I would but it looks like it's been stuck in committee since 1/27/21. Presumed to be deceased.
Code:
As Introduced
134th General Assembly
Regular Session S. B. No. 23
2021-2022
Senator Gavarone
A B I L L
To amend sections 4511.751 and 4511.76 and to enact
sections 5.501, 4511.752, 4511.753, 4511.754,
4511.755, 4511.756, and 4511.757 of the Revised
Code to impose a civil penalty when a driver who
illegally passes a school bus cannot be
identified, to designate the month of August as
"School Bus Safety Awareness Month," and to
designate this act as the School Bus Safety Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.751 and 4511.76 be amended
and sections 5.501, 4511.752, 4511.753, 4511.754, 4511.755,
4511.756, and 4511.757 of the Revised Code be enacted to read as
follows:
Sec. 5.501. The month of August is designated as "School
Bus Safety Awareness Month" to increase public awareness of the
need to properly stop when a stopped school bus is loading and
unloading passengers.
Sec. 4511.751. (A) As used in this section, "license
plate" includes, but is not limited to, any temporary license
placard issued under section 4503.182 of the Revised Code or
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similar law of another jurisdiction.
(B) When the operator of a school bus believes that a
motorist has violated division (A) of section 4511.75 of the
Revised Code, the operator shall report the license plate number
and a general description of the vehicle and of the operator of
the vehicle to the law enforcement agency exercising
jurisdiction over the area where the alleged violation occurred.
The information contained in the report relating to the license
plate number and to the general description of the vehicle and
the operator of the vehicle at the time of the alleged violation
may be supplied by any person with first-hand knowledge of the
information. Information of which the operator of the school bus
has first-hand knowledge also may be corroborated by any other
person, or an image, images, or video recorded by a school bus
camera installed pursuant to section 4511.76 of the Revised
Code.
(C) Upon receipt of the report of the alleged violation of
division (A) of section 4511.75 of the Revised Code, the law
enforcement agency shall conduct an investigation to attempt to
determine or confirm the license plate of the vehicle or the
identity of the operator of the vehicle at the time of the
alleged violation. The law enforcement agency may use a
sufficiently clear image, images, or video provided by a school
bus camera installed pursuant to section 4511.76 of the Revised
Code to determine the identity of the operator of the vehicle or
the vehicle's license plate at the time of the alleged
violation.
(D) If the identity of the operator at the time of the
alleged violation is established, the reporting of the license
plate number of the vehicle shall establish probable cause for
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the law enforcement agency to issue a criminal citation for the
violation of division (A) of section 4511.75 of the Revised
Code. However, if
(E) If the identity of the operator of the vehicle at the
time of the alleged violation cannot be established, the law
enforcement agency shall issue a warning do one of the
following, as applicable:
(1) Issue a ticket for a civil penalty of three hundred
dollars to the registered owner of the vehicle at the time of
the alleged violation, except in the case of a leased or rented
vehicle when the warning shall be issued to the lessee at the
time of the alleged violation in accordance with sections
4511.752 to 4511.757 of the Revised Code. A law enforcement
agency shall not issue a ticket under this division unless both
of the following apply:
(a) The entity responsible for operation of the school bus
that is the subject of the alleged violation has installed a
camera pursuant to section 4511.76 of the Revised Code on all
school buses actively operated by the entity;
(b) The recorded image meets all requirements necessary to
issue a ticket under section 4511.753 of the Revised Code.
(2) If a ticket cannot be issued under division (E)(1) of
this section, issue a warning to the registered owner of the
vehicle at the time of the alleged violation. A law enforcement
agency shall issue a warning under this division when the
recorded image, images, or video are sufficiently clear to
identify the license plate of the vehicle that is the subject of
the alleged violation.
(F) A law enforcement agency shall not issue both a
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criminal citation and a civil ticket for a single instance of a
violation of division (A) of section 4511.75 of the Revised
Code.
(G) The registrar of motor vehicles and deputy registrars
shall, at the time of issuing license plates to any person,
include with the license plate a summary of the requirements of
division (A) of section 4511.75 of the Revised Code and the
procedures of, and penalty in, division (F) of section 4511.75
of the Revised Code.
Sec. 4511.752. As used in sections 4511.751 to 4511.757
and section 4511.76 of the Revised Code:
(A) "Designated party" means the person whom the
registered owner of a vehicle, upon receipt of a ticket based
upon images recorded by a school bus camera that indicate a
traffic law violation, identifies as the person who was
operating the vehicle of the registered owner at the time of the
violation.
(B) "Law enforcement officer" means a sheriff, deputy
sheriff, marshal, deputy marshal, police officer of a police
department of any municipal corporation, police constable of any
township, or police officer of a township or joint police
district, who is employed on a permanent, full-time basis by a
law enforcement agency.
(C) "Motor vehicle leasing dealer" has the same meaning as
in section 4517.01 of the Revised Code.
(D) "Motor vehicle renting dealer" has the same meaning as
in section 4549.65 of the Revised Code.
(E) "Recorded images" means either of the following
images, recorded by a school bus camera, that are sufficiently
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clear and show, on at least one image or on a portion of the
videotape, the rear of a vehicle and the letters and numerals on
the rear license plate of the vehicle:
(1) Two or more photographs, microphotographs, electronic
images, or digital images;
(2) Videotape.
(F) "Registered owner" means all of the following:
(1) Any person or entity identified by the bureau of motor
vehicles or any other state motor vehicle registration bureau,
department, or office as the owner of a vehicle;
(2) The lessee of a vehicle under a lease of six months or
longer;
(3) The renter of a vehicle pursuant to a written rental
agreement with a motor vehicle renting dealer.
(G) "School bus camera" means an electronic system located
on a school bus that consists of a photographic, video, or
electronic camera, and that can produce recorded images.
(H) "Entity responsible for operation of the school bus"
means the applicable board of education of a city, local or
exempted village school district, the governing board of an
educational service center, county boards of developmental
disabilities, or the governing authority of all non-public
schools, community schools, private contractors, and head start
programs that is responsible for the operation of the school bus
on which a school bus camera is installed.
(I) "Ticket" means any traffic ticket, citation, summons,
or other ticket issued in response to an alleged traffic law
violation detected by a school bus camera that represents a
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civil violation.
(J) "Traffic law violation" means a violation of division
(A) of section 4511.75 of the Revised Code, or a substantially
equivalent municipal ordinance, when division (E) of section
4511.751 of the Revised Code applies.
Sec. 4511.753. (A)(1) Subject to division (E)(1) of
section 4511.751 of the Revised Code, when a law enforcement
agency receives a report under division (B) of that section, and
the identity of the operator of the vehicle at the time of the
alleged violation cannot be established, the law enforcement
agency may use any lawful means to identify the registered owner
for purposes of issuing a ticket under this section to that
owner if all of the following are shown on the image recorded by
a school bus camera:
(a) The traffic law violation;
(b) The date and time of the violation;
(c) The letter and numerals on the license plate of the
vehicle involved and the state that issued the license plate.
(2) The fact that a person or entity is the registered
owner of a vehicle is prima facie evidence that that person or
entity is the person who was operating the vehicle at the time
of the traffic law violation.
(B)(1) After the identification of the registered owner
under division (A) of this section and within thirty days of the
traffic law violation, the law enforcement agency may issue and
send by regular mail a ticket charging the registered owner with
the violation.
(2) A traffic law violation for which a ticket is issued
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by a law enforcement agency based on evidence recorded by a
school bus camera is a civil violation. The ticket shall comply
with the requirements of section 4511.754 of the Revised Code,
and the fine for the ticket is three hundred dollars.
(C) A law enforcement agency that mails a ticket charging
the registered owner with the traffic law violation shall,
without unnecessary delay, file a certified copy of the ticket
with the municipal court or county court with jurisdiction over
the civil action.
(D) A certified copy of the ticket alleging a traffic law
violation, sworn to or affirmed by a law enforcement officer
employed by the law enforcement agency, including by electronic
means, and the recorded images produced by the school bus
camera, is prima facie evidence of the facts contained therein
and is admissible in a civil action or proceeding concerning the
ticket issued under this section.
Sec. 4511.754. A law enforcement agency shall ensure that
a ticket for a traffic law violation sent under section 4511.753
of the Revised Code contains all of the following:
(A) The name and address of the registered owner;
(B) The letters and numerals appearing on the license
plate issued to the vehicle;
(C) The traffic law violation charged;
(D) A statement that the violation was recorded by a
school bus camera;
(E) The date and time of the violation;
(F) A copy of the recorded images;
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(G) The amount of the civil penalty imposed, the date by
which the civil penalty is required to be paid, and the address
of the municipal court or county court with jurisdiction over
the civil action to which the payment is to be sent;
(H) A statement signed by a law enforcement officer
indicating that, based on an inspection of the recorded images,
the vehicle was involved in a traffic law violation and the
recorded images are prima facie evidence of that traffic law
violation. The law enforcement officer may sign the statement
electronically.
(I) Information advising the person or entity alleged to
be liable of the options prescribed in section 4511.755 of the
Revised Code. The law enforcement agency shall include with the
information the time, place, and manner in which the person or
entity may appear in court to contest the violation and ticket
and the procedure for disclaiming liability by submitting an
affidavit to the municipal court or county court as prescribed
in section 4511.755 of the Revised Code.
(J) A warning that failure to exercise one of the options
prescribed in section 4511.755 of the Revised Code is deemed to
be an admission of liability and waiver of the opportunity to
contest the violation.
Sec. 4511.755. A person or entity who receives a ticket
for a civil violation sent under section 4511.753 of the Revised
Code shall elect to do one of the following:
(A) In accordance with instructions on the ticket, pay the
civil penalty, thereby admitting liability and waiving the
opportunity to contest the violation;
(B)(1) Within thirty days after receipt of the ticket,
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provide the municipal court or county court with jurisdiction
over the civil action with either of the following affidavits:
(a) An affidavit executed by the registered owner and the
operator of the vehicle at the time of the violation identifying
that operator as the designated party who may be held liable for
the violation, and containing at a minimum the name and address
of that designated party;
(b) An affidavit executed by the registered owner stating
that at the time of the violation, the vehicle or the license
plates issued to the vehicle were stolen and therefore were in
the care, custody, or control of some person or entity to whom
the registered owner did not grant permission to use the
vehicle. To demonstrate that the vehicle or the license plates
were stolen prior to the traffic law violation and therefore
were not under the control or possession of the registered owner
at the time of the violation, the registered owner shall submit
proof that a report about the stolen vehicle or license plates
was filed with the appropriate law enforcement agency prior to
the violation or within forty-eight hours after the violation
occurred.
(2) A registered owner is not responsible for a traffic
law violation if, within thirty days after the date of mailing
of the ticket, the registered owner furnishes an affidavit
specified in division (B)(1)(a) or (b) of this section to the
court with jurisdiction in a form established by the court and
the following conditions are met:
(a) If the registered owner and the operator of the
vehicle at the time of the violation submit an affidavit as
specified in division (B)(1)(a) of this section, the operator as
the designated party either accepts liability for the violation
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by paying the civil penalty or by failing to request a court
hearing within thirty days or is determined liable in a court
hearing.
(b) If the registered owner submits an affidavit as
specified in division (B)(1)(b) of this section, the affidavit
is supported by a stolen vehicle or stolen license plate report
as required in that division.
(C) If the registered owner is a motor vehicle leasing
dealer or a motor vehicle renting dealer, notify the court with
jurisdiction of the name and address of the lessee or renter of
the vehicle at the time of the traffic law violation. The court
shall establish the form of the notice. A motor vehicle leasing
dealer or motor vehicle renting dealer who receives a ticket for
an alleged traffic law violation detected by a school bus camera
is not liable for a ticket issued for a vehicle that was in the
care, custody, or control of a lessee or renter at the time of
the alleged violation. The dealer shall not pay such a ticket
and subsequently attempt to collect a fee or assess the lessee
or renter a charge for any payment of such a ticket made on
behalf of the lessee or renter.
(D) If the vehicle involved in the traffic law violation
is a commercial motor vehicle and the ticket is issued to a
corporate entity, provide to the court with jurisdiction an
affidavit in a form established by the court, sworn to or
affirmed by an agent of the corporate entity, that provides the
name and address of the employee who was operating the vehicle
at the time of the alleged violation and who is the designated
party;
(E) Contest the ticket by filing a written request for a
court hearing to review the ticket in a form established by the
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court. The person shall file the written request not later than
thirty days after receipt of the ticket. The failure to request
a hearing within this time period constitutes a waiver of the
right to contest the violation and ticket, and is deemed to
constitute an admission of liability.
Sec. 4511.756. (A)(1) A court with jurisdiction that
receives an affidavit described in division (B)(1)(a) or (D) of
section 4511.755 of the Revised Code or a notification under
division (C) of that section from a registered owner may proceed
to notify the law enforcement agency to send a ticket that
conforms with this section and section 4511.754 of the Revised
Code to the designated party.
(2) The law enforcement agency shall send the conforming
ticket to the designated party by ordinary mail not later than
twenty-one days after receipt of the notification from the
court.
(B)(1) If the court finds by a preponderance of the
evidence that the alleged traffic law violation did in fact
occur and that the person named in the original or any
subsequent ticket is the person who was operating the vehicle at
the time of the violation, the court shall issue a written
decision imposing liability for the violation upon the
individual and submit it to the law enforcement agency and the
person named in the ticket.
(2) If the court finds by a preponderance of the evidence
that the alleged traffic law violation did not occur or did in
fact occur but the person named in the original or any
subsequent ticket is not the person who was operating the
vehicle at the time of the violation, the court shall issue a
written decision finding that the individual is not liable for
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the violation and submit it to the law enforcement agency and
the person named in the ticket.
(3) If the person who requested the court hearing fails to
appear, the court shall determine that the person is liable for
the violation. In such a case, the court shall issue a written
decision imposing liability for the violation upon the
individual and submit it to the law enforcement agency and the
person named in the ticket.
(4) The court shall render a decision on the day a hearing
takes place.
(C) The court shall charge the applicable court costs and
fees for the civil action to the party that does not prevail in
the action.
Sec. 4511.757. (A) The three-hundred-dollar civil penalty
charged under division (E) of section 4511.751 of the Revised
Code shall be distributed as follows:
(1) Twenty-five dollars to the political subdivision with
jurisdiction over the law enforcement officer who issued the
ticket;
(2) Twenty-five dollars to the school bus safety and
education fund created in division (B) of this section;
(3) Two hundred fifty dollars to the entity responsible
for operation of the school bus. Of that amount, if the entity
responsible for operation of the school bus is under contract
with a company to install and manage cameras on the entity's
school buses, the entity shall pay not more than one hundred
fifty dollars to the company.
Nothing in this division shall be construed to require an
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entity responsible for operation of a school bus to enter into a
contract with a company to install and manage cameras on the
entity's school buses.
(B) There is hereby created in the state treasury the
school bus safety and education fund. The fund shall consist of
a portion of the money received from the issuance of civil
penalties for traffic law violations. The superintendent of
public instruction shall use money in the fund to enhance school
bus safety and raise public awareness of the laws governing
school bus safety. All investment earnings of the fund shall be
credited to the fund.
Sec. 4511.76. (A) The department of public safety, by and
with the advice of the superintendent of public instruction,
shall adopt and enforce rules relating to the construction,
design, and equipment of all school buses both publicly and
privately owned and operated in this state, including lighting
rules governing both of the following:
(1) Lighting equipment required by section 4511.771 of the
Revised Code, of all school buses both publicly and privately
owned and operated in this state;
(2) A school bus camera that provides an image, images, or
video solely for purposes of recording a violation of division
(A) of section 4511.75 of the Revised Code.
(B) The department of education, by and with the advice of
the director of public safety, shall adopt and enforce rules
relating to the operation of all vehicles used for pupil
transportation.
(C) No person shall operate a vehicle used for pupil
transportation within this state in violation of the rules of
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the department of education or the department of public safety.
No person, being the owner thereof or having the supervisory
responsibility therefor, shall permit the operation of a vehicle
used for pupil transportation within this state in violation of
the rules of the department of education or the department of
public safety.
(D) The department of public safety shall adopt and
enforce rules relating to the issuance of a license under
section 4511.763 of the Revised Code. The rules may relate to
the moral character of the applicant; the condition of the
equipment to be operated; the liability and property damage
insurance carried by the applicant; the posting of satisfactory
and sufficient bond; and such other rules as the director of
public safety determines reasonably necessary for the safety of
the pupils to be transported.
(E) A chartered nonpublic school may own and operate, or
contract with a vendor that supplies, a vehicle originally
designed for not more than nine passengers, not including the
driver, to transport students to and from regularly scheduled
school sessions when one of the following applies:
(1) A student's school district of residence has declared
the transportation of the student impractical pursuant to
section 3327.02 of the Revised Code; or
(2) A student does not live within thirty minutes of the
chartered nonpublic school and the student's school district is
not required to transport the student under section 3327.01 of
the Revised Code.
(F) As used in this section, "vehicle used for pupil
transportation" means any vehicle that is identified as such by
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the department of education by rule and that is subject to
Chapter 3301-83 of the Administrative Code.
(G) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender previously has been convicted of or pleaded guilty to
one or more violations of this section or section 4511.63,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to
any of those sections, whoever violates this section is guilty
of a misdemeanor of the fourth degree.
Section 2. That existing sections 4511.751 and 4511.76 of
the Revised Code are hereby repealed.
Section 3. This act shall be known as the School Bus
Safety Act.
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