Bill Text For HB1926 - Enrolled

ENROLLED HOUSE

BILL NO. 1926                       By: Kerbs, West (Tammy), Kiger, Davis, Dills, Loring and Ranson of the House

 

                                               and

 

                                        Sharp of the Senate

 

 

 

 

 

 

An Act relating to motor vehicles; amending 47 O.S. 2011, Section 11-705, which relates to meeting or overtaking a stopped school bus; providing for assessment in addition to fine; apportioning assessment; allowing school districts to install cameras on school bus stop-arms; requiring certain length of time for violator to review evidence; defining term; creating certain revolving fund; providing for annual grants; stating purpose of grants; directing the promulgation of rules relating to grants; providing for codification; and providing an effective date.

 

 

 

 

SUBJECT:  School bus law

 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

 

SECTION 1.     AMENDATORY     47 O.S. 2011, Section 11-705, is amended to read as follows:

 

Section 11-705.  A.  The driver of a vehicle meeting or overtaking a school bus that is stopped to take on or discharge school children, and on which the red loading signals are in operation, is to stop the vehicle before it reaches the school bus and not proceed until the loading signals are deactivated and then proceed past such school bus at a speed which is reasonable and with due caution for the safety of such school children and other occupants.  Any person convicted of violating the provisions of this subsection shall be punished by a fine of not less than One Hundred Dollars ($100.00).  In addition to the fine, a special assessment of One Hundred Dollars ($100.00) shall be assessed, of which seventy-five percent (75%) shall be deposited to the credit of the Cameras for School Bus Stops Revolving Fund established in Section 2 of this act.  The remaining twenty-five percent (25%) of the special assessment shall be deposited to the credit of the reviewing law enforcement agency referred to in subsection E of this section.

 

B.  Visual signals, meeting the requirements of Section 12-228 of this title, shall be actuated by the driver of said school bus whenever, but only whenever, such vehicle is stopped on the highway for the purpose of receiving or discharging school children.

 

C.  The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.

 

D.  If the driver of a school bus witnesses a violation of the provisions of subsection A of this section, within twenty-four (24) hours of the alleged offense, the driver shall report the violation, the vehicle color, license tag number, and the time and place such violation occurred to the law enforcement authority of the municipality where the violation occurred.  The law enforcement authority of a municipality shall issue a letter of warning on the alleged violation to the person in whose name the vehicle is registered.  The Office of the Attorney General shall provide a form letter to each municipal law enforcement agency in this state for the issuance of the warning provided for in this subsection.  Such form letter shall be used by each such law enforcement agency in the exact form provided for by the Office of the Attorney General.  A warning letter issued pursuant to this subsection shall not be recorded on the driving record of the person to whom such letter was issued.  Issuance of a warning letter pursuant to this section shall not preclude the imposition of other penalties as provided by law.

 

E.  1.  A school district may install and operate a video-monitoring system in or on the school buses or the bus stop-arms operated by the district or contract with a private vendor to do so on behalf of the school district for the purpose of recording violations of subsection A of this section.  In the event the video-monitoring system captures a recording of a violation of subsection A of this section, appropriate personnel at the school district shall extract data related to the violation from the recording.  The extracted data shall include a recorded image or video containing the requirements listed in paragraph 2 of this subsection.  The school district shall submit the extracted data for review to the law enforcement agency with jurisdiction in which the violation occurred.  If the reviewing law enforcement agency determines there is sufficient evidence to identify the vehicle and the driver, such evidence shall be submitted to the district attorney's office for prosecution.

 

2.  For the purposes of this subsection, "video-monitoring system" means a system with one or more camera sensors and computers installed and operated on a school bus that produces live digital and recorded video of motor vehicles being operated in violation of subsection A of this section.  The system shall, at a minimum, produce a recorded image of the license plate of the vehicle, an identifiable picture of the driver's face, the activation status of at least one warning device as prescribed in Section 12-228 of this title and the time, date and location of the vehicle when the image was recorded.

 

SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 9-119 of Title 70, unless there is created a duplication in numbering, reads as follows:

 

A.  There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Cameras for School Bus Stops Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Education from fines collected from school bus stop violations pursuant to Section 11-705 of Title 47 of the Oklahoma Statutes, any state-appropriated funds, federal funds, donations, grants, contributions, and gifts from any public or private source.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education for the purposes of providing grants to public school districts as provided for in subsection B of this section.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.

 

B.  Contingent upon the amount of funds available in the Cameras for School Bus Stops Revolving Fund, the State Board of Education shall award one or more grants annually to public school districts in the state.  The grants shall be used by the districts for installation of camera equipment on buses to aid in identifying drivers violating the provisions of Section 11-705 of Title 47 of the Oklahoma Statutes.  The Board shall determine the criteria for and establish a process for the submission of grant applications.  The applications shall be considered on a statewide competitive basis.  The Board shall promulgate rules for the implementation of the grants issued pursuant to this section.

 

SECTION 3.  This act shall become effective November 1, 2019.

 

Passed the House of Representatives the 6th day of March, 2019.

 

 

 

                            

                                   Presiding Officer of the House

                                               of Representatives

 

 

Passed the Senate the 17th day of April, 2019.

 

 

 

                             

                                  Presiding Officer of the Senate

 

 

OFFICE OF THE GOVERNOR

Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.

By: _________________________________

Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

 

 

                                  _________________________________

                                  Governor of the State of Oklahoma

 

OFFICE OF THE SECRETARY OF STATE

Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.

By: _________________________________

 

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