Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3306 Compare Versions

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22 HOUSE DOCKET, NO. 2471 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 3306
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Paul J. Donato
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act concerning the safety of school children embarking and disembarking school buses.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Paul J. Donato35th Middlesex1/19/2023 1 of 14
1616 HOUSE DOCKET, NO. 2471 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 3306
1818 By Representative Donato of Medford, a petition (accompanied by bill, House, No. 3306) of
1919 Paul J. Donato relative to the safety of school children embarking and disembarking school
2020 buses. Transportation.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 3440 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act concerning the safety of school children embarking and disembarking school buses.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 14 of Chapter 90 of the General Laws is hereby amended by
3232 2inserting after section 14B the following section:-
3333 3 Section 14C. (a) In addition to other monitoring devices lawfully authorized to be
3434 4installed in school buses and notwithstanding any general or special law to the contrary, any city
3535 5or town within the Commonwealth is hereby authorized to install and operate live digital video
3636 6school bus violation detection monitoring systems for purpose of enforcing violations against the
3737 7owner of a motor vehicle whose vehicle failed to stop for a school bus when required to do so by
3838 8the provisions of Section 14. Such systems shall be limited to monitor and detect violations of
3939 9motorists failing to stop for a school bus. 2 of 14
4040 10 (b) (1) As used in this section, the following words shall have the following meanings:
4141 11“School bus violation detection monitoring system” a camera system that shall monitor and
4242 12detect motor vehicles overtaking or passing school buses when said buses are stopped and
4343 13displaying front and rear alternating flashing red signal lamps as provided in section seven B,
4444 14and which has been stopped to allow pupils to alight from or board the same. It shall be a system
4545 15with two or more camera sensors and computers that produce live digital and recorded video and
4646 162 or more film or digital photographic still images of each motor vehicle at the time it is used or
4747 17operated in a manner that is in violation of Section 14 of Chapter 90. “Stop arm traffic control
4848 18sign” a stop sign mounted on a mechanical arm installed on a school bus which is deployed when
4949 19a school bus is stopped to allow pupils to alight from or board the same and notify motorists
5050 20when it they are required to stop and when they can proceed. “Violation” the failure of an
5151 21operator of a motor vehicle to comply with the laws, codes, regulations, by-laws, ordinances,
5252 22rules or other forms of legislation governing the traffic control requirements for school buses
5353 23stopped to allow pupils to alight from or board same for which a school bus violation detection
5454 24monitoring system is installed and in operation.
5555 25 (2) All systems installed for use under this section shall produce an evidence file that
5656 26includes a live visual image viewable remotely, a recorded image of the license plate and be able
5757 27to record the date, time and location of the vehicle committing the violation. An affidavit shall be
5858 28signed by a person trained to observe and detect such violations who witnesses the violation via
5959 29live video provided by the school bus violation detection monitoring system.
6060 30 (3) Recorded video images and still photographic images must record the rear of the
6161 31motor vehicle, with at least 1 photographic image and one recorded video image clearly
6262 32recording the motor vehicle immediately before the violation of the stop arm traffic control sign 3 of 14
6363 33and at least 1 photographic image and one recorded video image recording the motor vehicle
6464 34passing the stopped school bus with the stop arm traffic control sign deployed in violation of the
6565 35stop arm traffic control sign. Additionally, at least 1 photographic image and 1 recorded video
6666 36image must clearly identify the license plate of the motor vehicle.
6767 37 (4) To the extent practicable, any school bus violation detection monitoring system shall
6868 38use necessary technologies to ensure that photographs or recorded video images produced by the
6969 39school bus violation detection monitoring system shall not include a frontal view photograph or
7070 40video image of the motor vehicle that is in violation of the stop arm traffic control sign or images
7171 41that identify the operator, the passengers, or the contents of the vehicle, but no notice of liability
7272 42issued under this section shall be dismissed solely because a photograph or recorded video image
7373 43allow for the identification of the operator, passengers, or contents of a vehicle as long as a
7474 44reasonable effort has been made to comply with this paragraph.
7575 45 (5) Any school bus installed with a school bus violation detection monitoring system
7676 46shall post warning signage indicating the use of such system. The signage shall remain on each
7777 47bus as long as a school bus violation detection monitoring system is in operation.
7878 48 (6) A penalty imposed for a violation of this section shall not be considered a criminal
7979 49conviction and shall not be considered a moving violation of the motor vehicle laws for the
8080 50purpose of determining surcharges on motor vehicle premiums pursuant to Section113B of
8181 51Chapter 175 although as provided in this section the violation shall be noted on the registered
8282 52owner or owner’s driving record.
8383 53 (7) The fines contained in this section and section 14 for a failure to stop for a school bus
8484 54shall be applied whether the violation is detected through the use of a school bus mounted 4 of 14
8585 55violation detection monitoring system or by a police officer on scene who issues a written
8686 56citation to the operator of the motor vehicle. Pursuant to the provisions of Section 2 of Chapter
8787 57280, all fines imposed for a violation of failing to stop for school bus in accordance with section
8888 5814 that is detected by a school bus violation detection monitoring system or by a police officer
8989 59who cites the operator in hand shall be paid over to the treasury of the city or town where the
9090 60offense was committed.
9191 61 (8) Wherever an agreement under this section is to take effect upon its acceptance by a
9292 62municipality or district, or is to be effective in municipalities or districts accepting its provisions,
9393 63this acceptance shall be, except as otherwise provided, in a municipality, by vote of the
9494 64legislative body, subject to the charter of the municipality, or, in a district, by vote of the district
9595 65at a district meeting. A city or town may enter into an agreement with a private vendor or
9696 66manufacturer to provide a school bus violation detection monitoring system on each bus within
9797 67its fleet whether owned or leased, up to and including the installation, operation and maintenance
9898 68of such systems. Compensation paid to the manufacturer or vendor of the school bus violation
9999 69detection monitoring system as authorized by this section shall not be based upon the revenue
100100 70generated by the use of such systems. The compensation paid to the manufacturer or vendor of
101101 71the equipment shall be based upon the value of the equipment installed and the recurring services
102102 72provided in support of the school bus violation detection monitoring systems including
103103 73processing of evidence files, cost of the technology provided and maintenance of such
104104 74technology. Said agreement shall only become effective after consent by the affected local or
105105 75regional school department, by vote of a majority of its governing school committee.
106106 76 (9) A city or town shall provide reimbursement of expenses to the private vendor or
107107 77manufacturer for the installation, operation and maintenance of the school bus violation detection 5 of 14
108108 78monitoring systems in operation and acknowledged by an agreement between the private vendor
109109 79and the school department that has adopted this section. Unless modified by an agreement with a
110110 80city or town, reimbursement shall be made from ticket revenue proceeds incurred under this
111111 81section only if received as currently allocated under the laws of the Commonwealth for said
112112 82citations so as to eliminate any cost to the city or town for installation, operation and
113113 83maintenance of the school bus violation detection monitoring systems in its municipality. Such
114114 84reimbursement shall be made to the private vendor or manufacturer within 45 days following the
115115 85submittal of request for cost reimbursement. Such reimbursement shall not exceed 50% of the
116116 86ticket revenue proceeds in any preceding period. If such violations occur on highways or roads
117117 87controlled by the Commonwealth, then reimbursement for installing, operating, and maintaining
118118 88school bus violation detection systems shall be permitted from the Commonwealth to the private
119119 89vendor from ticket proceeds pursuant to this section only.
120120 90 (c) (1) An evidence file of the alleged violation and the signed affidavit shall be
121121 91forwarded to a trained law enforcement officer in the jurisdiction who is trained to observe and
122122 92detect a violation for failure to stop for a stopped school bus allowing pupils to alight or board
123123 93the same. The officer shall issue a citation if he or she is satisfied that a violation was committed
124124 94under section 14 and the vehicle committing such violation can be identified from its registration
125125 95plate. A certificate, or a facsimile thereof sworn to or affirmed by a police officer or other law
126126 96enforcement officer authorized to issue motor vehicle citations for violations of traffic laws,
127127 97stating that based upon inspection of the evidence file produced by a school bus violation
128128 98detection monitoring system, the vehicle was in violation of this section, shall be prima facie
129129 99evidence of the facts contained therein. Any recorded video images or still photographic images
130130 100produced by a school bus violation detection monitoring system evidencing the violation shall be 6 of 14
131131 101available for inspection in any proceeding to adjudicate the liability for the violation adopted
132132 102under this section.
133133 103 A private vendor or manufacturer who has entered into an agreement with a city or town
134134 104to provide a school bus violation detection monitoring system shall receive data access to the
135135 105Registry of Motor Vehicles data base, for purposes of creating an evidence file and delivering the
136136 106citation to the registered owner of the offending vehicle.
137137 107 (2) In all prosecutions of civil traffic violations based on evidence obtained from a school
138138 108bus violation detection monitoring system the registered owner of the motor vehicle shall be
139139 109primarily responsible pursuant to the provisions of this chapter except as otherwise provided in
140140 110this section. In the event the registered owner of the vehicle operated in violation of this chapter
141141 111was not the operator of the vehicle at the time of the violation the registered owner of the vehicle
142142 112shall either (a) assume liability for the violation by paying the fine or; (b) upon written receipt of
143143 113the citation provide the issuing authority within 30 days of the date of issuance, the name,
144144 114address and registration number {license plate}of the operator of the vehicle who was
145145 115responsible along with a signed affidavit acknowledging such or; (c) defend the violation
146146 116pursuant to the procedures established for traffic violations under this section. A vehicle owned
147147 117or leased to a corporation that is identified by a school bus violation detection monitoring system
148148 118under this section shall be primarily responsible for a violation pursuant to section 14 even if a
149149 119person who normally operates the vehicle for the corporation denies that he or she was operating
150150 120the vehicle at the time of the violation although no entry shall be made on the person’s driving
151151 121record. (3) A penalty imposed may, if so provided in writing, be increased by up to 33 1/3% if
152152 122the penalty remains unpaid in excess of 45 days after a citation has been issued consistent with 7 of 14
153153 123the procedures established in this section and there has been no request for a hearing under
154154 124paragraph (3) of subsection (d).
155155 125 (d) (1) Upon the determination of a violation through the use of a school bus violation
156156 126detection monitoring system, it shall be the duty of the chief of police of the city or town, or any
157157 127designee of the chief, to issue the owner or owners of the vehicle a citation pursuant to the
158158 128provisions of Chapter 90C. The citation shall require the owner or owners to pay the fine amount
159159 129issued pursuant to section 14 or appear before the parking clerk not later than 30 days after the
160160 130date the citation was sent under the procedures established pursuant to violations under this
161161 131section. The citation shall be mailed to the address of the registered owner or owners as
162162 132contained in the registry or in records of the Department of Motor Vehicles in the jurisdiction in
163163 133which the vehicle is registered if other than the Commonwealth for any motor vehicle identified
164164 134by the school bus violation detection monitoring system as evidence of a violation of this section.
165165 135Citations shall be mailed by first class mail, post marked no later than 14 days after the date of
166166 136the alleged violation, inclusive of Sundays and holidays. In the case of any motor vehicle
167167 137registered under the laws of another state or country, if the address is unavailable, it shall be
168168 138sufficient to mail the citation to the official in the state or country having charge of the
169169 139registration of the motor vehicle. The citation shall be considered sufficient notice, and a
170170 140certificate of the chief of police or the chief’s designee mailing the citation stating that it has
171171 141been mailed in accordance with this section shall be deemed prima facie evidence thereof and
172172 142shall be admissible in any judicial or administrative proceeding as to the facts contained therein.
173173 143It shall be sufficient to commence a prosecution. The chief or the chief’s designee shall retain
174174 144and safely preserve a copy of the Citation and shall at a time no later than the beginning of the
175175 145next business day of the city or town after mailing to the owner or owners, deliver another copy 8 of 14
176176 146to the parking clerk before whom the owner or owners have been notified to appear. The parking
177177 147clerk shall maintain a docket of all such notices to appear. For purposes of this section, the date
178178 148of issuance shall be the date of mailing. The police officer issuing the citation shall certify that
179179 149the evidence obtained from the school bus violation detection monitoring system was sufficient
180180 150to demonstrate a violation of section 14. Such certification shall be sufficient in all prosecutions
181181 151pursuant to this section to justify the entry of a default judgment in all cases where the citation is
182182 152not answered within the time period permitted under this section. The citation issued by the
183183 153trained law enforcement officer in the jurisdiction shall contain but not be limited to the
184184 154following information: (i) a citation for the violation, which shall include the name and address
185185 155of the person or persons liable as an owner or owners of the motor vehicle for the violation of
186186 156this section, the registration number and state of issuance of the registration number of the
187187 157vehicle involved in the violation, the date, time and location of the violation, the specific
188188 158violation charged, the amount of the penalty for the violation, and the date by which the penalty
189189 159shall be paid; (ii) a copy of two or more still photographs, microphotographs, video or other
190190 160recorded images showing the vehicle in violation of the stop arm traffic sign; (iii) a copy of the
191191 161certificate or affidavit of the police officer under paragraph (1) of subsection (c); (iv) a statement
192192 162that recorded video images and photographic images are evidence of a violation of section 14;
193193 163(v) a schedule of fines for the violation as established by the Commonwealth; (vi) instructions
194194 164for the return of the citation notice including but not limited to the following text:— “This notice
195195 165and the required payment may be returned in person, by mail, or by a duly authorized agent. A
196196 166hearing to contest liability may be obtained upon the written request of the registered owner.
197197 167Failure to pay the penalty or to contest liability within 30 days of issuance of this notice is an
198198 168admission of liability and may result in a default judgment being entered against the owner to 9 of 14
199199 169whom the violation has been issued and/or non-renewal or suspension of the license to drive and
200200 170the certificate of registration of the registered owner.”; (vii) an affidavit form approved by the
201201 171parking clerk for the purpose of complying with paragraph (5);and (viii) a statement explaining
202202 172the procedure to adjudicate the violation by mail under paragraph (6) .
203203 173 (2) Any person notified to appear before the parking clerk, as provided in this section,
204204 174may appear before the parking clerk, or his designee, and confess the offense charged, either
205205 175personally or through a duly authorized agent or by mailing to the parking clerk the notice
206206 176accompanied by the fine provided therein, such payment to be made only by postal note, money
207207 177order or check made out to the parking clerk. Payment of the penalty established shall operate as
208208 178a final disposition of the case.
209209 179 (3) Except as expressly provided, all prosecutions based on evidence produced by a
210210 180school bus violation detection monitoring system shall follow the procedures of this section.
211211 181Notwithstanding the installation and use of a live digital video school bus violation detection
212212 182monitoring system on a school bus, a trained police officer in whose presence of motorist failing
213213 183to stop for a stopped school bus as required under section 14, may issue a citation at the scene to
214214 184the operator of such vehicle for such violation pursuant to section 14. An owner of a vehicle shall
215215 185not be liable for a citation as a result of a school bus violation detection monitoring system if the
216216 186operator of the vehicle was cited directly by a police officer at the scene of the violation.
217217 187 (4) Should any person notified to appear hereunder fail to appear and, if a penalty is
218218 188provided hereunder, to pay the same, or if the person requests a hearing to contest liability, the
219219 189parking clerk shall forthwith schedule the matter before a person referred to in this section as a
220220 190hearing officer. The hearing officer shall be the parking clerk of the city or town in which the 10 of 14
221221 191violation occurred or any other person or persons that the parking clerk may designate. Written
222222 192notice of the date, time and place of the hearing shall be sent by first-class mail to the registered
223223 193owner or owners. The hearing shall be informal, the rules of evidence shall not apply and the
224224 194decision of the hearing officer shall be final subject to judicial review as provided by Section 14
225225 195of Chapter 30A. Within 21 days of the hearing, the hearing officer shall send by first class mail
226226 196to the registered owner or owners the decision of the hearing officer, including the reasons for
227227 197the outcome.
228228 198 (5) Any owner to whom a citation has been issued shall not be liable for a violation of
229229 199this section (a) if the violation was necessary to allow the passage of an emergency vehicle; (b) if
230230 200the violation was necessary in order to protect the property or person of another; (c) if the
231231 201violation was incurred while participating in a funeral procession; (d) if the violation was
232232 202incurred during a period of time in which the motor vehicle was reported to the police
233233 203department of any state, city or town as having been stolen and had not been recovered before
234234 204the time the violation occurred; (e) if the operator of the motor vehicle was operating the motor
235235 205vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing
236236 206company; (f) if the operator of the motor vehicle was convicted of the underlying violation under
237237 207a citation issued in accordance with Section 2 of Chapter 90C; (g) if the violation was necessary
238238 208to comply with an order of a law enforcement officer or of a flagger directing traffic flow; or (h)
239239 209if the vehicle was subject to the exceptions granted to an authorized emergency vehicle under
240240 210Section 7B of Chapter 89. An owner disputing a violation under this subsection shall, within 30
241241 211days of issuance of the notice, provide the parking clerk with an affidavit signed under the pains
242242 212and penalties of perjury in a form approved by the parking clerk, as provided for in clause (vii)
243243 213of paragraph (1) of this subsection stating (1) the reason for disputing the violation; (2) the full 11 of 14
244244 214legal name and address of the owner of the motor vehicle; (3) the names and addresses of all
245245 215witnesses supporting the owner’s defense and the specifics of their knowledge; and where
246246 216applicable (4) the signed statements from witnesses. The affidavit shall be filed with the request
247247 217for a hearing.
248248 218 (6) Any person notified to appear before the parking clerk, as provided in this paragraph,
249249 219may without waiving his right to a hearing before the parking clerk or hearing officer as provided
250250 220by this subsection, and also without waiving judicial review under Section 14 of Chapter 30A,
251251 221challenge the validity of the citation and receive a review and disposition of the violation from
252252 222the parking clerk or a hearing officer by mail. The owner may, upon receipt of the citation, send
253253 223a signed statement explaining his objections to the violation notice as well as signed statements
254254 224from witnesses, police officers, government officials and any other relevant parties. Photographs,
255255 225diagrams, maps and other documents may also be sent with the statements. Any statements or
256256 226materials sent to the parking clerk for review shall have attached the person’s name and address
257257 227as well as the citation number and the date of the violation. The parking clerk or hearing officer
258258 228shall, within 21 days of receipt of this material, review the material and dismiss or uphold the
259259 229violation and notify, by mail, the owner or owners of the disposition of the written review. If the
260260 230outcome of the written review is adverse to the owner or owners, the parking clerk or hearing
261261 231officer shall explain the reasons for the outcome on the notice. The review and disposition
262262 232handled by mail shall be informal, the rules of evidence shall not apply, and the decision of the
263263 233parking clerk or hearing officer based upon the written materials shall be final, unless the owner
264264 234invokes the hearing provisions under this section or judicial review under Section 14 of Chapter
265265 23530A. 12 of 14
266266 236 (7) If any person fails to appear before the hearing officer in accordance with the notice,
267267 237or fails to receive a favorable adjudication of the hearing from a hearing officer and fails to pay
268268 238the fine within 30 days of the date that the hearing officer has mailed notice of the decision of the
269269 239hearing officer, the parking clerk shall notify the registrar of motor vehicles, who shall place the
270270 240matter on record. Upon notification to the registrar of 2 or more citations under this section or
271271 241section 14 from the parking clerk of the city or town, or state authorities or agencies, the registrar
272272 242shall not issue or renew or may suspend the owner’s license to operate a motor vehicle or motor
273273 243vehicle registration until after notification from the parking clerk of each city, agency or
274274 244authority, from whom the registrar received notification, that all fines, taxes and penalties owed
275275 245by the owner under this section have been disposed of in accordance with law. Upon such
276276 246notification to the registrar, an additional charge of $20 payable to the registrar but collected by
277277 247the city or town, and an additional charge of $20 payable to and collected by the city or town,
278278 248shall be assessed against the registered owner of the motor vehicle. It shall be the duty of the
279279 249parking clerk to notify the registrar forthwith that the case has been so disposed, but certified
280280 250receipt of full and final payment from the parking clerk of the city or town, or state agency or
281281 251authority issuing the violation shall also serve as legal notice to the registrar that the violation has
282282 252been disposed of in accordance with law. The certified receipt shall be printed in a form
283283 253approved by the registrar of motor vehicles.
284284 254 (8) Upon the accumulation by an owner of 2 or more outstanding citations under this
285285 255section or section 14 on account of violations of any statute, ordinance, order, rule or regulation
286286 256relating to the operation, control or parking of motor vehicles in a particular city or town,
287287 257notwithstanding any notification to the registrar, the parking clerk of the city or town may notify
288288 258the chief of police or director of traffic and parking of the city or town that the vehicle bearing 13 of 14
289289 259the registration to which the notices have been issued shall be removed and stored or otherwise
290290 260immobilized by a mechanical device at the expense of the registered owner of the vehicle until
291291 261all fines, taxes and penalties owed by the owner either under this section, or otherwise arising out
292292 262of the parking or usage of the owner’s motor vehicle, have been disposed of in accordance with
293293 263law. No vehicle shall be removed, stored, or otherwise immobilized unless the owner of the
294294 264motor vehicle shall have received 10 days prior notification by mail that the motor vehicle may
295295 265be removed, stored, or immobilized without further notification. It shall be sufficient for the
296296 266parking clerk to mail, postage prepaid, the notification to the last known address of the registered
297297 267owner. It shall be sufficient for the parking clerk, in the case of a motor vehicle registered in
298298 268another state or country, to mail notification to the official in the state or country having charge
299299 269of the registration of the motor vehicle.
300300 270 (e)(1) Other than for purposes of enforcement of a violation of this section and section 14
301301 271or for purposes of an owner defending a violation of this section, recorded video images and
302302 272photographs taken or created under this section may only be obtained under an order by a court
303303 273of competent jurisdiction.
304304 274 (2) All recorded video images and other photographic information obtained through the
305305 275use of school bus violation detection monitoring systems authorized in this section that do not
306306 276identify a violation shall be destroyed by any city, town, school department or vendor within 30
307307 277days of the date the image was recorded, unless otherwise ordered by a court of competent
308308 278jurisdiction. All photographic and other recorded information that identifies a violation shall be
309309 279destroyed within 1 year of final disposition of proceedings related to the enforcement or defense
310310 280of a violation, unless otherwise ordered by a court of competent jurisdiction. Each city, town,
311311 281school department, and vendor under agreement utilizing 1 or more school bus violation 14 of 14
312312 282detection monitoring systems shall file notice attested under penalties of perjury annually within
313313 28330 days of the close of the fiscal year with the secretary of state that these records have been
314314 284destroyed in accordance with this paragraph. All recorded video, audio and other photographic
315315 285information, however stored or retained, which is obtained through systems authorized in this
316316 286section are the property of the municipality under agreement with a vendor and may not be used
317317 287by a vendor for any other purposes; upon the expiration of any agreement authorized under this
318318 288section, all of said video, audio, and/or other photographic information shall be delivered within
319319 28930 days to the particular municipality unless otherwise ordered by a court of competent
320320 290jurisdiction.
321321 291 (3) The administrator of the school bus violation detection monitoring system within any
322322 292city or town accepting this section shall also submit an annual report to the Massachusetts
323323 293Department of Transportation regarding the use and operation of the monitoring system. This
324324 294annual report shall contain data on the number of citations issued under this section at each
325325 295particular intersection, and of those citations, shall detail the number paid without a request for a
326326 296hearing; the number found responsible after a hearing; and the number dismissed after a hearing.
327327 297In addition, the report shall also include the cost to maintain each said monitoring system and the
328328 298amount of revenue obtained from each said monitoring system.