House Bill 1328

AN ACT TO AMEND SECTION 63-3-615, MISSISSIPPI CODE OF 1972, WHICH IS A PROVISION OF "NATHAN'S LAW," TO REVISE THE DISTRIBUTION OF FINES ASSESSED FOR VIOLATION OF OVERTAKING A SCHOOL BUS THAT HAS STOPPED ON A PUBLIC ROADWAY FOR THE PURPOSE OF RECEIVING OR DISCHARGING SCHOOL CHILDREN; TO PROVIDE THAT TWENTY-FIVE DOLLARS OF EACH FINE ASSESSED SHALL BE ALLOCATED TO THE LOCAL SCHOOL DISTRICT WHEREIN THE VIOLATION OCCURRED TO BE USED BY THE SUPERINTENDENT OF SCHOOLS AND LOCAL SCHOOL BOARD FOR THE PURCHASE AND INSTALLATION OF AUTOMATED SCHOOL BUS SAFETY CAMERAS; TO REQUIRE THE SUPERINTENDENT, IN CONSULTATION WITH THE BOARD TO ESTABLISH A SEPARATE FUND IN THE DISTRICT'S ACCOUNTS FOR THE DEPOSIT OF ALLOCATED ASSESSMENTS; TO AMEND SECTION 37-41-59, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-3-615, Mississippi Code of 1972, is amended as follows:

63-3-615. (1) (a) The driver of a vehicle upon a street or highway upon meeting or overtaking any school bus that has stopped on the street or highway for the purpose of receiving or discharging any school children shall come to a complete stop at least ten (10) feet from the school bus before reaching the school bus when there is in operation on the school bus the flashing red lights provided in Section 63-7-23, or when a retractable, hand-operated stop sign is extended; the driver shall not proceed until the children have crossed the street or highway and the school bus has resumed motion or the flashing red lights are no longer actuated and the hand-operated stop sign is retracted.

(b) The driver of a vehicle upon a highway that has four (4) lanes or more, whether or not there is a median or turn lane, need not stop upon meeting or passing a school bus that is on a different roadway or when upon a controlled-access highway if the school bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.

(2) (a) Except as provided in paragraph (b), any person violating the provisions of subsection (1) of this section shall be guilty of a misdemeanor and upon a first conviction thereof shall be fined not less than Three Hundred Fifty Dollars ($350.00) nor more than Seven Hundred Fifty Dollars ($750.00), or imprisoned for not more than one (1) year, or both. For a second or subsequent offense, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Seven Hundred Fifty Dollars ($750.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), or imprisoned for not more than one (1) year, or both. In addition, the Commissioner of Public Safety or his duly authorized designee, after conviction for a second or subsequent offense and upon receipt of the court abstract, shall suspend the driver's license and driving privileges of the person for a period of ninety (90) days.

(b) A conviction under this section for a violation resulting in any injury to a child who is in the process of boarding or exiting a school bus shall be a violation of Section 97-3-7, and a violator shall be punished under subsection (2) of that section.

(c) Twenty-five Dollars ($25.00) of each fine imposed under the provisions of paragraph (a) of this subsection shall be allocated to the local school district in which the violation occurred. The superintendent of schools for the district receiving such monies, in consultation with the local school board, shall establish a separate fund in the district's account for the deposit of the allocated assessments. The monies in the fund shall be used exclusively for the purchase and installation of automated school bus safety cameras on any retractable, hand-operated stop sign that is a part of the equipment of a school bus.

(3) This section shall be applicable only in the event the school bus shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than four (4) inches in height.

(4) If the driver of any vehicle is witnessed by a law enforcement officer or the driver of a school bus to have violated this section and the identity of the driver of the vehicle is not otherwise apparent, it shall be a rebuttable inference that the person in whose name the vehicle is registered committed the violation. If charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners. If the vehicle that is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the inference of guilt by providing the law enforcement officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.

SECTION 2. Section 37-41-59, Mississippi Code of 1972, is amended as follows:

37-41-59. (1) (a) Every school district is authorized to * * * ~~mount~~ install and operate automated school bus safety cameras on any retractable, hand-operated stop sign that is a part of the equipment of a school bus to be used for the detection of violations of Section 63-3-615. School districts shall use monies collected under Section 63-3-615(2)(c) to purchase and install the cameras, and are not required to take school buses out of service if the buses are not equipped with automated school bus safety cameras or functional automated safety cameras.

(b) Any revenue collected from infractions detected through the use of automated school bus safety cameras, less the administration and operating costs of the cameras, shall be allocated as provided under Section 63-3-615.

(2) For purposes of this section, "automated school bus safety camera" means a device that is affixed to a school bus that is synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a vehicle at the time the vehicle is detected for an infraction identified in Section 63-3-615.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015.