MA
Massachusetts House Bill H3336

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3336 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 HOUSE DOCKET, NO. 1925 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 3336
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kevin G. Honan
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 children on school buses.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Kevin G. Honan17th Suffolk1/18/2023Thomas P. Walsh12th Essex1/19/2023Patricia A. Haddad5th Bristol3/2/2023 1 of 14
1616 HOUSE DOCKET, NO. 1925 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 3336
1818 By Representative Honan of Boston, a petition (accompanied by bill, House, No. 3336) of Kevin
1919 G. Honan, Thomas P. Walsh and Patricia A. Haddad relative to the safety of children on school
2020 buses. Transportation.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act concerning the safety of children on school buses.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 14 of Chapter 90 of the General Laws is hereby amended by
3030 2inserting after section 14B the following section:-
3131 3 Section 14C. (a) In addition to other monitoring devices lawfully authorized to be
3232 4installed in school buses and notwithstanding any general or special law to the contrary, any city
3333 5or town within the Commonwealth is hereby authorized to install and operate digital video
3434 6school bus violation detection monitoring systems for purpose of enforcing violations against the
3535 7owner of a motor vehicle whose vehicle failed to stop for a school bus when required to do so by
3636 8the provisions of Section 14. Such systems shall be limited to monitor and detect violations of
3737 9motorists failing to stop for a school bus.
3838 10 (b) (1) As used in this section, the following words shall have the following meanings:
3939 11 “School bus violation detection monitoring system”, a camera system that shall monitor
4040 12and detect motor vehicles overtaking or passing school buses when said buses are stopped and 2 of 14
4141 13displaying front and rear alternating flashing red signal lamps as provided in section seven B,
4242 14and that has been stopped to allow pupils to alight from or board the same. It shall be a system
4343 15with two or more camera sensors and computers that produce digital and recorded video and 2 or
4444 16more film or digital photographic still images of each motor vehicle at the time it is used or
4545 17operated in a manner that is in violation of Section 14 of Chapter 90.
4646 18 “Stop arm traffic control sign”, a stop sign mounted on a mechanical arm installed on a
4747 19school bus that is deployed when a school bus is stopped to allow pupils to alight from or board
4848 20the same and notify motorists when they are required to stop and when they can proceed.
4949 21 “Violation”, the failure of an operator of a motor vehicle to comply with the laws, codes,
5050 22regulations, by-laws, ordinances, rules or other forms of legislation governing the traffic control
5151 23requirements for school buses stopped to allow pupils to alight from or board same for which a
5252 24school bus violation detection monitoring system is installed and is in operation.
5353 25 (2)All systems installed for use under this section shall produce an evidence file that
5454 26includes a visual image viewable remotely, a recorded image of the license plate and the capacity
5555 27to record the date, time and location of the vehicle committing the violation. A law enforcement
5656 28officer, or law enforcement’s approved technician, shall review the video and decide whether a
5757 29violation occurred.
5858 30 (3)Recorded video images and still photographic images must record the rear of the
5959 31motor vehicle, with at least 1 photographic image and 1 recorded video image clearly recording
6060 32the motor vehicle immediately before the violation of the stop arm traffic control sign and at
6161 33least 1 photographic image and 1 recorded video image recording the motor vehicle passing the
6262 34stopped school bus with the stop arm traffic control sign deployed in violation of the stop arm 3 of 14
6363 35traffic control sign. Additionally, at least 1 photographic image and 1 recorded video image must
6464 36clearly identify the license plate of the motor vehicle.
6565 37 (4)Any school bus installed with a school bus violation detection monitoring system
6666 38shall post warning signage indicating the use of such system. The signage shall remain on each
6767 39bus as long as a school bus violation detection monitoring system is in operation.
6868 40 (5)A penalty imposed for a violation of this section shall not be considered a
6969 41criminal conviction and shall not be considered a moving violation of the motor vehicle laws for
7070 42the purpose of determining surcharges on motor vehicle premiums pursuant to Section113B of
7171 43Chapter 175 although as provided in this section the violation shall be noted on the registered
7272 44owner or owner’s driving record.
7373 45 (6)The fines contained in this section and section 14 for a failure to stop for a school
7474 46bus shall be applied whether the violation is detected through the use of a school bus mounted
7575 47violation detection monitoring system or by a police officer on scene who issues a written
7676 48citation to the operator of the motor vehicle. Pursuant to the provisions of Section 2 of Chapter
7777 49280, all fines imposed for a violation of failing to stop for school bus in accordance with section
7878 5014 that is detected by a school bus violation detection monitoring system or by a police officer
7979 51who cites the operator in hand shall be paid over to the treasury of the city or town where the
8080 52offense was committed.
8181 53 (7)Wherever an agreement under this section is to take effect upon its acceptance by
8282 54a municipality or district, or is to be effective in municipalities or districts accepting its
8383 55provisions, this acceptance shall be, except as otherwise provided, in a municipality, by vote of
8484 56the legislative body, subject to the charter of the municipality, or, in a district, by vote of the 4 of 14
8585 57district at a district meeting. A city or town may enter into an agreement with a private vendor or
8686 58manufacturer to provide a school bus violation detection monitoring system on each bus within
8787 59its fleet whether owned or leased, up to and including the installation, operation and maintenance
8888 60of such systems. The compensation paid to the manufacturer or vendor of the equipment shall be
8989 61based upon the value of the equipment installed and the recurring services provided in support of
9090 62the school bus violation detection monitoring systems including processing of evidence files,
9191 63cost of the technology provided and maintenance of such technology. Said agreement shall only
9292 64become effective after consent by the affected local or regional school department, by vote of a
9393 65majority of its governing school committee.
9494 66 (8)A city or town shall provide reimbursement of expenses to the private vendor or
9595 67manufacturer for the installation, operation and maintenance of the school bus violation detection
9696 68monitoring systems in operation and acknowledged by an agreement between the private vendor
9797 69and the school department that has adopted this section. Unless modified by an agreement with a
9898 70city or town, reimbursement shall be made from ticket revenue proceeds incurred under this
9999 71section only if received as currently allocated under the laws of the Commonwealth for said
100100 72citations so as to eliminate any cost to the city or town for installation, operation and
101101 73maintenance of the school bus violation detection monitoring systems in its municipality. Such
102102 74reimbursement shall be made to the private vendor or manufacturer within 45 days following the
103103 75submittal of request for cost reimbursement. If such violations occur on highways or roads
104104 76controlled by the Commonwealth, then reimbursement for installing, operating, and maintaining
105105 77school bus violation detection systems shall be permitted from the Commonwealth to the private
106106 78vendor from ticket proceeds pursuant to this section only. 5 of 14
107107 79 (c)(1) After signing a contract with a school district or municipality, the vendor may
108108 80obtain limited access to the RMV for the sole purpose of facilitating the mounting of evidence
109109 81for the Commonwealth Police Departments by obtaining the following information: The name,
110110 82the address, the model and the year of the owner of the vehicle who committed the offense. The
111111 83vendor will have to apply a strict security protocol for the data protection obtained. Among the
112112 84obligations of the vendor, must keep up to date every 6 months, a background check of all
113113 85employees with who access the information, secure with controlled access to the editing room of
114114 86the evidence and maintain encrypted data transmission networks. The vendor must provide an
115115 87audit by an independent agency on the tracking of these protocols annually and provided it to the
116116 88Commonwealth Committee of Transportation. Failure to comply with this article will result in
117117 89immediate suspension of access to the RMV for a period of 12 months.
118118 90 (2)An evidence file of the alleged violation and the signed affidavit shall be
119119 91forwarded to a trained law enforcement officer in the jurisdiction who is trained to observe and
120120 92detect a violation for failure to stop for a stopped school bus allowing pupils to alight or board
121121 93the same. The officer shall issue a citation if he or she is satisfied that a violation was committed
122122 94under section 14 and the vehicle committing such violation can be identified from its registration
123123 95plate. A certificate, or a facsimile thereof sworn to or affirmed by a police officer or other law
124124 96enforcement officer authorized to issue motor vehicle citations for violations of traffic laws,
125125 97stating that based upon inspection of the evidence file produced by a school bus violation
126126 98detection monitoring system, the vehicle was in violation of this section, shall be prima facie
127127 99evidence of the facts contained therein. Any recorded video images or still photographic images
128128 100produced by a school bus violation detection monitoring system evidencing the violation shall be 6 of 14
129129 101available for inspection in any proceeding to adjudicate the liability for the violation adopted
130130 102under this section.
131131 103 (3)In all prosecutions of civil traffic violations based on evidence obtained from a
132132 104school bus violation detection monitoring system the registered owner of the motor vehicle shall
133133 105be primarily responsible pursuant to the provisions of this chapter except as otherwise provided
134134 106in this section. In the event the registered owner of the vehicle operated in violation of this
135135 107chapter was not the operator of the vehicle at the time of the violation the registered owner of the
136136 108vehicle shall (i) assume liability for the violation by paying the fine; (ii) upon written receipt of
137137 109the citation, provide the issuing authority within 30 days of the date of issuance, the name,
138138 110address, registration number and license plate of the operator of the vehicle who was responsible
139139 111along with a signed affidavit acknowledging such; or (iii) defend the violation pursuant to the
140140 112procedures established for traffic violations under this section. A vehicle owned or leased to a
141141 113corporation that is identified by a school bus violation detection monitoring system under this
142142 114section shall be primarily responsible for a violation pursuant to section 14 even if a person who
143143 115normally operates the vehicle for the corporation denies that he or she were operating the vehicle
144144 116at the time of the violation although no entry shall be made on the person’s driving record.
145145 117 (4)A penalty imposed may, if so provided in writing, be increased by up to 33 1/3%
146146 118if the penalty remains unpaid in excess of 45 days after a citation has been issued consistent with
147147 119the procedures established in this section and there has been no request for a hearing under
148148 120paragraph (3) of subsection (d).
149149 121 (d)(1) Upon the determination of a violation through the use of a school bus violation
150150 122detection monitoring system, it shall be the duty of the chief of police of the city or town, or any 7 of 14
151151 123designee of the chief, to issue the owner or owners of the vehicle a citation pursuant to the
152152 124provisions of Chapter 90C. The citation shall require the owner or owners to pay the fine amount
153153 125issued pursuant to section 14 or appear before the parking clerk not later than 30 days after the
154154 126date the citation was sent under the procedures established pursuant to violations under this
155155 127section. The citation shall be mailed to the address of the registered owner or owners as
156156 128contained in the registry or in records of the Department of Motor Vehicles in the jurisdiction in
157157 129which the vehicle is registered if other than the Commonwealth for any motor vehicle identified
158158 130by the school bus violation detection monitoring system as evidence of a violation of this section.
159159 131Citations shall be mailed by first class mail, postmarked no later than 14 days after the date of
160160 132the alleged violation, inclusive of Sundays and holidays. In the case of any motor vehicle
161161 133registered under the laws of another state or country, if the address is unavailable, it shall be
162162 134sufficient to mail the citation to the official in the state or country having charge of the
163163 135registration of the motor vehicle. The citation shall be considered sufficient notice, and a
164164 136certificate of the chief of police or the chief’s designee mailing the citation stating that it has
165165 137been mailed in accordance with this section shall be deemed prima facie evidence thereof and
166166 138shall be admissible in any judicial or administrative proceeding as to the facts contained therein.
167167 139The citation shall be sufficient to commence a prosecution. The chief or the chief’s designee
168168 140shall retain and safely preserve a copy of the citation and shall at a time no later than the
169169 141beginning of the next business day of the city or town after mailing to the owner or owners,
170170 142deliver another copy to the parking clerk before whom the owner or owners have been notified to
171171 143appear. The parking clerk shall maintain a docket of all such notices to appear. For purposes of
172172 144this section, the date of issuance shall be the date of mailing. The police officer issuing the
173173 145citation shall certify that the evidence obtained from the school bus violation detection 8 of 14
174174 146monitoring system was sufficient to demonstrate a violation of section 14. Such certification
175175 147shall be sufficient in all prosecutions pursuant to this section to justify the entry of a default
176176 148judgment in all cases where the citation is not answered within the time period permitted under
177177 149this section. The citation issued by the trained law enforcement officer in the jurisdiction shall
178178 150contain but not be limited to the following information: (i) a citation for the violation, which
179179 151shall include the name and address of the person or persons liable as an owner or owners of the
180180 152motor vehicle for the violation of this section, the registration number and state of issuance of the
181181 153registration number of the vehicle involved in the violation, the date, time and location of the
182182 154violation, the specific violation charged, the amount of the penalty for the violation, and the date
183183 155by which the penalty shall be paid; (ii) a copy of two or more still photographs,
184184 156microphotographs, video or other recorded images showing the vehicle in violation of the stop
185185 157arm traffic sign; (iii) a copy of the certificate or affidavit of the police officer under paragraph (1)
186186 158of subsection (c); (iv) a statement that recorded video images and photographic images are
187187 159evidence of a violation of section 14; (v) a schedule of fines for the violation as established by
188188 160the Commonwealth; (vi) instructions for the return of the citation notice including but not limited
189189 161to the following text:— “This notice and the required payment may be returned in person, by
190190 162mail, or by a duly authorized agent. A hearing to contest liability may be obtained upon the
191191 163written request of the registered owner. Failure to pay the penalty or to contest liability within 30
192192 164days of issuance of this notice is an admission of liability and may result in a default judgment
193193 165being entered against the owner to whom the violation has been issued and/or non-renewal or
194194 166suspension of the license to drive and the certificate of registration of the registered owner.”;
195195 167(vii) an affidavit form approved by the parking clerk for the purpose of complying with 9 of 14
196196 168paragraph (5); and (viii) a statement explaining the procedure to adjudicate the violation by mail
197197 169under paragraph (6).
198198 170 (2)Any person notified to appear before the parking clerk, as provided in this section,
199199 171may appear before the parking clerk, or his designee, and confess the offense charged, either
200200 172personally or through a duly authorized agent or by mailing to the parking clerk the notice
201201 173accompanied by the fine provided therein, such payment to be made only by postal note, money
202202 174order or check made out to the parking clerk. Payment of the penalty established shall operate as
203203 175a final disposition of the case.
204204 176 (3)Except as expressly provided, all prosecutions based on evidence produced by a
205205 177school bus violation detection monitoring system shall follow the procedures of this section.
206206 178Notwithstanding the installation and use of a digital video school bus violation detection
207207 179monitoring system on a school bus, a trained police officer in whose presence of motorist failing
208208 180to stop for a stopped school bus as required under section 14, may issue a citation at the scene to
209209 181the operator of such vehicle for such violation pursuant to section 14. An owner of a vehicle shall
210210 182not be liable for a citation as a result of a school bus violation detection monitoring system if the
211211 183operator of the vehicle were cited directly by a police officer at the scene of the violation.
212212 184 (4)Should any person notified to appear hereunder fail to appear and, if a penalty is
213213 185provided hereunder, to pay the same, or if the person requests a hearing to contest liability, the
214214 186parking clerk shall forthwith schedule the matter before a person referred to in this section as a
215215 187hearing officer. The hearing officer shall be the parking clerk of the city or town in which the
216216 188violation occurred or any other person or persons that the parking clerk may designate. Written
217217 189notice of the date, time and place of the hearing shall be sent by first-class mail to the registered 10 of 14
218218 190owner or owners. The hearing shall be informal, the rules of evidence shall not apply and the
219219 191decision of the hearing officer shall be final subject to judicial review as provided by Section 14
220220 192of Chapter 30A. Within 21 days of the hearing, the hearing officer shall send by first class mail
221221 193to the registered owner or owners the decision of the hearing officer, including the reasons for
222222 194the outcome.
223223 195 (5)Any owner to whom a citation has been issued shall not be liable for a violation of
224224 196this section: (a) if the violation were necessary to allow the passage of an emergency vehicle; (b)
225225 197if the violation were necessary in order to protect the property or person of another; (c) if the
226226 198violation were incurred while participating in a funeral procession; (d) if the violation were
227227 199incurred during a period of time in which the motor vehicle was reported to the police
228228 200department of any state, city or town as having been stolen and had not been recovered before
229229 201the time the violation occurred; (e) if the operator of the motor vehicle were operating the motor
230230 202vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing
231231 203company; (f) if the operator of the motor vehicle were convicted of the underlying violation
232232 204under a citation issued in accordance with Section 2 of Chapter 90C; (g) if the violation were
233233 205necessary to comply with an order of a law enforcement officer or of a flagger directing traffic
234234 206flow; or (h) if the vehicle were subject to the exceptions granted to an authorized emergency
235235 207vehicle under Section 7B of Chapter 89. An owner disputing a violation under this subsection
236236 208shall, within 30 days of issuance of the notice, provide the parking clerk with an affidavit signed
237237 209under the pains and penalties of perjury in a form approved by the parking clerk, as provided for
238238 210in clause (vii) of paragraph (1) of this subsection stating (1) the reason for disputing the
239239 211violation; (2) the full legal name and address of the owner of the motor vehicle; (3) the names
240240 212and addresses of all witnesses supporting the owner’s defense and the 11 of 14
241241 213 specifics of their knowledge; and (4) where applicable, the signed statements from
242242 214witnesses. The affidavit shall be filed with the request for a hearing.
243243 215 (6)Any person notified to appear before the parking clerk, as provided in this
244244 216paragraph, may without waiving his right to a hearing before the parking clerk or hearing officer
245245 217as provided by this subsection, and also without waiving judicial review under Section 14 of
246246 218Chapter 30A, challenge the validity of the citation and receive a review and disposition of the
247247 219violation from the parking clerk or a hearing officer by mail. The owner may, upon receipt of the
248248 220citation, send a signed statement explaining his objections to the violation notice as well as
249249 221signed statements from witnesses, police officers, government officials and any other relevant
250250 222parties. Photographs, diagrams, maps and other documents may also be sent with the statements.
251251 223Any statements or materials sent to the parking clerk for review shall have attached the person’s
252252 224name and address as well as the citation number and the date of the violation. The parking clerk
253253 225or hearing officer shall, within 21 days of receipt of this material, review the material and
254254 226dismiss or uphold the violation and notify, by mail, the owner or owners of the disposition of the
255255 227written review. If the outcome of the written review is adverse to the owner or owners, the
256256 228parking clerk or hearing officer shall explain the reasons for the outcome on the notice. The
257257 229review and disposition handled by mail shall be informal, the rules of evidence shall not apply,
258258 230and the decision of the parking clerk or hearing officer based upon the written materials shall be
259259 231final, unless the owner invokes the hearing provisions under this section or judicial review under
260260 232Section 14 of Chapter 30A.
261261 233 (7)If any person fails to appear before the hearing officer in accordance with the
262262 234notice, or fails to receive a favorable adjudication of the hearing from a hearing officer and fails
263263 235to pay the fine within 30 days of the date that the hearing officer has mailed notice of the 12 of 14
264264 236decision of the hearing officer, the parking clerk shall notify the registrar of motor vehicles, who
265265 237shall place the matter on record. Upon notification to the registrar of 2 or more citations under
266266 238this section or section 14 from the parking clerk of the city or town, or state authorities or
267267 239agencies, the registrar shall not issue or renew or may suspend the owner’s license to operate a
268268 240motor vehicle or motor vehicle registration until after notification from the parking clerk of each
269269 241city, agency or authority, from whom the registrar received notification, that all fines, taxes and
270270 242penalties owed by the owner under this section have been disposed of in accordance with law.
271271 243Upon such notification to the registrar, an additional charge of $20 payable to the registrar but
272272 244collected by the city or town, and an additional charge of $20 payable to and collected by the city
273273 245or town, shall be assessed against the registered owner of the motor vehicle. The parking clerk
274274 246shall notify the registrar forthwith that the case has been so disposed, but certified receipt of full
275275 247and final payment from the parking clerk of the city or town, or state agency or authority issuing
276276 248the violation shall also serve as legal notice to the registrar that the violation has been disposed
277277 249of in accordance with law. The certified receipt shall be printed in a form approved by the
278278 250registrar of motor vehicles.
279279 251 (8)Upon the accumulation by an owner of 2 or more outstanding citations under this
280280 252section or section 14 on account of violations of any statute, ordinance, order, rule or regulation
281281 253relating to the operation, control or parking of motor vehicles in a particular city or town,
282282 254notwithstanding any notification to the registrar, the parking clerk of the city or town may notify
283283 255the chief of police or director of traffic and parking of the city or town that the vehicle bearing
284284 256the registration to which the notices have been issued shall be removed and stored or otherwise
285285 257immobilized by a mechanical device at the expense of the registered owner of the vehicle until
286286 258all fines, taxes and penalties owed by the owner either under this section, or otherwise arising out 13 of 14
287287 259of the parking or usage of the owner’s motor vehicle, have been disposed of in accordance with
288288 260law. No vehicle shall be removed, stored, or otherwise immobilized unless the owner of the
289289 261motor vehicle shall have received 10 days prior notification by mail that the motor vehicle may
290290 262be removed, stored, or immobilized without further notification. It shall be sufficient for the
291291 263parking clerk to mail, postage prepaid, the notification to the last known address of the registered
292292 264owner. It shall be sufficient for the parking clerk, in the case of a motor vehicle registered in
293293 265another state or country, to mail notification to the official in the state or country having charge
294294 266of the registration of the motor vehicle.
295295 267 (e) (1) Other than for purposes of enforcement of a violation of this section and section
296296 26814 or for purposes of an owner defending a violation of this section, recorded video images and
297297 269photographs taken or created under this section may only be obtained under an order by a court
298298 270of competent jurisdiction.
299299 271 (2)All recorded video images and other photographic information obtained through
300300 272the use of school bus violation detection monitoring systems authorized in this section that do
301301 273not identify a violation shall be destroyed by any city, town, school department or vendor within
302302 27430 days of the date the image was recorded, unless otherwise ordered by a court of competent
303303 275jurisdiction. All photographic and other recorded information that identifies a violation shall be
304304 276destroyed within 1 year of final disposition of proceedings related to the enforcement or defense
305305 277of a violation, unless otherwise ordered by a court of competent jurisdiction. Each city, town,
306306 278school department, and vendor under agreement utilizing 1 or more school bus violation
307307 279detection monitoring systems shall file notice attested under penalties of perjury annually within
308308 28030 days of the close of the fiscal year with the secretary of state that these records have been
309309 281destroyed in accordance with this paragraph. All recorded video, audio and other photographic 14 of 14
310310 282information, however stored or retained, which is obtained through systems authorized in this
311311 283section are the property of the municipality under agreement with a vendor and may not be used
312312 284by a vendor for any other purposes; upon the expiration of any agreement authorized under this
313313 285section, all of said video, audio, and/or other photographic information shall be delivered within
314314 28630 days to the particular municipality unless otherwise ordered by a court of competent
315315 287jurisdiction.
316316 288 (3)The administrator of the school bus violation detection monitoring system within
317317 289any city or town accepting this section shall also submit an annual report to the Massachusetts
318318 290Department of Transportation regarding the use and operation of the monitoring system. This
319319 291annual report shall contain data on the number of citations issued under this section at each
320320 292particular intersection, and of those citations, shall detail the number paid without a request for a
321321 293hearing; the number found responsible after a hearing; and the number dismissed after a hearing.
322322 294In addition, the report shall also include the cost to maintain each said monitoring system and the
323323 295amount of revenue obtained from each said monitoring system.