‘An Act To Protect Schoolchildren by Providing Additional Enforcement and Prevention Options for Unlawful Passing of a School Bus’
| SP0053 LD 166 |
Session - 129th Maine Legislature C "A", Filing Number S-207, Sponsored by
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LR 1408 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Protect Schoolchildren by Providing Additional Enforcement and Prevention Options for Unlawful Passing of a School Bus’
Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1. 29-A MRSA §2117, as enacted by PL 2009, c. 223, §1, is amended to read:
§ 2117. Use of traffic surveillance cameras restricted
The Except as provided in subsections 1 and 2, the State or a municipality may not use a traffic surveillance camera to prove or enforce a violation of this Title. For purposes of this section, "traffic surveillance camera" means a device that, in conjunction with a lighted traffic-control device or a lane direction control device, as described in section 2057, subsections 1 and 3, or a speed measurement device as described in section 2075, subsection 4, automatically produces one or more photographs, one or more microphotographs, a videotape or any other recorded image of a vehicle at the time the vehicle is operated in violation of state law.
This section does not apply to a photo-monitoring system, as defined by Title 23, section 1980, subsection 2-A, paragraph B, subparagraph 4, used by the Maine Turnpike Authority for toll enforcement purposes.
The state or a municipality may not retain a photograph, microphotograph, videotape or other recorded image or audio produced by a traffic surveillance camera mounted on a school bus for more than 30 days from the date of production unless it is released in accordance with this subsection.
For the purposes of this subsection, "prosecutor" means a person who by virtue of public employment is vested by law with a duty to prosecute offenders for crimes, whether that duty extends to all crimes or is limited to specific crimes.
Sec. 2. 29-A MRSA §2301, sub-§§1-D and 5-C are enacted to read:
Sec. 3. 29-A MRSA §2302, sub-§1, ¶G, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. 4. 29-A MRSA §2308, sub-§6, as amended by PL 2019, c. 113, Pt. C, §75, is further amended to read:
Sec. 5. 29-A MRSA §2380, sub-§3-A, as enacted by PL 2005, c. 482, §6, is amended to read:
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment replaces the bill and changes the title. Instead of increasing the penalty for the illegal passing of a school bus as in the bill, the amendment allows the State or a municipality to use a traffic surveillance camera mounted on a school bus to prove, enforce or open an investigation into a violation of illegally passing a school bus.
The amendment provides that information recorded by a traffic surveillance camera mounted on a school bus is confidential and may be used only to prove, enforce or open an investigation into a violation and may not be retained for more than 30 days unless it is used to open an investigation. It also clarifies that the penalty provision in statute regarding overtaking and passing school buses applies only to the passing or overtaking of a school bus.
The amendment also allows school buses to be equipped with extended stop arms that when activated extend 3 to 6 feet outward from the left side of a school bus.