Oklahoma 2022 Regular Session

Oklahoma House Bill HB1967 Compare Versions

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28+ENGROSSED SENATE AMENDMENT
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31+BILL NO. 1967 By: Nollan of the House
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33+ and
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35+ Pemberton of the Senate
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40+An Act relating to public safety; amending 47 O.S.
41+2011, Section 11-705, as amended by Section 1,
42+Chapter 145, O.S.L. 2019 (47 O.S. S upp. 2020, Section
43+11-705), which relates to meeting or overtaking a
44+school bus; modifying time frame for reporting
45+certain violation; and providing an effective date .
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50+AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
51+entire bill and inser t
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53+”An Act relating to public safety; amending 47 O.S.
54+2011, Section 11-705, as amended by Section 1,
55+Chapter 145, O.S.L. 2019 (47 O.S. Supp. 2020, Section
56+11-705), which relates to meeting or overtaking a
57+school bus; modifying time frame for reporting
58+certain violation; and providing an effective date.
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64+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
65+SECTION 1. AMENDATORY 47 O.S. 2011, Section 11 -705, as
66+amended by Section 1, Chapter 145, O.S.L. 2019 (47 O.S. Supp. 2020,
67+Section 11-705), is amended to read as follows:
68+Section 11-705. A. The driver of a vehicle meeting or
69+overtaking a school bus that is stopped to take on or discharge
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96+school children, and on which the red loading signals are in
97+operation, is to stop the vehicle before it reaches the school bus
98+and not proceed until the loading signals are deactivated and then
99+proceed past such school bus at a speed which is reasonable and with
100+due caution for the safety of such school children and other
101+occupants. Any person convicted of violating the provisions of this
102+subsection shall be punished by a fine of not less than One Hundred
103+Dollars ($100.00). In addition to the fine, a special assessment of
104+One Hundred Dollars ($100.00) shall be assessed, of which seventy -
105+five percent (75%) shall be deposited to the credit of the Cameras
106+for School Bus Stops Revolving Fund established in Section 2 9-119
107+of this act Title 70 of the Oklahoma Statutes . The remaining
108+twenty-five percent (25%) of the special assessment shall be
109+deposited to the credit of the reviewing law enforcement agency
110+referred to in subsection E of this section.
111+B. Visual signals, meeting the requirements of Section 12 -228
112+of this title, shall be actuated by the driver of said school bus
113+whenever, but only whenever, such vehicle is stopped on the highway
114+for the purpose of receiving or discharging school children.
115+C. The driver of a vehicle upon a highway with separate
116+roadways need not stop upon meeting or passing a school bus which is
117+on a different roadw ay or when upon a controlled -access highway and
118+the school bus is stopped in a loading zone which is a part of or
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120+ENGR. S. A. TO ENGR. H. B. NO. 1967 Page 3 1
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145+adjacent to such highway and where pedestrians are not permitted to
146+cross the roadway.
147+D. If the driver of a school bus witnesses a violation of the
148+provisions of subsection A of this section, within twenty-four (24)
149+hours of the alleged offense on or before the end of the next
150+business day following the alleged offense , the driver shall report
151+the violation, the vehicle color, license tag numb er, and the time
152+and place such violation occurred to the law enforcement authority
153+of the municipality where the violation occurred. The law
154+enforcement authority of a municipality shall issue a letter of
155+warning on the alleged violation to the person in whose name the
156+vehicle is registered. The Office of the Attorney General shall
157+provide a form letter to each municipal law enforcement agency in
158+this state for the issuance of the warning provided for in this
159+subsection. Such form letter shall be used b y each such law
160+enforcement agency in the exact form provided for by the Office of
161+the Attorney General. A warning letter issued pursuant to this
162+subsection shall not be recorded on the driving record of the person
163+to whom such letter was issued. Issuanc e of a warning letter
164+pursuant to this section shall not preclude the imposition of other
165+penalties as provided by law.
166+E. 1. A school district may install and operate a video -
167+monitoring system in or on the school buses or the bus stop -arms
168+operated by the district or contract with a private vendor to do so
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195+on behalf of the school district for the purpose of recording
196+violations of subsection A of this section. In the event the video -
197+monitoring system captures a recording of a violation of subsection
198+A of this section, appropriate personnel at the school district
199+shall extract data related to the violation from the recording. The
200+extracted data shall include a recorded image or video containing
201+the requirements listed in paragraph 2 of this subsection. The
202+school district shall submit the extracted data for review to the
203+law enforcement agency with jurisdiction in which the violation
204+occurred. If the reviewing law enforcement agency determines there
205+is sufficient evidence to identify the vehicle and the driver, such
206+evidence shall be submitted to the district attorney's office for
207+prosecution.
208+2. For the purposes of this subsection, "video -monitoring
209+system" means a system with one or more camera sensors and computers
210+installed and operated on a school bus that produces live digital
211+and recorded video of motor vehicles being operated in violation of
212+subsection A of this section. The system shall, at a minimum,
213+produce a recorded image of the license plate of the vehicle, an
214+identifiable picture of the d river's face, the activation status of
215+at least one warning device as prescribed in Section 12 -228 of this
216+title and the time, date and location of the vehicle when the image
217+was recorded.
218+SECTION 2. This act shall become effective Novembe r 1, 2021.”
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247+Passed the Senate the 15th day of April, 2021.
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251+ Presiding Officer of the Senate
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254+Passed the House of Representatives the ____ day of __________,
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259+ Presiding Officer of the House
260+ of Representatives
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262+ENGR. H. B. NO. 1967 Page 1 1
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287+ENGROSSED HOUSE
3288 BILL NO. 1967 By: Nollan of the House
4289
5290 and
6291
7292 Pemberton of the Senate
8293
9294
10295
11296
12297
13298
14299 An Act relating to public safety; amending 47 O.S.
15300 2011, Section 11-705, as amended by Section 1,
16301 Chapter 145, O.S.L. 2019 (47 O.S. Supp. 2020, Section
17302 11-705), which relates to meeting or overtaking a
18303 school bus; modifying time frame for reporting
19304 certain violation; and providing an effective date.
20305
21306
22307
23308
24-SUBJECT: Public safety
309+
25310
26311 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
27-
28-SECTION 1. AMENDATORY 47 O.S. 2011, Section 11 -705, as
312+SECTION 3. AMENDATORY 47 O.S. 2011, Section 11 -705, as
29313 amended by Section 1, Chapter 145, O.S.L. 2019 (47 O.S. Supp. 2020,
30314 Section 11-705), is amended to read as follows:
31-
32315 Section 11-705. A. The driver of a vehicle meeting or
33316 overtaking a school bus that is stopped to take on or discharge
34317 school children, and on which the red loading signals are in
35318 operation, is to stop the vehicle before it reaches the school bus
36319 and not proceed until the loading signals are deactivated and then
37320 proceed past such school bus at a speed which is reasonable and with
38321 due caution for the safety of such school children and other
39322 occupants. Any person convicted of violating the provisions of this
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324+ENGR. H. B. NO. 1967 Page 2 1
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40349 subsection shall be punished by a fine of not less than One Hundred
41350 Dollars ($100.00). In addition to the fine, a special assessment of
42351 One Hundred Dollars ($100.00) shall be assessed, of which seventy -
43352 five percent (75%) shall be deposited to the credit of the Cameras
44353 for School Bus Stops Revolving Fund established in Section 2 9-119
45354 of this act Title 70 of the Oklahoma Statutes . The remaining
46-twenty-five percent (25%) of the special assessment shall be ENR. H. B. NO. 1967 Page 2
355+twenty-five percent (25%) of the special assessment shall be
47356 deposited to the credit of the reviewing law enforcement agency
48357 referred to in subsection E of this section.
49-
50358 B. Visual signals, meeting the requirements of Section 12 -228
51359 of this title, shall be actuated by the driver of said school bus
52360 whenever, but only whenever, such vehicle is stopped on the highway
53361 for the purpose of receiving or discharging school children.
54-
55362 C. The driver of a vehicle upon a highway with separate
56363 roadways need not stop upon meeting or passing a school bus which is
57364 on a different roadway or when upon a controlled -access highway and
58365 the school bus is stopped in a loading zone which is a part of or
59366 adjacent to such highway and where pedestrians are not permitted to
60367 cross the roadway.
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62368 D. If the driver of a school bus witnesses a violation of the
63369 provisions of subsection A of this section, within twenty-four (24)
64-hours of the alleged offense on or before the end of the nex t
65-business day following the alleged offense , the driver shall report
66-the violation, the vehicle color, license tag number, and the time
67-and place such violation occurred to the law enforcement authority
68-of the municipality where the violation occurred. T he law
69-enforcement authority of a municipality shall issue a letter of
70-warning on the alleged violation to the person in whose name the
71-vehicle is registered. The Office of the Attorney General shall
72-provide a form letter to each municipal law enforcement agency in
73-this state for the issuance of the warning provided for in this
74-subsection. Such form letter shall be used by each such law
75-enforcement agency in the exact form provided for by the Office of
76-the Attorney General. A warning letter issued pursua nt to this
77-subsection shall not be recorded on the driving record of the person
78-to whom such letter was issued. Issuance of a warning letter
79-pursuant to this section shall not preclude the imposition of other
80-penalties as provided by law.
370+hours of the alleged offense on or before the next day school is in
371+session following the alleged offense , the driver shall report the
372+violation, the vehicle color, license tag number, and the time and
81373
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399+place such violation occurred to the law enforcement authority of
400+the municipality where the violation occurred. The law enforcement
401+authority of a municipality shall issue a letter of warning on the
402+alleged violation to the person in whose name the vehicle is
403+registered. The Office of the Attorney General shall provide a form
404+letter to each municipal law enforcement agency in this state for
405+the issuance of the warnin g provided for in this subsection. Such
406+form letter shall be used by each such law enforcement agency in the
407+exact form provided for by the Office of the Attorney General. A
408+warning letter issued pursuant to this subsection shall not be
409+recorded on the driving record of the person to whom such letter was
410+issued. Issuance of a warning letter pursuant to this section shall
411+not preclude the imposition of other penalties as provided by law.
82412 E. 1. A school district may install and operate a video -
83413 monitoring system in or on the school buses or the bus stop -arms
84414 operated by the district or contract with a private vendor to do so
85415 on behalf of the school district for the purpose of recording
86416 violations of subsection A of this section. In the event the video -
87417 monitoring system captures a recording of a violation of subsection
88418 A of this section, appropriate personnel at the school district
89419 shall extract data related to the violation from the recording. The
90420 extracted data shall include a recorded image or video con taining
91-the requirements listed in paragraph 2 of this subsection. The ENR. H. B. NO. 1967 Page 3
421+the requirements listed in paragraph 2 of this subsection. The
92422 school district shall submit the extracted data for review to the
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93449 law enforcement agency with jurisdiction in which the violation
94450 occurred. If the reviewing law enforcement agency det ermines there
95451 is sufficient evidence to identify the vehicle and the driver, such
96452 evidence shall be submitted to the district attorney 's office for
97453 prosecution.
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99454 2. For the purposes of this subsection, "video-monitoring
100455 system" means a system with one or m ore camera sensors and computers
101456 installed and operated on a school bus that produces live digital
102457 and recorded video of motor vehicles being operated in violation of
103458 subsection A of this section. The system shall, at a minimum,
104459 produce a recorded image o f the license plate of the vehicle, an
105460 identifiable picture of the driver 's face, the activation status of
106461 at least one warning device as prescribed in Section 12 -228 of this
107462 title and the time, date and location of the vehicle when the image
108463 was recorded.
464+SECTION 4. This act shall become effective November 1, 2021.
109465
110-SECTION 2. This act shall become effective November 1, 2021.
466+ENGR. H. B. NO. 1967 Page 5 1
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491+Passed the House of Representatives the 3rd day of March, 2021.
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117-Passed the House of Representatives the 28th day of April, 2021.
118493
119494
120495
121496 Presiding Officer of the House
122497 of Representatives
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124499
125-Passed the Senate the 15th day of April, 2021.
500+Passed the Senate the ___ day of __________, 2021.
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126502
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129505 Presiding Officer of the Senate
130506
131507
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133-OFFICE OF THE GOVERNOR
134-Received by the Office of the Governor this ____________________
135-day of ___________________, 20_______, at _______ o'clock _______ M.
136-By: _________________________________
137-Approved by the Governor of the State of Oklahoma this _________
138-day of ___________________, 20_______, at _______ o'clock _______ M.
139-
140-
141- _________________________________
142- Governor of the State of Oklahoma
143-
144-OFFICE OF THE SECRETARY OF STATE
145-Received by the Office of the Secretary of State this __________
146-day of ___________________, 20_______, at _______ o'clock _______ M.
147-By: _________________________________
148-