2025 -- S 0568 SUBSTITUTE A | |
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LC001744/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- SCHOOL BUS SAFETY | |
ENFORCEMENT | |
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Introduced By: Senators Tikoian, LaMountain, Ciccone, Burke, Felag, Dimitri, Rogers, | |
Date Introduced: February 26, 2025 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-51-2, 31-51-3, and 31-51-5.1 of the General Laws in Chapter 31- |
2 | 51 entitled "School Bus Safety Enforcement" are hereby amended to read as follows: |
3 | 31-51-2. Live digital video school bus violation detection monitoring systems. |
4 | (a) All school departments of this state are hereby authorized to install and operate live |
5 | digital video school bus violation detection monitoring systems. Such systems shall at a minimum, |
6 | be systems which monitor and detect school bus traffic violations. For purposes of this chapter a |
7 | live digital video school bus violation detection monitoring system means a system with one or |
8 | more camera sensors and computers which produce live digital and recorded video of motor |
9 | vehicles being operated in violation of school bus traffic laws in violation of 31-20-12. All systems |
10 | installed for used use under this chapter must shall, at a minimum, produce a live visual image |
11 | viewable remotely, a recorded image of the license plate, and be able to record the time, date, and |
12 | location of the vehicle, and a signed affidavit by a person who witnessed the violation via live |
13 | video. |
14 | (b) On and after July 1, 2027, all new school buses to be operated pursuant to § 31-20- |
15 | 11(a) shall be equipped with a live digital video school bus violation detection monitoring system |
16 | that conforms with the requirements of subsection (a) of this section. |
17 | (c) On and after July 1, 2032, all school buses to be operated pursuant to § 31-20-11(a) |
18 | shall be equipped with a live digital video school bus violation detection monitoring system that |
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1 | conforms with the requirements of subsection (a) of this section. |
2 | (b)(d) The school departments may enter into an agreement with a private corporation or |
3 | other entity to provide live digital video school bus violation detection monitoring systems and to |
4 | maintain and operate such systems. |
5 | 31-51-3. Procedure — Notice. |
6 | (a) Except as expressly provided in this chapter, all prosecutions based on evidence |
7 | produced by a live digital video school bus violation detection monitoring system shall follow the |
8 | procedures established in chapter 41.1 of this title, chapter 18 of title 8 and the rules promulgated |
9 | by the chief magistrate of the traffic tribunal for the hearing of civil traffic violations in the traffic |
10 | tribunal. Provided, that in an action brought pursuant to the provisions of this chapter, references |
11 | in chapter 41.1 of this title to an “operator” shall apply to the registered owner of the vehicle. A |
12 | summons may be issued by an officer solely based on evidence obtained by use of a live digital |
13 | video school bus violation detection monitoring system. All summonses issued based on evidence |
14 | obtained from a live digital video school bus violation detection monitoring system shall be issued |
15 | within ten (10) days of the violation. Notwithstanding any provisions of the general laws to the |
16 | contrary, exclusive jurisdiction to hear and decide any violation under this chapter shall be with the |
17 | traffic tribunal. as follows: |
18 | (1) By the traffic tribunal over all violations for which the summons is issued by a state |
19 | agency; |
20 | (2) By the traffic tribunal over all violations for which the summons is issued by a city or |
21 | town which has not established a municipal court; and |
22 | (3) By the municipal court over all violations for which the summons is issued by a city or |
23 | town which has established a municipal court. |
24 | (b) It shall be sufficient to commence a prosecution based on evidence obtained from a live |
25 | digital video school bus violation detection monitoring system. A copy of the summons and |
26 | supporting documentation shall be mailed to the address of the registered owner kept on file by the |
27 | registry of motor vehicles. For purposes of this section, the date of issuance shall be the date of |
28 | mailing. |
29 | (c) The officer issuing the citation shall certify under penalties of perjury that the evidence |
30 | obtained from the live digital video school bus violation detection monitoring system was sufficient |
31 | to demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all |
32 | prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient proof |
33 | of actual notice in all cases where the citation is not answered within the time period permitted. |
34 | (d) The summons shall contain all the information provided for on the uniform summons |
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1 | as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the |
2 | traffic tribunal as well as the date, time, and location of the violation. In addition, the following |
3 | information shall be attached to or accompany the summons: |
4 | (1) Copies of two (2) or more photographs, or microphotographs, videos, or other recorded |
5 | images taken as proof of the violation; |
6 | (2) A signed statement certified under the penalties of perjury by a trained law enforcement |
7 | officer that, based on inspection of recorded images and video, the motor vehicle was being |
8 | operated in violation of this chapter; |
9 | (3) A signed statement that recorded images are evidence of a violation of this chapter; |
10 | (4) A statement that the person who receives the summons under this chapter may either |
11 | pay the civil fine in accordance with the provisions of § 31-51-2.2, proceed under § 31-51-5(c)(3) |
12 | of this section, or elect to stand trial for the alleged violation; |
13 | (5) A signed affidavit by a person who witnessed the motor vehicle being operated in |
14 | violation of this chapter; and |
15 | (6) A signed statement certified under the penalties of perjury by a trained law enforcement |
16 | officer that the summons and attachments required under this subsection were mailed to the address |
17 | of the registered owner kept on file by the registry of motor vehicles. |
18 | (e) Any summons issued pursuant to this chapter shall be issued by a law enforcement |
19 | officer authorized to issue a traffic violation summons pursuant to this title. |
20 | 31-51-5.1. Revenue. |
21 | The revenue generated from each fine imposed pursuant to this chapter shall be allocated |
22 | as follows: |
23 | (1) Seventy-five percent (75%) to the vendor; |
24 | (2) Twelve and one-half percent (12.5%) Forty percent (40%) to the state general fund; and |
25 | (3) Twelve and one-half percent (12.5%) to the |
26 | (2)(i) Thirty percent (30%) to the municipality where the violation takes place; and |
27 | (ii) Thirty percent (30%) to the vendor who supplies and supports the video detection |
28 | monitoring system being used. |
29 | SECTION 2. Section 8-18-3 of the General Laws in Chapter 8-18 entitled "State and |
30 | Municipal Court Compact" is hereby amended to read as follows: |
31 | 8-18-3. Jurisdiction for certain violations. [Effective until January 15, 2027.] |
32 | (a) Subject to subsection (b) of this section, jurisdiction over the adjudication of matters |
33 | relating to violations enumerated in the following sections of the general laws is hereby conferred |
34 | upon the municipal courts and the traffic tribunal: |
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1 | 31-13-4 31-13-9 31-13-11 31-14-3 31-14-9 31-15-1 31-15-3 |
2 | 31-15-4 31-15-5 31-15-6 31-15-7 31-15-9 31-15-11 31-15-12 |
3 | 31-15-13 31-16-1 31-16-2 31-16-4 31-16-5 31-16-7 31-16-9 |
4 | 31-17-1 31-17-2 31-17-4 31-17-6 31-17-7 31-18-12 31-20-1 |
5 | 31-20-2 31-20-9 31-21-4 31-22-2 31-22-4 31-22-5 31-22-6 |
6 | 31-22-7 31-22-8 31-22-9 31-23-1 31-23-8 31-23-13 31-23-14 |
7 | 31-23-15 31-24-1 31-24-4 31-24-5 31-24-7 31-24-12 31-38-4 |
8 | 31-12-12 37-15-7 31-3-29 31-3-30 31-3-34 31-3-35 31-8-1 |
9 | 31-10-32 31-10.1-1 31-10.1-4 31-10.1-5 31-10.1-6 31-13-6 31-15-8 |
10 | 31-23-45 31-14-1 31-17-3 31-23-4 31-23-10 31-23-17 31-23-19 |
11 | 31-23-20 31-23-26 31-23-27 31-23-40 31-23-42.1 31-3-18 31-10-27 |
12 | 31-18-3 31-10.1-7 31-38-3 31-14-12 31-17-5 31-25-9 31-25-11 |
13 | 31-25-12 31-25-12.1 31-25-10 31-22-1 31-24-34 31-27-9 31-3-9 |
14 | 31-15-10 31-18-8 31-25-17 31-10.1-4 31-23-43 31-23-29 31-24-45 |
15 | 31-17-8 31-24-10 31-23-47 31-12-9 31-15-16 24-10-18 31-19-5 |
16 | 31-3-12 31-24-9 31-22-22 31-28-7 31-28-7.1 31-3-32 31-18-4 |
17 | 24-10-18 31-18-5 31-18-15 31-18-18 31-21-14 31-22-3 31-23-16 |
18 | 31-24-6 31-24-8 31-24-31 31-27-16 31-22-23 31-10-30 31-10-10 |
19 | 31-19-3 31-3-40 31-22-24 31-23-51 31-7-1 31-15-2 31-15-12.1 |
20 | 31-16-8 31-20-17 31-24-16 31-24-17 31-24-20 31-24-22 31-24-23 |
21 | 31-24-24 31-24-25 31-24-26 31-24-27 31-24-28 31-24-29 31-24-30 |
22 | 31-24-32 31-24-33 31-24-36 31-24-38 31-24-39 31-24-40 31-24-41 |
23 | 31-24-42 31-24-43 31-24-46 31-24-49 31-24-51 31-24-53 31-26-3.1 |
24 | 31-27-17 31-27-19 31-33-2 31-45-1 4-1-26 31-10.1-2 31-20-10 |
25 | 31-22-13 31-24-13 31-27-10 31-41.1-4 31.41.2-3 Chapter 31-51 |
26 | (Speeding (A)). |
27 | (b) Except as provided in §§ 8-18-9, 8-18-10, and 31-41.1-11 jurisdiction over violations |
28 | enumerated in subsection (a) shall be exercised as follows: |
29 | (1) By the traffic tribunal over all violations for which the summons is issued by a state |
30 | agency; |
31 | (2) By the traffic tribunal over all violations for which the summons is issued by a city or |
32 | town which has not established a municipal court; and |
33 | (3) By the municipal court over all violations for which the summons is issued by a city or |
34 | town which has established a municipal court. |
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1 | 8-18-3. Jurisdiction for certain violations. [Effective January 15, 2027.] |
2 | (a) Subject to subsection (b) of this section, jurisdiction over the adjudication of matters |
3 | relating to violations enumerated in the following sections of the general laws is hereby conferred |
4 | upon the municipal courts and the traffic tribunal: |
5 | 31-13-4 31-13-9 31-13-11 31-14-3 31-14-9 31-15-1 31-15-3 |
6 | 31-15-4 31-15-5 31-15-6 31-15-7 31-15-9 31-15-11 31-15-12 |
7 | 31-15-13 31-16-1 31-16-2 31-16-4 31-16-5 31-16-7 31-16-9 |
8 | 31-17-1 31-17-2 31-17-4 31-17-6 31-17-7 31-18-12 31-20-1 |
9 | 31-20-2 31-20-9 31-21-4 31-22-2 31-22-4 31-22-5 31-22-6 |
10 | 31-22-7 31-22-8 31-22-9 31-23-1 31-23-8 31-23-13 31-23-14 |
11 | 31-23-15 31-24-1 31-24-4 31-24-5 31-24-7 31-24-12 31-38-4 |
12 | 31-12-12 37-15-7 31-3-29 31-3-30 31-3-34 31-3-35 31-8-1 |
13 | 31-10-32 31-10.1-1 31-10.1-4 31-10.1-5 31-10.1-6 31-13-6 31-15-8 |
14 | 31-23-45 31-14-1 31-17-3 31-23-4 31-23-10 31-23-17 31-23-19 |
15 | 31-23-20 31-23-26 31-23-27 31-23-40 31-23-42.1 31-3-18 31-10-27 |
16 | 31-18-3 31-10.1-7 31-38-3 31-14-12 31-17-5 31-25-9 31-25-11 |
17 | 31-25-12 31-25-12.1 31-25-10 31-22-1 31-24-34 31-27-9 31-3-9 |
18 | 31-15-10 31-18-8 31-25-17 31-10.1-4 31-23-43 31-23-29 31-24-45 |
19 | 31-17-8 31-24-10 31-23-47 31-12-9 31-15-16 24-10-18 31-19-5 |
20 | 31-3-12 31-24-9 31-22-22 31-28-7 31-28-7.1 31-3-32 31-18-4 |
21 | 24-10-18 31-18-5 31-18-15 31-18-18 31-21-14 31-22-3 31-23-16 |
22 | 31-24-6 31-24-8 31-24-31 31-27-16 31-22-23 31-10-30 31-10-10 |
23 | 31-19-3 31-3-40 31-22-24 31-23-51 31-7-1 31-15-2 31-15-12.1 |
24 | 31-16-8 31-20-17 31-24-16 31-24-17 31-24-20 31-24-22 31-24-23 |
25 | 31-24-24 31-24-25 31-24-26 31-24-27 31-24-28 31-24-29 31-24-30 |
26 | 31-24-32 31-24-33 31-24-36 31-24-38 31-24-39 31-24-40 31-24-41 |
27 | 31-24-42 31-24-43 31-24-46 31-24-49 31-24-51 31-24-53 31-26-3.1 |
28 | 31-27-17 31-27-19 31-33-2 31-45-1 4-1-26 31-10.1-2 31-20-10 |
29 | 31-22-13 31-24-13 31-27-10 31-41.1-4 Chapter 31-51 |
30 | (Speeding (A)). |
31 | (b) Except as provided in §§ 8-18-9, 8-18-10, and 31-41.1-11 jurisdiction over violations |
32 | enumerated in subsection (a) shall be exercised as follows: |
33 | (1) By the traffic tribunal over all violations for which the summons is issued by a state |
34 | agency; |
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1 | (2) By the traffic tribunal over all violations for which the summons is issued by a city or |
2 | town which has not established a municipal court; and |
3 | (3) By the municipal court over all violations for which the summons is issued by a city or |
4 | town which has established a municipal court. |
5 | Compiler’s Notes. |
6 | Section 31-10.1-2, referred to in the table in subsection (a) of this section, is repealed by |
7 | P.L. 2024, ch. 41, § 3 and P.L. 2024, ch. 42, § 3, effective August 31, 2024. |
8 | SECTION 3. This act shall take effect upon passage. |
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LC001744/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- SCHOOL BUS SAFETY | |
ENFORCEMENT | |
*** | |
1 | This act would require that all new school buses be equipped with live digital video school |
2 | bus violation detection monitoring systems as of July 1, 2027. All buses, new and used, would be |
3 | required to have the monitoring systems installed by July 1, 2032. This act would also provide that |
4 | jurisdiction over all prosecutions based on evidence produced by a live digital video school bus |
5 | violation detection monitoring system would be shared between the municipal courts and the traffic |
6 | tribunal. This act would also amend the distribution of revenues from fines imposed for violations |
7 | of chapter 31 of title 51 ("School Bus Safety Enforcement"). |
8 | This act would take effect upon passage. |
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LC001744/SUB A | |
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