STATEMENT TO

 

[First Reprint]

ASSEMBLY, No. 1432

 

with Assembly Floor Amendments

(Proposed by Assemblyman KARABINCHAK)

 

ADOPTED: DECEMBER 22, 2025


 

      These floor amendments:

      (1)  revise the penalties for violations of current State law prohibiting drivers from passing a school bus in certain situations to include a $300 fine, rather than a $250 fine, for the first offense;

      (2)  establish new definitions concerning violations of the school bus passing prohibitions established by current State law, as captured by a school bus monitoring system, defined in the bill as a “camera-based violation,” and replace references to “summons” with “notice of liability,” as defined in the bill;

      (3)  provide that a registered owner of a motor vehicle who committed a camera-based violation is to be subject to a civil penalty of $300.  As introduced, the violator would have been subject to a civil penalty of $250, which would have been collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999”;

      (4)  remove certain requirements for a recorded image produced by a digital analog or camera system used as part of a school bus monitoring system;

      (5)  provide that a recorded image is to be sufficient evidence of a camera-based violation and is to be admissible in an administrative proceeding in which a petitioner contests an alleged camera-based violation pursuant to the bill;

      (6)  provide that it is a rebuttable presumption, that is not to be overcome unless a petitioner presents clear and convincing evidence to the contrary that: 

      (a)  a bus that displays certain required features for a school bus, is a school bus; and

      (b)  when a recorded image reveals that a school bus was stopped with its crossing control arm or flashing red light activated, while transporting certain passengers, that such crossing control arm or flashing redlight were activated and operational at that time while the bus was transporting those certain passengers;

      (7)  provide that when a law enforcement officer reviews recorded images and determines there is sufficient evidence to conclude that a camera-based violation occurred, the law enforcement officer, or a designated agency of the law enforcement agency, is required to send a notice of liability, within 90 days of the date of the violation, to the registered owner of the vehicle by first class mail at the address of record with the New Jersey Motor Vehicle Commission, or with any other motor vehicle registration recordkeeping authority, providing the owner with the opportunity to resolve the matter by paying the civil penalty or by contesting the notice of liability in an administrative hearing;

      (8)  provide that mailing of the notice of liability is to constitute notice and is to be admissible in any hearing as to the facts contained in the notice of liability, and to establish certain requirements for what information is to be included in the notice of liability;

      (9)  provide that failure to pay the civil penalty or to contest the notice of liability within 60 days of the mailing of the notice of liability is to result in a late fee of $25;

      (10)  require any recorded image or information produced in connection with a school bus monitoring system to be purged after 120 days, rather than 60 days, and for all recorded images and information collected and not resulting in the issuance of a notice of liability to be purged within 365 days, rather than 95 days, of the recording;

      (11)  provide that a lessor or owner of a motor vehicle is not to be liable for a notice of liability if, within 60 days, the lessor or owner presents certain information demonstrating the lessor or owner was not in possession or control of the vehicle at the time of the camera-based violation or the owner, lessor, or lessee demonstrates that a uniform traffic ticket in the form of a summons was issued for the same camera-based violation;

      (12)  require municipalities to develop and make electronically available a contest of liability form by which a petitioner may contest an alleged camera-based violation and to establish certain requirements and a timeline by which a petitioner is permitted to submit the contest of liability form;

      (13)  establish the timeline, circumstances, and procedures by which a petitioner may reschedule or cancel a scheduled administrative hearing and to provide that the municipality, or a designated agent of the municipality, in which the administrative hearing is adjudicated is to collect the proceeds of any fines assessed, which fines are to be credited to the municipality and to the school district that operates or provides the school bus, whether owned or contracted for services, associated with the camera-based violation, as outlined in the bill;

      (14)  establish procedures to contest a notice of liability and to provide that appeals of a final determination issued by a local hearing officer at the conclusion of an administrative hearing may be appealed to the Superior Court, Law Division, in accordance with the rules and procedures set forth in the Rules of Court as may be established by the Supreme Court of the New Jersey;

      (15)  make technical corrections; and

      (16)  update the synopsis.