ASSEMBLY APPROPRIATIONS COMMITTEE
STATEMENT TO
[First Reprint]
ASSEMBLY, No. 545
STATE OF NEW JERSEY
DATED: DECEMBER 4, 2023
The Assembly Appropriations Committee reports favorably
Assembly Bill No. 545 (1R).
This bill authorizes the use of a school bus monitoring system to
enforce section 1 of P.L.1942, c.192 (C.39:4-128.1), the State law
governing passing a school bus. A school bus monitoring system is
defined as a system meeting certain requirements set forth in the bill and
having at least one camera and computer that captures and records a
digital video or image of any motor vehicle operating near a school bus.
Under current law, school buses are required to exhibit flashing red
lights when the bus has stopped for the purpose of receiving or
discharging any person with a developmental disability or a child.
Drivers of vehicles approaching or overtaking the school bus are
required to stop at least 25 feet from a school bus that has activated its
flashing lights. The penalty for violating this law, for a first offense, is:
1) a fine of no less than $100; 2) imprisonment for no more than 15 days
or community service; or 3) both. For subsequent offenses, the penalty
is: 1) a fine of no less than $250; 2) imprisonment for no less than 15
days; or 3) both. This bill provides that the penalty for violating the law,
when the violation is not evidenced by the recorded images captured by
a school bus monitoring system, would be: 1) a fine of $250; 2) 15 days
of community service; or 3) both, in the case of a first offense. For each
subsequent offense, the penalty would be a fine of $500 and no less than
15 days of community service.
Under the bill, a civil penalty of $250 would be imposed on a person
who passes a school bus in violation of current law if the violation is
evidenced by the recorded images captured by a school bus monitoring
system. Under these circumstances, any civil penalty imposed and
collected for this violation is to be forwarded to the financial officer of
the municipality in which the violation occurred and used for general
municipal and school district purposes, including efforts to improve the
monitoring and enforcement of this law through the utilization of a
school bus monitoring system and other public education safety
programs. A violation that is evidenced by the recorded images
captured by a school bus monitoring system would not result in penalty
points or automobile insurance eligibility points being assessed on the
violator. 2
The bill authorizes a municipality or school district operating or
providing Type I or Type II school buses that transport students to
contract with a private vendor to provide for the installation, operation,
and maintenance of a school bus monitoring system for enforcement
purposes. The bill provides that a school bus monitoring system must
be capable of capturing and producing a record of any occurrence that
may be considered illegal passing of a school bus, and include in that
recorded image:
-- if the school bus is exhibiting its flashing light;
-- if a motor vehicle passes a school bus;
-- the license plate, make, and model of the violating vehicle; and
-- the date, time, and location of the violation.
The bill requires any suspected violation captured in a recorded
image produced by a school bus monitoring system to be made available
to the chief law enforcement officer of the municipality in which the
violation occurred. A law enforcement officer is to issue a summons
within 90 days of determining that a suspected violation occurred. A
summons may not be issued for a violation occurring more than 90 days
from date of the violation.
The bill provides that any recorded image or information produced
in connection with a school bus monitoring system is not a public record
under New Jersey’s “Open Public Records Act,” is not discoverable as
a public record except upon a subpoena issued by a grand jury or a court
order in a criminal matter, and is not to be offered into evidence in any
civil or administrative proceeding unless directly related to illegally
passing a school bus.
The bill provides that recorded images or information produced in
connection with a school bus monitoring system pertaining to a specific
violation are not to be retained for more than 60 days after the collection
of any civil penalty imposed, and are then to be purged. All recorded
images and information collected but not resulting in the issuance of a
summons are to be purged within 95 days of the recording.
The bill provides that the owner of a motor vehicle is liable for a
summons for illegally passing a school bus as evidenced by a recorded
image captured by a school bus monitoring system. However, a lessor
or owner of a motor vehicle is not liable for a summons if:
-- the lessor demonstrates that the vehicle was used without the
lessor’s express or implied consent, and provides the name and address
of the vehicle operator or registrant;
-- the lessee was operating or in possession of the vehicle at the time
of the violation and the lessor provides the name and address of the
lessee; or
-- the owner, lessor, or lessee demonstrates that the vehicle was
stolen at the time the violation occurred and provides a copy of the
police report regarding the vehicle theft.
The bill permits the Commissioner of Education, the Superintendent
of State Police, and the Chief Administrator of the New Jersey Motor 3
Vehicle Commission to adopt rules and regulations to effectuate the
purposes of the bill, including specifications and certification
procedures for the school bus monitoring systems and devices that may
be installed. The bill also permits the Supreme Court of New Jersey to
adopt Rules of Court as appropriate or necessary to effectuate the
purposes of the substitute.
The bill will take effect on the first day of the seventh month next
following enactment, but permits the Commissioner of Education, the
Superintendent of State Police, and the Chief Administrator of the New
Jersey Motor Vehicle Commission to take anticipatory administrative
actions in advance of the bill’s effective date.
FISCAL IMPACT:
Fiscal information for this bill is currently unavailable.