ASSEMBLY EDUCATION COMMITTEE
STATEMENT TO
ASSEMBLY, No. 1432
with committee amendments
STATE OF NEW JERSEY
DATED: SEPTEMBER 19, 2024
The Assembly Education Committee reports favorably Assembly
Bill No. 1432 with committee amendments.
As amended, this bill authorizes the use of a school bus monitoring
system to enforce 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: a fine of no less than $100; imprisonment for no more than 15 days
or community service; or both. For subsequent offenses, the penalty
is: a fine of no less than $250; imprisonment for no less than 15 days;
or 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: a fine of $250; 15 days of
community service; or 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 amended 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 amended 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. Additionally, a school district that
enters into a contract with a school bus contractor may require the
installation, operation, and maintenance of a school bus monitoring
system on any school bus used for a contracted bus route. The bill
requires a school bus monitoring system to 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 amended 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 amended bill also 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 amended bill further 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.
Additionally, the amended 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 3
-- 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.
This bill was pre-filed for introduction in the 2024-2025 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
COMMITTEE AMENDMENTS :
The committee amended to the bill to:
provide that a school district that enters into a contract with a
school bus contractor may require the installation, operation,
and maintenance of a school bus monitoring system on any
school bus used for a contracted school bus route; and
remove the provision of the bill that would require the
Commissioner of Education and the Superintendent of State
Police to adopt rules and regulations concerning the
specifications and certification procedures for the school bus
monitoring systems.