop signal arm recording device, the alleged violation shall be
9494 forwarded to the Kansas highway patrol and reviewed and verified by a
9595 designated official working under the supervision of the Kansas highway
9696 patrol.
9797 (2) The information reviewed by the Kansas highway patrol's
9898 designated official to verify alleged violations pursuant to subsection (b)
9999 (1) shall include the following:
100100 (A) Recorded images of the alleged violation;
101101 (B) the location where the alleged violation occurred;
102102 (C) an image of the vehicle involved in the alleged violation; and
103103 (D) an image of the registration plate of the vehicle involved in the
104104 alleged violation.
105105 (3) Recorded images showing a vehicle operating in violation of
106106 K.S.A. 8-1556, and amendments thereto, shall be prima facie evidence that
107107 a violation occurred.
108108 (4) If the designated official verifying an evidence file determines
109109 that a violation of K.S.A. 8-1556, and amendments thereto, has occurred, a
110110 notice of violation shall be issued by the department of education to the
111111 registered owner of the vehicle in the recorded images. A notice of
112112 violation shall be sent to the registered vehicle owner's last known address
113113 by first class mail within 14 calendar days from the date the violation
114114 occurred. Such notice shall include:
115115 (A) The information collected pursuant to subsection (b)(2);
116116 (B) the amount of the civil penalty and the date by which such
117117 penalty shall be paid;
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161161 (C) a signed affidavit by the party who verified the violation from the
162162 evidence file;
163163 (D) information advising the registered owner on the appeal process
164164 to contest the captured violation; and
165165 (E) a warning listing additional penalties for failure to pay the civil
166166 penalty or file an appeal in a timely manner.
167167 (c) (1) The penalty for a violation of K.S.A. 8-1556, and amendments
168168 thereto, recorded by a stop signal arm video recording device shall be a
169169 civil penalty of $250.
170170 (2) If the registered owner of a vehicle fails to pay the civil penalty
171171 for a violation of K.S.A. 8-1556, and amendments thereto, captured by a
172172 stop signal arm video recording device, the department of education is
173173 authorized to inform the division of vehicles of such failure. The division
174174 of vehicles may be instructed by the department of education to require
175175 payment of any civil penalties due and owing to the department of
176176 education at the time of registration or renewal of registration or otherwise
177177 to refuse to register or renew the registration of the vehicle, as set forth in
178178 K.S.A. 8-173, and amendments thereto, of the registered owner or owners,
179179 until those civil penalties are paid to the satisfaction of the department of
180180 education.
181181 (3) The registered owner of a vehicle is presumed to be the driver
182182 responsible for any violation of K.S.A. 8-1556, and amendments thereto,
183183 captured by a stop signal arm video recording device. The registered
184184 owner of a vehicle may contest that such owner was the driver of the
185185 vehicle by appealing the notice of violation to the department of education
186186 within 15 business days and providing sufficient evidence for an available
187187 defense. Defenses available for the registered owner include that:
188188 (A) At the time of the violation, the vehicle was stolen;
189189 (B) at the time of the violation, the registration plate or registration
190190 decal for the vehicle was stolen;
191191 (C) the registered owner of the vehicle was already charged with a
192192 traffic infraction for violation of K.S.A. 8-1556, and amendments thereto,
193193 for the same incident; or
194194 (D) at the time of the violation, the vehicle was sold or the registered
195195 owner otherwise no longer owned the vehicle.
196196 (4) Upon receipt of a contest from the registered owner, the
197197 department of education shall investigate the contest and within 30
198198 business days shall either dismiss the violation or confirm the violation. A
199199 registered owner may thereafter pay the specified civil penalty or contest
200200 the findings and conclusions of the department of education by requesting
201201 an administrative hearing within 15 business days of receipt of the notice
202202 of violation pursuant to the Kansas administrative procedure act.
203203 (A) The administrative hearing shall be conducted in accordance with
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247247 the provisions of the Kansas administrative procedure act.
248248 (B) Any party may appeal the administrative hearing order to the
249249 district court in accordance with the provisions of the Kansas judicial
250250 review act.
251251 (d) (1) Recorded images made for purposes of this section shall be
252252 released by the department of education or private vendor to the following:
253253 (A) The registered owner of the vehicle captured in the recorded
254254 images, upon request by such owner;
255255 (B) a court or person as directed by a valid court order or subpoena;
256256 or
257257 (C) a Kansas law enforcement agency for investigation purposes
258258 connected with alleged violations of K.S.A. 8-1556, and amendments
259259 thereto, upon request by such agency.
260260 (2) Recorded images that capture no violation of K.S.A. 8-1556, and
261261 amendments thereto, shall be retained for not longer than 28 business days.
262262 After 28 business days, the recorded images showing no violation shall be
263263 destroyed or disposed of by the department of education or private vendor
264264 responsible for identifying violations. Recorded images that capture
265265 violations of K.S.A. 8-1556, and amendments thereto, shall be retained by
266266 the party responsible for issuing notices of violations until the case is
267267 closed. At such time that the case is closed, recorded images of the
268268 violation shall be destroyed or disposed of.
269269 (3) Recorded images made for purposes of this section shall not be
270270 subject to the open records act, K.S.A. 45-215 et seq., and amendments
271271 thereto. The provisions of this paragraph shall expire on July 1, 2028,
272272 unless the legislature reviews and acts to continue this provision pursuant
273273 to K.S.A. 45-229, and amendments thereto, prior to July 1, 2028.
274274 (e) The department of education shall make an annual report to the
275275 legislature detailing the total number of violations captured, the total
276276 number of notices issued and the total amount of civil penalties collected
277277 from such violations. The reports shall be published on the department of
278278 education's website with a link to such reports.
279279 (f) As used in this section:
280280 (1) "Closed" means when the payment of the civil penalty has been
281281 satisfied, the penalty or violation has been barred, the time for appeal has
282282 expired or all appeals have been terminated.
283283 (2) "Designated official" means a certified Kansas law enforcement
284284 officer or a retired law enforcement officer who was in good standing at
285285 the time of retirement and whose certification was not suspended, revoked
286286 or surrendered at the time of retirement or any time subsequent to
287287 retirement.
288288 (3) "Recorded images" means photographic, digital or video images
289289 recorded by a stop signal arm video recording device that provide:
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333333 (A) A clear view of a vehicle passing a school bus on either side;
334334 (B) the date and time that the recording was made; and
335335 (C) an electronic symbol confirming the activation of amber lights,
336336 flashing red lights, stop signal arms fully extended and brakes.
337337 (4) "Stop signal arm video recording device" means a camera or
338338 cameras installed on a school bus stop signal arm that is capable of
339339 producing recorded images.
340340 Sec. 2. This act shall take effect and be in force from and after its
341341 publication in the statute book.
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