School buses: passing violations: automated video enforcement.

Existing law requires the driver of any vehicle, upon meeting or overtaking any schoolbus equipped with required signs that is stopped for the purpose of loading or unloading any schoolchildren and displaying a flashing red light signal and stop signal arm, if equipped with a stop signal arm, to bring the vehicle to a stop immediately before passing the schoolbus and to not proceed past the schoolbus until the flashing red light signal and stop signal arm cease operation. A violation of these provisions is a crime. This bill would authorize a school district to install and operate an automated schoolbus video enforcement system, as defined, for the purpose of enforcing the violation described above. The bill would require the county to transfer to the school district, on a monthly basis, the base fines paid for violations of the provisions described above when the violation was captured by the automated schoolbus video enforcement system and the image or video was used to convict the offender. The bill would also authorize a school district to assess a $150 civil penalty for the conduct described above if (1) the conduct was captured by an automated schoolbus video enforcement system installed and operated by the school district and (2) the driver of the vehicle was not criminally prosecuted for the violation described above based on the same instance. The bill would require a school district that establishes a civil penalty program to issue nonbinding warning letters to drivers for the first 6 months and to establish administrative hearing procedures in accordance with due process. The bill would require additional signage on schoolbuses relative to the video enforcement system. The bill would prohibit a school district from using automated schoolbus video enforcement systems or information gathered from those systems for any purpose other than those authorized by these provisions. The bill would require the Legislative Analyst's Office to prepare and submit a report to the Legislature regarding the effect and efficacy of the various automated schoolbus video enforcement systems used by school districts on or before January 1, 2019, and every 2 years thereafter, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.