| Last Action | 02/10/20: to Appropriations & Revenue (S) |
|---|---|
| Title | AN ACT relating to school bus safety and making an appropriation therefor. |
| Bill Documents |
Current/Final
Introduced |
| Fiscal Impact Statements |
Fiscal Note
Local Mandate Additional Fiscal Impact Statements Exist |
| Bill Request Number | 136 |
| Sponsors | R. Goforth, L. Bechler, D. Bentley, A. Bowling, K. Bratcher, R. Brenda, J. Donohue, M. Dossett, J. Graviss, D. Hale, M. Hart, T. Huff, D. Meade , R. Meeks, C. Miller, J. Nemes, R. Rothenburger, S. Sheldon, J. Stewart III, W. Stone, A. Tackett Laferty, N. Tate, J. Tipton, R. Webber, S. Westrom |
| Summary of Original Version | Create a new section of KRS Chapter 160 to define "owner," "recorded images," "school bus stop arm camera," and "third party designee"; create a new section of KRS Chapter 160 to require each local school district to install and maintain school bus stop arm cameras on daily route school buses by August 1, 2023; allow districts to contract for purchase and maintenance of cameras; allow districts to contract for the processing of an alleged violation of KRS 189.370(1); require school districts to establish procedures or contract with a third-party designee prior to utilizing school bus stop arm cameras; provide an emergency exception to the stop arm requirement; permit school districts with a population density equal to or less than 100% of the state average to apply for special permission to suspend the stop arm requirement for up to five years; establish requirements for school districts granted special permission to suspend the stop arm requirement; require the Kentucky Board of Education to promulgate administrative regulations; create a new section of KRS Chapter 160 to establish annual on-site compliance inspections for school districts and penalties for noncompliance; create a new section of KRS Chapter 174 to define "'owner," "school bus stop arm camera", and "third-party designee"; require the Transportation Cabinet or third-party designee to review images for violations of KRS 189.370(1) recorded by school bus stop arm cameras after July 1, 2021, and issue civil citations for violations; establish civil penalties for a violation of KRS 189.370 recorded by a school bus stop arm camera after July 1, 2021; require the Transportation Cabinet to adopt a uniform civil citation form and establish the form's minimum contents; establish notification requirements; require a recipient of a uniform civil citation to pay civil penalty or submit proof of a criminal citation or appeal the uniform civil citation to the Transportation Cabinet within 30 days; grant the Transportation Cabinet appellate powers and authority; establish potential defenses the Transportation Cabinet may consider for uniform civil citations; allow for suspension of registration for failure to pay a fine, require third- party designee to notify the Transportation Cabinet of the need to release a suspension within 1 business day of payment; appropriate 80 percent of funds collected by the Transportation Cabinet for a uniform civil citation to the school district; allow a third-party designee to keep up to 80 percent of funds but no more than $160 per civil penalty collected by a third party designee; appropriate 10 percent of all funds collected from a uniform civil citation to the Kentucky Department of Education; appropriate 10 percent of all funds collected from a uniform civil citation to the Transportation Cabinet; appropriate any remaining funds collected by a third party designee to the local school district; provide that a uniform civil citation shall not result in points against a driving record; require the Transportation Cabinet to promulgate administrative regulations necessary to effectuate the purpose of administering stop arm camera use, enforcement, and calibration; amend KRS 189.990 to appropriate 80 percent of funds collected from criminal fines levied by law enforcement for violation of KRS 189.370 to the local school district, 10 percent to the Kentucky Department of Education, and 10 percent to local law enforcement. |
| Index Headings of Original Version |
Fiscal Note - School bus stop arm cameras Local Mandate - School bus stop arm cameras Local Mandate - School bus stop arm cameras Crimes and Punishments - Passing stopped school bus, cited by police, criminal citation funds Education, Elementary and Secondary - Passing stopped school bus, recorded by camera, establishing civil penalties for Education, Elementary and Secondary - School bus stop arm cameras, requirement Inspections - School bus stop arm cameras, Department of Education, inspection of Safety - School bus stop arm cameras, requiring State Agencies - Transportation Cabinet, school bus stop arm cameras State Agencies - Department of Education, school bus stop arm cameras, annual inspection of State Agencies - Board of Education, school bus stop arm camera requirement, promulgate regulations for Traffic Safety - Passing stopped school bus, recorded by camera, establishing civil penalties for Traffic Safety - School bus stop arm cameras, enforcement Traffic Safety - School bus stop arm cameras, requiring Transportation - Passing stopped school bus, recorded by camera, establishing civil penalties for Transportation - School bus stop arm cameras Public Safety - School bus stop arm cameras, requiring Administrative Regulations and Proceedings - Board of Education, school bus stop arm cameras, regulations for requirement and inspections Administrative Regulations and Proceedings - Transportation Cabinet, school bus stop arm camera violation, administrative proceedings Administrative Regulations and Proceedings - Transportation Cabinet, school bus stop arm camera violation, defenses to civil penalty Administrative Regulations and Proceedings - Transportation Cabinet, school bus stop arm cameras, regulations for enforcement and proceedings Appropriations - Passing stopped school bus, cited by police, criminal citation funds Appropriations - Passing stopped school bus, recorded by camera, civil penalty funds |
| Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements House Floor Amendment 1 |
| Votes | Vote History |
| 08/01/19 |
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|---|---|
| 01/07/20 |
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| 01/10/20 |
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| 01/28/20 |
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| 01/29/20 |
|
| 02/03/20 |
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| 02/05/20 |
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| 02/06/20 |
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| 02/07/20 |
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| 02/10/20 |
|
| Amendment | House Committee Substitute 1 |
|---|---|
| Fiscal Impact Statement | Local Mandate to House Committee Substitute 1 |
| Summary | Retain all original provisions except remove the requirement that each local school district install and maintain school bus stop arm cameras on all daily route buses; permit a local school district to install and maintain school bus stop arm cameras; increase the civil penalty for a first offense from $200 to $300; grant third-party designees the powers and authority to hear a contest to a civil penalty; establish minimum procedural requirements for a contest to a civil penalty; increase the maximum amount a third-party designee may keep from $160 to $240 per civil penalty collected by the third-party designee; require the Transportation Cabinet to promulgate administrative regulations for procedures to contest to a uniform civil citation; amend KRS 189.990 to increase the maximum fine for a first offense of illegally passing a school bus from $200 to $300. |
| Index Headings |
Crimes and Punishments - Illegal school bus passing, cited by police, maxium criminal citation penalty, increase to $300 Education, Elementary and Secondary - School bus stop arm cameras, permit schools to maintain and install Safety - Illegal school bus passing, recorded by camera, $300 penalty for first offense State Agencies - Transportation Cabinet, procedures to contest stop arm camera citation, regulations required Traffic Safety - Illegal school bus passing, recorded by camera, $300 penalty for first offense Traffic Safety - School bus stop arm cameras, permit schools to maintain and install Transportation - Illegal school bus passing, recorded by camera, $300 penalty for first offense Transportation - School bus stop arm cameras, permit schools to maintain and install Public Safety - School bus stop arm cameras, permit schools to maintain and install Administrative Regulations and Proceedings - Transportation Cabinet, school bus stop arm cameras, procedure for contest to citation, regulations Local Mandate - School bus stop arm cameras, permit schools to maintain and install |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | R. Goforth |
| Summary | Retain all original provisions except permit the Transportation Cabinet to contract with a third-party for the processing and enforcement of stop arm camera violations; require notice of a uniform civil citation for a stop arm camera violation to be sent by certified mail; increase the time to pay a civil penalty for a stop arm camera violation from 30 days to 60 days; prohibit the cabinet from entertaining a contest to or defending an appeal of a uniform civil citation issued by a third-party designee; permit an appeal of a contest to a uniform civil citation to be brought in the District Court of the county of the offense instead of Franklin Circuit Court; reduce the percentage a school district receives from a civil penalty collected by the cabinet for a stop arm camera violation from 80% to 10%; increase the percentage the cabinet receives from a civil penalty collected by the cabinet for a stop arm camera violation from 10% to 80%. |
| Index Headings |
State Agencies - Transportation Cabinet, stop arm camera violation, limit authority when issued by third-party State Agencies - Transportation Cabinet, stop arm camera violation, permit designation of third-party to enforce Transportation - School bus stop arm cameras, recorded violation, increase period of time to pay Notices - Stop arm camera violation, require notice to be sent by certified mail within 30 days |
Last updated: 10/27/2020 12:10 PM (EDT)
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