SB 420 — AN ACT CONCERNING ILLEGALLY PASSING A SCHOOL BUS.

265 5 sSB420 File No.

265 still or video image pertains.

(NEW) (Effective July 1, 2024) (a) AnyAs municipality,used as defined in sectionthis 7-148section, of"municipal the general statutes, may, by vote of its legislative body, adopt an ordinance to authorize the use of a digital video school bus violation detectionenforcement monitoringsystem" systemmeans toa enforcesystem thewith provisionsone ofor subsectionmore (a)camera ofsensors sectionand 14-279computers ofthat theproduce: general statutes, as amended by this act.

Any(1) ordinanceDigital adoptedand pursuantrecorded tovideo thisimages subsectionof shall,motor subjectvehicles tobeing theoperated proceduresin describedviolation inof thisan section,ordinance establishadopted hearingpursuant andto collectionsubsection procedures,(b) includingof thethis provisionsection, of(2) in-persona andvisual virtualimage hearings,that andis establishviewable aremotely fineand toa berecorded imposedimage uponof the ownernumber orplate operator of a motor vehicle committingviolating aan violationordinance adopted pursuant to subsection (b) of suchthis ordinancesection, inand (3) a recorded image that indicates the amountdate, oftime twoand hundredlocation fiftyof dollars.the violation.

Public Act No.

24-107 6 of 13 Substitute Senate Bill No.

420 (b) (1) Any municipality, as defined in section 7-148 of the general statutes, may, by vote of its legislative body, adopt an ordinance to authorize the use of a municipal school bus violation enforcement system to enforce theprovisionsofsubsection (a)of section14-279of the general statutes, as amended by this act, provided such ordinance:

(A) Specifies that the owner of a motor vehicle commits a violation of the ordinance if the person operating such motor vehicle violates the provisions of subsection (a) of section 14-279 of the general statutes, as amended by this act, unless an affidavit is filed pursuant to subsection (j) of this section, (B) adopts the procedures described in this section and establishesa citationhearingprocedurepursuanttosection7-152cofthe general statutes, as amended by this act, which may include an option for in-person and virtual citation hearings, (C) establishes a fine for committing a violation of such ordinance in the amount of two hundred fifty dollars, (D) permits the municipality or its designated agent to collect such fines, with proceeds credited to the municipality, and (E) requires funds received by the municipality from such fines to be used for the purposes of improving public safety in such municipality, compensating any private vendor that installs, operates or maintains a municipal school bus violation enforcement system or both.

The(2) proceedsNo ofordinance anyadopted finesby collecteda municipality pursuant to suchsubdivision an(1) ordinanceof maythis subsection shall be collectedeffective byif such municipality, the local or regional board of education serving such municipality or itsa designatedprivate agentvendor andunder shallan beagreement creditedwith such municipality or such board of education is operating a live digital video school bus violation detection monitoring system pursuant to section 14-279a of the municipality.general statutes, as amended by this act.

(b)(c) (1) UponA receiptmunicipal ofan evidence file from adigital video school bus violation detectionenforcement monitoringsystem systemthatinstalled capturesto anenforce allegedviolation of an ordinance adopted pursuant to subsection (a)(b) of this section,Public aAct policeNo. officer or authorized municipal employee shall review such file.

24-107 7 of 13 Substitute Senate Bill No.

420 sectionshall,totheextentpracticable,recordimagesofthe numberplate of a motor vehicle only, and shall not record images of the occupants of such motor vehicle or of any other persons or vehicles in the vicinity at the time the images are recorded.

A citation issued under an ordinance adopted pursuant to subsection (b) of this section may not be dismissed inacitationhearingsolelybecausearecordedvideoordigitalstillimage reveals images of such occupants or other persons or vehicles, as long as the operator of such system has made reasonable efforts to comply with the provisions of this subsection.

(2) A warning sign shall be posted on all school buses in which a municipal school bus violation enforcement system is installed and operated indicating the use of such system.

(d) (1) Upon receipt of an evidence file from a municipal school bus violation enforcement system that captures an alleged violation of an ordinance adopted pursuant to subsection (b) of this section, a police officer or authorized municipal employee shall review such file.

(2)Such A police officer or authorized municipal employee mayshall onlyelectronically issuecertify a citationcitation, pursuantand tosuch subdivisioncitation (1)shall ofonly thisbe sectionissued notif latermailed thanwithin thirtythe daystime afterperiod thedescribed datein ofsubdivision the(2) allegedof violation.this subsection.

Such(2) officerIn orthe employeecase shallof electronicallyan certifyalleged suchviolation citation,involving anda motor vehicle registered in the state, the municipality, or its designated agent, shall send,send by first class mail, a copy of thea citation to the owner of the motor vehicle observed in the alleged violation withinnot suchlater thirty-daythirty period.days after the date of the alleged violation.

TheIn citationthe case of an alleged violation involving a motor vehicle registered in another jurisdiction, the municipality, or its designated agent, shall include:send a copy of a citation to the address of the owner that is Public Act No.

(A)24-107 The8 nameof and13 sSB420Substitute /Senate FileBill No.

265420 6in sSB420the Filerecords No.of the official in the other jurisdiction issuing such registration not later than sixty days after the alleged violation.

265(3) addressA ofcitation theissued ownerpursuant to subdivision (1) of thethis motorsubsection vehicle;shall include:

(A) The name and address of the owner of the motor vehicle;

(F) a statement or electronically generated affirmation by the police officer or authorized employee who reviewed the recorded images and determined that the motor vehicle violated an ordinance adopted pursuant to subsection (a)(b) of this section;

(G) the fine imposed pursuant to the ordinance;ordinance and how to pay such fine;

(H) notice of the right to contest the citation and instructions for how to request ana in-personcitation orhearing; virtual hearing pursuant to the ordinance;

and (I) information advising the owner of the motor vehicle of the procedure for disclaiming liability by submitting an affidavit as described in subsection (h)(j) of this section to the municipality or its designated agent.

(c)(e) A certificatecitation or facsimile of a certificate of the review of the evidence produced by the digital video school bus violation detection monitoring system, sworn to by the police officer or authorized municipal employee who conducted such review, shall be primasent facieby evidencefirst ofclass themail. facts contained in such certificate.

(d) A manual or automated record of the mailing of a citation pursuant to subdivision (2) of subsection (b) of this section, prepared by the police officer, authorized employee or vendor in the ordinary course of business,business shall be prima facie evidence of such mailing and shall be admissible in any hearingcitation conductedhearing pursuant to an ordinance adopted in accordance with subsection (a) of this section as to the facts contained in the citation.

(e)(f) AsA providedcertificate inor subsectionfacsimile (b) of sectiona 14-107certificate of the generalreview statutes, proof of the registrationevidence numberproduced ofby the motormunicipal vehicleschool thereinbus concernedviolation shallenforcement besystem,sworntoby prima facie evidence that the ownerpolice wasofficer theoperator thereof, except that, in the case of a leased or rentedauthorizedmunicipalemployee motorwho vehicle,conducted such proofreview, shall be prima facie evidence thatof the lesseefacts wascontained thein operatorsuch thereof.certificate.

A(g) photographicThe orowner digitalof stillora videomotor imagevehicle thatshall clearlybe showsliable thefor numberany platefine ofimposed apursuant vehicleto violating an ordinance adopted pursuant sSB420to /subsection File(b) of this Public Act No.

26524-107 79 sSB420of File13 Substitute Senate Bill No.

265420 tosection, subsectionunless (a)(1) ofthe thisvehicle sectionidentified shallby bea sufficientmunicipal proofschool ofbus violation enforcement system is a leased or rented motor vehicle, in which case the identitylessee of such vehicle shall be liable for purposesany ofsuch fine, or (2) an affidavit is filed pursuant to subsection (b)(j) of sectionthis 14-107section, ofin which case the generaloperator statutes.shall be liable for any such fine.

(f)(h) A digital still or video image produced by a monitoringmunicipal school bus violation enforcement system shall be sufficient evidence of a violation of an ordinance adopted pursuant to subsection (a)(b) of this section and shall be admitted at a citation hearing proceeding without further authentication.

(g)(i)All All defenses shall be availableavailableto to any personpersonwho whoisalleged is alleged to have committed a violation of an ordinance adopted pursuant to subsection (a)(b) of this section, including, but not limited to, thatthat: (1) the violation was necessary to allow the passage of an emergency vehicle, (2) the violation was necessary to avoid injuring the person or property ofanother,(3)theviolationwasincurredwhileparticipating inafuneral procession, (4) the violation was incurred during a period of time in which the motor vehicle had been reported as being stolen to an organized local police department or the state police and had not been recovered prior to the time of the violation, (5) the operator was convicted of a violation of section 14-279 of the general statutes, as amended by this act, for the same incident based upon a separate and distinct summons issued by a sworn police officer, or (6) the violation was necessary in order for the operator to comply with any other general statute or regulation concerning the operation of a motor vehicle.

(h)(1) NotThe lateroperator thanwas thirtydriving daysan afteremergency thevehicle mailingin ofaccordance awith citationthe pursuantprovisions toof subdivision (2)(1) of subsection (b) of thissection section,14-283 of the ownergeneral ofstatutes, a(2) motorthe vehicleviolation maywas submitnecessary ato notarizedallow affidavit,the executedpassage byof suchan owneremergency andvehicle, (3) the violation was necessary in order for the operator ofto suchcomplywithanorderordirectionfromalawenforcementofficer,which vehicleis atobservable on the timerecorded images, (4) the violation was necessary to avoid injuring the person or property of another, (5) the allegedviolation violation,took statingplace thatduring sucha operatorperiod isof time in which the partymotor whovehicle mayhad bebeen responsiblereported foras being stolen to a law enforcement unit, as defined in section 7-294a of the allegedgeneral violationstatutes, and providinghad not been recovered prior to the nametimeoftheviolation,or(6)theoperatorreceivedacitationforaviolation andof addresssection 14-279 of suchthe operator.general statutes, as amended by this act, for the same incident.

If(j) Not later than thirty days after the municipalitymailing orof itsa designatedcitation agentpursuant receivesto suchsubdivision an(2) affidavit,of subsection (d) of this section, the municipalityowner shallof maila motor vehicle may submit a citationnotarized toaffidavit, executed by such operator.owner and the operator of such vehicle at the time of the alleged violation, stating that such operator is the party who may be responsible for the alleged Public Act No.

(i)24-107 No10 recordedof image13 producedSubstitute bySenate aBill monitoring system pursuant to this section may be introduced as evidence in any other civil or criminal sSB420 / File No.

265420 8violation sSB420and Fileproviding No.the name and address of such operator.

265If proceedings,the exceptmunicipality foror aits proceedingdesignated foragent receives such an affidavit, the municipality shall mail a violationcitation ofto sectionsuch 14-279operator ofnot thelater generalthan statutes,thirty asdays amendedafter byreceipt thisof act.the affidavit.

(j)(k) ANo digitalrecorded still or video image produced by a monitoringmunicipal school bus violation enforcement system shallmay be destroyedintroduced theas laterevidence of:in any other civil or criminal proceedings.

(1)(l) NinetyA days after the date of the creation of such digital still or video image,image orproduced (2)by upona finalmunicipal dispositionschool ofbus aviolationenforcementsystemto caseenforce broughtanordinance pursuantadoptedpursuant to a summons issued for a violation of subsection (a)(b) of section 14-279b of the general statutes, as amended by this act,section orshall abe citationdestroyed issuedthe forlater aof: violation of an ordinance adopted in accordance with this section, to which such digital still or video image pertains.

(k)(1) ViolationsNinety days after the date of anthe ordinancecreation adoptedof pursuantsuch todigital thisstill sectionor shallvideo notimage, beor made(2) partupon ofpayment theor drivingfinal recorddisposition of suchall ownermatters andrelated mayto nota becitation usedissued for anya purposeviolation inof thean provisionordinance adopted pursuant to subsection (b) of athis motorsection, vehicleto insurancewhich policy.such digital still or video image pertains.

This(m) actViolations of an ordinance adopted pursuant to subsection (b) of this section shall takenot effectbe made part of the driving control record, as followsdescribed in section 14-111l of the general statutes, of such owner and shallmay amendnot be used for any purpose in the followingprovision sections:of a motor vehicle insurance policy.

Section(n) 1A Julymunicipality 1,or 2024local 14-279or Sec.regional board of education may enter into an agreement with a private vendor for the installation, operation or maintenance, or any combination thereof, of a municipal school bus violation enforcement system for purposes of enforcing an ordinance adopted pursuant to subsection (b) of this section.

2Any Julysuch 1,agreement 2024that 14-279arequires Sec.a vendor to operate such a system shall require such vendor to report to the municipality in which such system operates and the appropriate local or regional board of education, not later than August first following the vendor's first operation of such system pursuant to such agreement, and not later than August first in each year thereafter in which the operation of such system continues pursuant to Public Act No.

324-107 July11 1,of 202413 14-279bSubstitute Sec.Senate Bill No.

4420 Julysuch 1,agreement: 2024 New section Statement of Legislative Commissioners:

In(1) SectionThe 2(d),total "suchnumber images,"of wascitations changedissued in the prior fiscalyear for violationsofanordinance adoptedpursuant to "imagessubsection (b) of suchthis occupantssection orthat otherwere personsdetected orand vehicles,"recorded by the municipal school bus violation enforcement system, and (2) the total amount of funds collected for clarity;such violations in the prior fiscal year.

(o) (1) Each municipality that adopts an ordinance pursuant to subsection (b) of this section shall, not later than October first following adoption of such an ordinance, and not later than October first in Sectioneach 3(a),year "livethereafter digitalin video"which wassuch changedordinance is in effect, submit a report to "[live]the digitalDepartment video"of Transportation, which shall include, but need not be limitedto:(A)Acopyofsuchordinance,(B)thetotalnumberofcitations issued for consistency;a violation of such ordinance in the prior fiscal year, (C) the total amount of funds collected for such violations in the prior fiscal year, and (D) how the municipality spent such funds in the prior fiscal year.

(2) Not later than January 1, 2026, and annually thereafter, the Department of Transportation shall submit a report, in Sectionaccordance 4(f),with "recordedthe image"provisions wasof changedsection 11-4a of the general statutes, to "videothe image"joint forstanding consistency;committees of the General Assembly having cognizance of matters relating to public safety and security and transportation.

andSuch inreport Sectionshall 4(j),include "sectioncopies 4of the ordinances and a summary of thisthe act"information wassubmitted changedto the department pursuant to "thissubdivision section"(1) forof clarity.this section.

PSSec. Joint Favorable Subst.

sSB420 / File No.

265 9 sSB420 File No.

265 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 25 $ FY 26 $ Resources of the General Fund GF - Potential See Below See Below Revenue Loss Note:

GF=General Fund Municipal Impact:

Municipalities Effect FY 25 $ FY 26 $ Various Municipalities Potential See Below See Below Revenue Gain Various Municipalities Potential See Below See Below Revenue Loss Explanation The bill makes various changes to laws regarding passing a school bus that results in various impacts described below.

There is a potential revenue loss to the state and municipalities beginning inFY 25 to theextent lessfinesare issued.

The billestablishes certain conditions under which drivers can pass a school bus and removes the requirement that images from school bus monitoring systems are live.

Municipalities may also realize a potential revenue gain beginning in FY 25.

The bill allows municipalities to adopt an ordinance to enforce laws for passing a school bus but requires that they establish a $250 fine for violating it.

To the extent municipalities adopt this ordinance and violations occur there will be a potential revenue gain.

1In FY 23, $288,035 was collected for similar offenses.

sSB420 / File No.

265 10 sSB420 File No.

265 The bill permits instead of requires fines collected from certain violations go to private vendors.

This results in greater flexibility for how these funds may be spent beginning in FY 25.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of violations.

sSB420 / File No.

265 11 sSB420 File No.

265 OLR Bill Analysis sSB 420 AN ACT CONCERNING ILLEGALLY PASSING A SCHOOL BUS.

SUMMARY This bill makes several changes relating to Connecticut’s motor vehicle law that generally prohibits drivers from passing a school bus that has its red signal lights flashing (a.k.a.

the “stop arm law” since a stop-sign shaped “arm” extends from the left side of a bus when its red lights are activated).

Principally, it:

1.

expressly allows municipalities to adopt ordinances that authorize the use of a digital video school bus violation detection monitoring system (i.e., monitoring system) to enforce the stop arm law and establish $250 municipal fines for violations (§ 4);

2.

modifies several aspects regarding the existing authorization for municipalities and boards of education to use monitoring systems, including requiring that agreements with private vendors supply systems to all registered school buses and allowing instead of requiring fines collected for stop arm law violations go to compensate a private vendor (§§ 2 & 3);

and 3.

changes current law that allows a vehicle to pass a school bus displaying its flashing red signal lights on a separate road to specify that the two vehicles must be separated by a safety island or physical barrier (§ 1).

The bill also makes technical and conforming changes.

EFFECTIVE DATE:

July 1, 2024 § 1 — PASSING BUSES ON SEPARATE TRAFFIC LANE sSB420 / File No.

265 12 sSB420 File No.

265 By law, when a driverapproaches a school bus displaying its flashing red signal lights on a public or private road, off-street parking lot open to the public, or any school property, the driver must immediately stop his or her vehicle at least 10 feet from the front or rear of the bus and remain stopped until the bus no longer displays its red signal lights, unless otherwise directed by a traffic officer.

However, the bill allows drivers on public roads with at least two lanes for traffic separated by a safety island or physical barrier to drive without stopping when meeting or passing a school bus that is on the opposite side of the island or barrier.

This replaces a similar allowance under current law that permits drivers on public roads with separate roadways to not stop when meeting or passing a school bus that is on a different roadway.

§§ 2 & 3 — MONITORING SYSTEMS AUTHORIZED BY STATUTE Monitoring System Definition Changes The bill removes the requirement that school bus monitoring systems produce digital, recorded video, and visual images that are “live” and makes other minor and conforming changes.

Effectively, under the bill, the “monitoring system” is a system with one or more camera sensors and computers that produce:

1.

digital and recorded video images of vehicles being driven in violation of the stop arm law;

2.

a visual image, viewable remotely, and a recorded image of the violating vehicle’s number plate;

and 3.

a recorded image that indicates the violation’s date, time, and location.

Authorization and Private Vendor Agreements Under existing law, a municipality or local or regional board of education may install, operate, and maintain monitoring systems and enter into an agreement with a private vendor for installing, operating, sSB420 / File No.

265 13 sSB420 File No.

265 and maintaining them.

The bill limits the second authorization by only allowing agreements where the vendor provides these monitoring system services on all registered school buses, whether owned, contracted, or leased by the board of education.

By law, private vendor agreements must also require the vendor to report annually on the number of tickets issued as a result of the monitoring system and the amount of money collected.

Under current law, the vendor’s report must be submitted to the municipality or board of education, and the municipality or board of education must forward it to the Transportation Committee within 30 days.

The bill instead requiresthevendortosenditsreporttoboththemunicipalityandboard of education, and the municipality to forward it to both the Transportation and Public Safety and Security committees within 30 days.

Use of Stop Arm Law Fines The bill allows instead of requires certain remitted amounts a municipality receives due to stop arm law violations be given to private vendors.

Under existing law, stop arm law violators face a penalty of (1) a $450 fine for a first offense and (2) for a subsequent offense, a fine of $500 to $1,000, 30 days in prison, or both.

By law, the state must remit 80% of the fines collected from violators to the municipalities in which the violations occur.

Under current law, if a municipality or board of education has a private vendor monitoring system agreement, then the municipality must use these remitted amounts to reimburse the private vendor its service expenses.

The bill instead allows municipalities to use these amounts, as well as the fines they collect from municipal ordinances adoptedunderthebill(see§4below),tocompensatevendorsforservice expenses.

sSB420 / File No.

265 14 sSB420 File No.

265 Recorded Images and Occupants The bill makes two changes affecting protections in existing law for vehicle occupants.

First, under current law, monitoring systems must be installed in such a way that only a vehicle’s license plate number is recorded, but the bill changes this so that it only requires that the installation be done this way to the extent practicable.

Second, under existing law, monitoring systems are prohibited from recording images of vehicle occupants or other people or vehicles in the vicinity at the time of recording.

The bill provides that a summons issued under the stop arm law, or a citation issued under a municipal ordinance adopted under the bill (see § 4 below), may not be dismissed solely because a recorded video or digital still image reveals images of the occupants or other people or vehicles, as long as reasonable effort has been made to comply with the above two requirements.

Evidence File The bill specifies that digital stills produced by monitoring systems are sufficient evidence of a stop arm law violation and must be admitted without further authentication.

This is already the case under existing law for a system’s recorded images.

The bill makes related changes regarding the application of the law’s destruction rules so that they apply to digital still or video images rather than recorded ones.

§§ 2 & 4 — MONITORING SYSTEMS AUTHORIZED BY MUNICIPAL ORDINANCE Ordinance Requirements and Other Conditions Existing law empowers municipalities to regulate the operation and speed of vehicles, subject to state statutes (CGS § 7-148(c)(7)(B)).

The bill specifically allows any municipality to, by vote of its legislative body, adopt an ordinance to authorize the use of a monitoring system to enforce the stop arm law.

(The bill extends its “monitoring system” definition to this authorization and its other provisions.) sSB420 / File No.

265 15 sSB420 File No.

265 Any ordinance adopted under the bill must, subject to the bill’s procedures, establish hearing and collection procedures, including in- person and virtual hearings.

The ordinance must also establish a $250 fine to be imposed against the owner or operator of a motor vehicle for violating it.

Under the bill, an ordinance may require proof of a violation by a preponderance of the evidence and either the municipality or its designated agent may collect the fines under the ordinance.

Fines must be credited to the municipality.

Reviewing Evidence File and Issuing Warnings and Citations Under the bill, when a monitoring system’s evidence file captures an alleged ordinance violation, police officers and authorized municipal employees must review the file when they receive it.

If the officer or employee has reasonable grounds to believe that a violation occurred and the file captures the number plate, color, and type of vehicle allegedly violating the ordinance and the date, approximate time, and location of the violation, then that officer or employee must issue a written warning or citation to the vehicle’s owner.

The bill limits issuing citations to within 30 days after the date of the alleged violation.

It requires the officer or employee to electronically certify the citation, and the municipality, or its designated agent, to send, by first class mail, a copy of the citation to the owner of the vehicle observed in the alleged violation within the 30-day period.

The citation must include:

1.

the vehicle owner’s name and address;

2.

the vehicle’s number plate;

3.

the alleged violation’s date, location, and time;

4.

a copy of or information on how to view, through electronic means, the monitoring system’s recorded images;

aSubsection statement(c) orof electronicallysection generated7-152c affirmationof bythe 2024 supplement to the policegeneral sSB420statutes /is Filerepealed No.and the following is substituted in lieu thereof (Effective July 1, 2024):

265(c) 16Any sSB420such Filemunicipality, at any time within twelve months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any citation issued under any ordinance adopted pursuant to section 7-148, 14-307c, [or] 22a-226d [,] or section 4 Public Act No.

26524-107 officer12 orof authorized13 employeeSubstitute whoSenate reviewedBill theNo. recorded images and determined that the vehicle violated the municipality’s ordinance;

6.420 of this act for an alleged violation thereof, shall send notice to theperson cited.

theSuch finenotice imposedshall underinform the ordinance;person cited:

7.(1) Of the allegations against such person and the amount of the fines, penalties, costs or fees due;

notice(2) ofthat thesuch rightperson tomay contest thesuch citationperson's andliability instructionsbefore fora howcitation tohearing requestofficer anby in-persondelivering in person or virtualby hearingmail underwritten notice within ten days of the ordinance;date thereof;

(3) that if such person does not demand such a hearing, an assessment and 8.judgment shall be entered against such person;

informationand advising(4) thethat vehiclesuch ownerjudgment ofmay theissue procedurewithout forfurther disclaimingnotice. liability by submitting an affidavit to the municipality or its designated agent (see below).

EvidenceFor Treatmentspurposes Under the bill, a certificate of thethis reviewsection, ofnotice theshall evidencebe producedpresumed byto thehave monitoringbeen systemproperly (orsent aif copysuch ofnotice thiswas certificate),mailed sworn to bysuch theperson's policelast- officerknown oraddress authorizedon municipalfile employeewith who conducted the review,tax iscollector. prima facie evidence (i.e., a preliminary showing that can be overcome by other evidence) of the facts contained in the certificate.

Additionally,If athe manualperson orto automatedwhom recordsuch ofnotice theis mailingissued ofis a citation,registrant, prepared by the policemunicipality officer,may authorizeddeliver employee,such ornotice vendor in theaccordance ordinarywith coursesection of7-148ii, business,provided isnothing primain faciethis evidencesection ofshall thepreclude mailinga andmunicipality admissiblefrom inproviding anynotice hearingin doneanother undermanner thepermitted ordinanceby asapplicable tolaw. the facts contained in the citation.

Further,Approved asJune under4, other2024 existingPublic law,Act proofNo. of the vehicle’s registration number is prima facie evidence that the owner was the driver, except that, in the case of a leased or rented motor vehicle, the proof is prima facie evidence that the lessee was the driver.

A24-107 photographic13 or digital still or video image that clearly shows the vehicle’s number plate violating the ordinance is sufficient proof of the13 vehicle’s identity.

Lastly, the bill provides that a monitoring system-produced digital still or video image will be sufficient evidence of an ordinance violation sSB420 / File No.

265 17 sSB420 File No.

265 and must be admitted at a citation hearing proceeding without further authentication.

Available Defenses For any person who is alleged to have violated the ordinance, the bill requires that all defenses be available to him or her, including that:

1.

the violation was necessary to allow the passage of an emergency vehicle, avoid injuring the person or property of another, or comply with another motor vehicle law;

2.

the violation was incurred while participating in a funeral procession;

3.

the vehicle had been reported as being stolen to local or state police and had not been recovered before the time of the violation;

or 4.

the driver was convicted of a stop arm law violation for the same incident based on a separate and distinct summons issued by a sworn police officer.

Additionally,within30daysafterthemailing ofacitation,thevehicle owner may submit a notarized affidavit, executed by the vehicle’s owner and driver at the time of the alleged violation, stating that the driver is the party who may be responsible for the alleged violation and providing the driver’s name and address.

If the municipality or its designated agent receives this affidavit, the municipality must mail a citation to the driver.

Other Effects and Destruction of Images The bill prohibits introducing monitoring system-produced recorded images as evidence in any other civil or criminal proceeding, except for a stop arm law violation proceeding.

Under the bill, monitoring system-produced digital stills and video images must be destroyed (1) 90 days after the date the still or image was created or (2) upon the final disposition of a case where a summons sSB420 / File No.

265 18 sSB420 File No.

265 was issued for a stop arm law violation or where a citation was issued for an ordinance violation, whichever is later.

The bill further prohibits ordinance violations from being made part of an owner’s driving record or used for any motor vehicle insurance policy purpose.

COMMITTEE ACTION Public Safety and Security Committee Joint Favorable Substitute Yea 25 Nay 0 (03/19/2024) sSB420 / File No.

265 19