LEGISLATIVE FISCAL ESTIMATE

[First Reprint]

ASSEMBLY, No. 1432

STATE OF NEW JERSEY

221st LEGISLATURE

 

DATED: JANUARY 9, 2025

 

 

SUMMARY

 

Synopsis:

Authorizes use of school bus monitoring systems.

Type of Impact:

Initial State expenditure increase.  Annual local expenditure increases and decreases.  Annual local revenue increases.

Agencies Affected:

New Jersey Motor Vehicle Commission; Administrative Office of the Courts; Supreme Court of New Jersey; Department of Education; Department of Law and Public Safety; Counties; Municipalities; and School Districts.

 

 

Office of Legislative Services Estimate

Fiscal Impact

 

 

Initial State Expenditure Increase

Indeterminate

 

Annual Local Expenditure Net Impact

Indeterminate

 

Annual Local Revenue Increase

Indeterminate

 

 

 

 

·         The Office of Legislative Services (OLS) estimates there would be an indeterminate expenditure increase for school districts or municipalities that opt to participate in the school bus monitoring program.

·         The bill revises penalties for the illegal passing of a school bus that has activated flashing lights to increase fines, eliminate imprisonment as a possible penalty, and establish mandatory community service.  The OLS estimates that the revisions in fines for offenders without video evidence may increase revenue for counties and municipalities, while the elimination of the option of incarceration may reduce expenditures for counties and municipalities.

·         The bill adds a civil penalty of $250 for offenders when there is recorded evidence of illegally passing a school bus that has flashing lights.  The OLS estimates the new civil penalty will increase municipal revenues, but notes that mandated review of the recorded images by local law enforcement may increase municipal expenditures.

·         Further, the OLS anticipates an initial State expenditure by the Motor Vehicle Commission to adopt rules and regulations to effectuate the purposes of the bill, as well as by the Supreme Court of New Jersey to adopt Rules of Court as appropriate.

 

BILL DESCRIPTION

 

      This bill authorizes the use of a school bus monitoring system to enforce the State law governing passing a school bus. 

      The bill authorizes a municipality or school district operating or providing certain school buses that transport students to contract with a private vendor to provide for the installation, operation, and maintenance of a school bus monitoring system for enforcement purposes.

      The bill requires any suspected violation captured in a recorded image produced by a school bus monitoring system to be made available to the chief law enforcement officer of the municipality in which the violation occurred.  A law enforcement officer is to issue a summons within 90 days of determining that a suspected violation occurred.  The bill provides that recorded images or information produced in these circumstances are not to be retained for more than 60 days after the collection of any civil penalty imposed, and are then to be purged.  All recorded images and information collected, but not resulting in the issuance of a summons are to be purged within 95 days of the recording.

      The bill requires the New Jersey Motor Vehicle Commission to adopt rules and regulations to effectuate the purposes of the bill, including specifications and certification procedures for the school bus monitoring systems and devices that may be installed.  The bill also permits the Supreme Court of New Jersey to adopt Rules of Court as appropriate or necessary to effectuate the purposes of the bill.

      Under current law, school buses are required to exhibit flashing red lights when the bus has stopped for the purpose of receiving or discharging any person with a developmental disability or a child.  Drivers of vehicles approaching or overtaking the school bus are required to stop at least 25 feet from a school bus that has activated its flashing lights.

      This bill revises current fines associated with passing a school bus.  The bill modifies the penalty for a first offense by: 1) changing the fine from no less than $100 to a fixed fine of $250; 2) changing the community service requirement from 15 days to no more than 15 days; and 3) eliminating imprisonment as a possible penalty.  In the case of subsequent offenses, the bill revises the penalty by: (1) changing the fine from no less than $250 to a fixed fine of $500; 2) adding community service of no less than 15 days as an option; and 3) eliminating imprisonment as a possible penalty.

      Additionally, under the bill, a civil penalty of $250 would be imposed on a person who passes a school bus in violation of current law if the violation is evidenced by the recorded images captured by a school bus monitoring system.  Under these circumstances, any civil penalty imposed and collected for this violation is to be forwarded to the financial officer of the municipality in which the violation occurred and used for general municipal and school district purposes, including efforts to improve the monitoring and enforcement of this law through the utilization of a school bus monitoring system and other public education safety programs.

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS anticipates an initial State expenditure by the Motor Vehicle Commission to adopt rules and regulations to effectuate the purposes of the bill as well as by the Supreme Court of New Jersey to adopt Rules of Court as appropriate.  Further, the OLS estimates that for those school districts participating in the program, there would be an increased cost to the district or municipality for the school bus monitoring systems, which may be offset to some extent by the annual revenues from increases in fines and civil penalties.

      State Expenditures:  The OLS estimates that to effectuate the provisions in the bill, there may be State expenditure increases to the Motor Vehicle Commission and the Supreme Court of New Jersey to adopt rules as appropriate.  The bill permits the Motor Vehicle Commission and the Supreme Court to participate in the establishment and adoption of the rules; however, the OLS does not know if the Supreme Court and the Motor Vehicle Commission, respectively, will participate, or to what extent they will participate, in the adoption of the rules.  Depending on the resource allocation polices of the commission and the court, the added initial workload may or may not augment State administrative expenditures.

      The bill imposes certain administrative requirements on the law enforcement agency serving any municipality where a school bus monitoring program is implemented.  While no municipality or school district is required by the bill to institute a school bus monitoring program, if a program is already in place or newly instituted the Division of State Police, if no municipal police department exists, will be required to comply with those requirements.  This may result in increased cost to the Division of State Police.

      School District and Municipal Expenditures: For those school districts opting to participate, the OLS estimates that there may be an indeterminate increase in expenditures to the district or municipality for the school bus monitoring systems.  As of the 2022-2023 school year, there were 593 public school districts.  The Motor Vehicle Commission indicated there were 24,422 registered school buses in calendar year 2023.

 

Number of Motor Vehicle Commission Registered School Buses By Calendar Year

CY 2019

CY 2020

CY 2021

CY 2022

CY 2023

24,932

22,448

22,741

23,538

24,422

*Information provided by the Motor Vehicle Commission, December 2023

      The OLS does not have information on the number of school districts opting to equip school buses or those already equipped with the school bus monitoring systems or the cost of annual maintenance and replacement for the systems to provide an estimate; however, research indicates that in 2021 the Mount Olive School District equipped 72 buses with multiple security cameras specifically to catch violators of the law with $230,400 provided through a State grant.  It was indicated that the cost to equip each bus was $3,200 for camera systems specifically designed to record vehicles that pass buses that have their flashing lights activated and stop-arms extended.  The OLS notes that the $3,200 figure is noted for illustrative purposes only and does not include annual maintenance or replacement costs.

      The OLS estimates that those law enforcement entities in municipalities with school districts opting to participate would experience an increase in expenditures, as each municipality is required to assign a law enforcement officer to review the recorded images of the suspected violations. These images are to be made available to the chief law enforcement officer of the municipality in which the violation occurred.  Depending on each law enforcement agency’s resource allocation policies, the added initial workload may or may not augment the municipality’s administrative expenditures.

      County and Municipal Revenues:  The OLS estimates the bill will result in increased annual revenues from increases in fines and civil penalties.  Currently, the penalty for violating this law without recorded images, for a first offense, is: 1) a fine of no less than $100; 2) imprisonment for no more than 15 days or community service for 15 days; or 3) both.  For subsequent offenses, the penalty is: 1) a fine of no less than $250; 2) imprisonment for no less than 15 days; or 3) both.  The Administrative Office of the Courts indicated there were 2,372 tickets issued from November 1, 2021 to October 31, 2022 for violations for passing stopped school buses under P.L.1942, c.192.  There were 3,189 tickets issued from November 1, 2022 to October 31, 2023.

 

First Offense

 

Fine

Imprisonment and/or Community Service

Current penalty without recorded evidence.

No Less than $100

No more than 15 Days Imprisonment or Community Service for 15 Days

Proposed Assembly Bill No. 1432 (1R) penalty without recorded evidence.

 

Increased to $250

No more than 15 Days of Community Service

 

Subsequent Offenses

 

Fine

Imprisonment and/or Community Service

Current penalty without recorded evidence.

No Less than $250

No more than 15 days of Imprisonment

Proposed Assembly Bill No. 1432 (1R) penalty without recorded evidence.

Increased to $500

No less than 15 days of Community Service

 

      Based on the number of tickets issued in the prior two years, there could be an expected overall increase in annual revenues between $350,000 and $800,000.  Currently under State law, 50 percent of the fine moneys are forwarded to the municipality in which the violation occurred to be used for general municipal use and to defray the costs of operating the municipal court.  Of this 50 percent, up to 25 percent of the moneys may be used to upgrade case processing.  The other 50 percent of the moneys are forwarded to the county in which the moneys were collected.

      Further, the bill eliminates the option of imprisonment as a penalty.  It is unknown how often this penalty has or would have been imposed; however, the elimination could possibly reduce incarceration costs currently borne by counties and municipalities.

      Additionally, for those school districts and municipalities that install the school bus monitoring systems or have already installed these systems, a civil penalty of $250 would be imposed if the violation is evidenced by the recorded images captured by a school bus monitoring system.  Civil penalties imposed and collected for this violation are to be forwarded to the municipality in which

the violation occurred and used for general municipal and school district purposes, including efforts to improve the monitoring and enforcement of this law through the utilization of a school bus monitoring system and other public education safety programs. 

 

Section:

Law and Public Safety

Analyst:

Kristin Brunner Santos

Lead Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).