Office of Legislative Services
State House Annex
P.O. Box 068
Trenton, New Jersey 08625
Legislative Budget and Finance Office
Phone (609) 847-3105
Fax (609) 777-2442
www.njleg.state.nj.us
LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 545
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: DECEMBER 26, 2023
SUMMARY
Synopsis: Authorizes use of school bus monitoring systems.
Type of Impact: Initial State expenditure increase. Annual local expenditure increases
and decreases. Annual local revenue increases.
Agencies Affected: Department of Education; Statewide School Districts; Municipalities;
Motor Vehicle Commission; Department of Law and Public Safety;
State, County, and Municipal Law Enforcement; Administrative
Office of the Courts; Supreme Court of New Jersey; County and
Municipal Jails.
Office of Legislative Services Estimate
Fiscal Impact
Initial State Expenditure Increase Indeterminate
Annual Local Expenditure Net Impact Indeterminate
Annual Local Revenue Increase Indeterminate
The Office of Legislative Services (OLS) estimates there would be an indeterminate
expenditure increase for school districts or municipalities that opt to participate in the school
bus monitoring program.
The bill revises penalties for the illegal passing of a school bus that has activated flashing lights
to increase fines, eliminate imprisonment as a possible penalty, and establish mandatory
community service. The OLS estimates that the revisions in fines for offenders without video
evidence may increase revenue for counties and municipalities, while the elimination of the
option of incarceration may reduce expenditures for counties and municipalities.
The bill adds a civil penalty of $250 for offenders when there is recorded evidence of illegally
passing a school bus that has flashing lights. The OLS estimates the new civil penalty will
increase municipal revenues, but notes that mandated review of the recorded images by local
law enforcement may increase municipal expenditures. FE to A545 [1R]
2
Further, the OLS anticipates initial State expenditures by the Department of Education, the
Division of State Police, and the Motor Vehicle Commission to adopt rules and regulations to
effectuate the purposes of the bill, as well as by the Supreme Court of New Jersey to adopt
Rules of Court as appropriate.
BILL DESCRIPTION
This bill authorizes the use of a school bus monitoring system to enforce the State law
governing passing a school bus.
The bill authorizes a municipality or school district operating or providing certain 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 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. The bill provides that recorded
images or information produced in these circumstances are not to be retained for more than 60
days after the collection of any civil penalty imposed, and are then to be purged within 95 days of
the recording.
The bill requires the Commissioner of Education and the Superintendent of State Police, and
permits the Chief Administrator of the New Jersey Motor 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 bill.
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.
This bill revises current fines associated with passing a school bus. The bill modifies the
penalty for a first offense by: 1) changing the fine from no less than $100 to a fixed fine of $250;
2) changing the community service requirement from 15 days to a fixed term of 15 days or less;
and 3) eliminating imprisonment as a possible penalty. In the case of subsequent offenses, the bill
revises the penalty by: (1) changing the fine from no less than $250 to a fixed fine of $500; 2)
eliminating the penalty of 15 days imprisonment; and 3) providing for a fixed term of community
service of 15 days or less.
Additionally, 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. FE to A545 [1R]
3
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS anticipates initial State expenditures by the Department of Education, the Division
of State Police, and the Motor Vehicle Commission to adopt rules and regulations to effectuate the
purposes of the bill as well as by the Supreme Court of New Jersey to adopt Rules of Court as
appropriate. Further, the OLS estimates for those school districts participating in the program
there would be an increased cost to the district or municipality for the school bus monitoring
systems, which may be offset to some extent by the annual revenues from increases in fines and
civil penalties.
Initial State Expenditures: The OLS estimates that to initially effectuate the provisions in
the bill, there may be State expenditure increases to the Department of Education, the Division of
State Police, the Motor Vehicle Commission, and the Supreme Court of New Jersey to adopt rules
as appropriate. The bill permits the Motor Vehicle Commission and Supreme Court to participate
in the establishment and adoption of the rules; however, the OLS does not know if the Supreme
Court or the Motor Vehicle Commission, respectively, will participate in the adoption of the rules.
Depending on the resource allocation polices of each department and court, the added initial
workload may or may not augment State administrative expenditures.
The bill imposes certain administrative requirements on the law enforcement agency serving
any municipality where a school bus monitoring program is implemented. While no municipality
or school district is required by the bill to institute a school bus monitoring program, if a program
is already in place or newly instituted the Division of State Police, if no municipal police
department exists, will be required to comply with those requirements. This may result in
increased cost the Division of State Police and the added initial workload may or may not augment
State administrative expenditures.
School District and Municipal Expenditures: For those school districts opting to participate,
the OLS estimates that there may be an indeterminate increase in expenditures to the district or
municipality for the school bus monitoring systems. As of the 2022-2023 school year, there were
593 public school districts. The Motor Vehicle Commission indicated there were 24,422 registered
school buses in calendar year 2023.
Number of Motor Vehicle Commission Registered School Buses By Calendar Year
CY 2019 CY 2020 CY 2021 CY 2022 CY 2023
24,932 22,448 22,741 23,538 24,422
*Information provided by the Motor Vehicle Commission, December 2023
The OLS does not have information on the number of school districts opting to equip school
buses or those already equipped with the school bus monitoring systems or the cost of annual
maintenance and replacement for the systems to provide an estimate; however, research indicates
that in 2021 the Mt. Olive School District equipped 72 buses with multiple security cameras
specifically to catch violators of the law with $230,400 provided through a State grant. It was
indicated that the cost to equip each bus was $3,200 for camera systems specifically designed to
record vehicles that pass buses that have their flashing lights activated and stop-arms extended. FE to A545 [1R]
4
The OLS notes that the $3,200 figure is noted for illustrative purposes only and does not include
annual maintenance or replacement costs.
The OLS estimates that those law enforcement entities in municipalities with school districts
opting to participate would experience an increase in expenditures, as each municipality is required
to assign a law enforcement officer to review the recorded images of the suspected violations.
These images are to be made available to the chief law enforcement officer of the municipality in
which the violation occurred. Depending on each law enforcement agency’s resource allocation
policies the added initial workload may or may not augment the municipalities administrative
expenditures.
County and Municipal Revenues: The OLS estimates the bill will result in increased annual
revenues from increases in fines and civil penalties. Currently, the penalty for violating this law
without recorded images, 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. The
Administrative Office of the Courts indicated there were 2,372 tickets issued from November 1,
2021 to October 31, 2022 for violations for passing stopped school buses under P.L.1942, c.192.
There were 3,189 tickets issued from November 1, 2022 to October 31, 2023.
First Offense
Fine Imprisonment and/or Community Service
Current penalty without
recorded evidence.
No Less than $100 No more than 15 Days Imprisonment or
Community Service
Proposed Assembly Bill
No. 545 penalty without
recorded evidence.
Increased to $250 No more than 15 Days of Community
Service
Subsequent Offenses
Fine Imprisonment and/or Community Service
Current penalty without
recorded evidence.
No Less than $250 No less than 15 days of Imprisonment
Proposed Assembly Bill
No. 545 penalty without
recorded evidence.
Increased to $500 No less than 15 days of Community Service
Based on the number of tickets issued in the prior two years, there could be an expected overall
increase in annual revenues between $350,000 and $800,000. Currently under State law, 50
percent of the fine moneys are forwarded to the municipality in which the violation occurred to be
used for general municipal use and to defray the costs of operating the municipal court. Of this 50
percent, up to 25 percent of the moneys may be used to upgrade case processing. The other 50
percent of the moneys are forwarded to the county in which the moneys were collected.
Further, the bill eliminates the option of imprisonment as a penalty. It is unknown how often
this penalty has or would have been imposed; however, the elimination could possibly reduce
incarceration costs currently borne by counties and municipalities.
Additionally, for those school districts and municipalities that install the school bus monitoring
systems or have already installed these systems, a civil penalty of $250 would be imposed if the
violation is evidenced by the recorded images captured by a school bus monitoring system. Civil
penalties imposed and collected for this violation are directed to the municipality in which the
violation occurred and used for general municipal and school district purposes, including efforts FE to A545 [1R]
5
to improve the monitoring and enforcement of this law through the utilization of a school bus
monitoring system and other public education safety programs.
Section: Law and Public Safety
Analyst: Kristin Brunner Santos
Lead Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).