An Act To Protect O Schoolchildren by Increasing the Penalty for Unlawful Passing of a School Bus
Maine Legislature, Session 129, LD 0166
Committee Amendment CA_A_S207 (Senate)
Amends: 29-A MRSA §2117, 29-A MRSA §2301, 29-A MRSA §2302, 29-A MRSA §2308, 29-A MRSA §2380

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT" 1'1-" to S.P. 53, L.D. 166, Bill, "An Act To Protect 
O 
Schoolchildren by Increasing the Penalty for Unlawful Passing of a School Bus" 
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 
+he 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 l' .. , paragraph R subparagraph 4. used by the Maiae Turnpike 
f .. uthority for toll enforcement pmposes. 
1. School buses. The State or a municipality may use a traffic surveillance camera 
mounted on a school bus in conjunction with a lighted traffic-control device to prove or 
enforce a violation of section 2308, subsection 2. 
A photograph, microphotograph, 
videotape or other recorded image or audio produced by a traffic surveillance camera 
mounted on a school bus is confidential and may only be released to a law enforcement 
officer for the purpose of an investigation into a violation of the law or to a law 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"!' "to S.P. 53,L.D. 166 
'') 
I 
enforcement officer, prosecutor, defendant or court for the purpose of a prosecution of a 
violation of the law. 
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. 
2. Toll enforcement. The Maine Turnpike Authority may use a photo-monitoring 
system, as defined by Title 23, section 1980, subsection 2-A, paragraph B, subparagraph 
(4), for toll enforcement purposes. 
Sec. 2. 29-A MRSA §2301, sub-§§1-D and 5-C are enacted to read: 
1-D. Extended stop arm. 
"Extended stop arm" means a stop arm that when 
activated extends 3 to 6 feet outward from the left side of a school bus. 
5-C. Stop arm. "Stop arm" means a device mounted on the left side of a school bus 
that when activated displays a stop sign to traffic in front of and behind that school bus. 
Sec. 3. 29-A MRSA §2302, sub-§1, 1G, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
G. May be equipped with a system of stop arms or extended stop arms to be operated 
only with the red signal lights; and 
Sec. 4. 29-A MRSA §2308, sub-§6, as amended by PL 2019, c. 113, Pt. C, §75, 
is further amended to read: 
6. Penalty. A violation of this section subsection 2 is a Class E crime that is 
punishable by a $250 minimum fine for the first offense and a mandatory 30-day 
suspension of a driver's license for a 2nd offense occurring within 3 years of the first 
offense. 
Sec. 5. 29-A MRSA §2380, sub-§3-A, as enacted by PL 2005, c. 482, §6, is 
amended to read: 
3-A. Maximum width; additional exceptions. In addition to the exceptions in 
subsection 3, the following are excluded from the measurement of vehicle width: 
A. Reflecting mirrors; 
B. Turn signal lamps; and 
C. 
Appurtenances on motor homes, truck campers and camp trailers, if such 
appurtenances extend no more than 6 inches from either side of the body of the 
vehicle7; and 
D. Extended stop arms as defined in section 2301, subsection 1-D.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"(\ "to S.P. 53, L.D.166 (S clll) 
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. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/18/19 feac.. 
LD166 
LR 1408(02) 
An Act To Protect Schoolchildren by Increasing the Penalty for Unlawful Passing of a School Bus 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'f'.'."( 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
'c - \ 
., , yl_ \ \ 
Additional costs to the Department of Public Safety associated with this legislation can be absorbed within existing 
budgeted resources. 
LRl 408(02) - Fiscal Note - Page 1 of 1