S5171-2011 Actions

• Jan 23, 2012: referred to transportation
• Jan 23, 2012: DELIVERED TO ASSEMBLY
• Jan 23, 2012: PASSED SENATE
• Jan 18, 2012: ADVANCED TO THIRD READING
• Jan 10, 2012: 2ND REPORT CAL.
• Jan 9, 2012: 1ST REPORT CAL.27
• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 2, 2011: referred to transportation
• Jun 2, 2011: DELIVERED TO ASSEMBLY
• Jun 2, 2011: PASSED SENATE
• Jun 1, 2011: ADVANCED TO THIRD READING
• May 25, 2011: 2ND REPORT CAL.
• May 25, 2011: AMENDED 5171B
• May 25, 2011: AMENDED 5171A
• May 24, 2011: 1ST REPORT CAL.801
• May 18, 2011: PRINT NUMBER 5171A
• May 18, 2011: AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• May 10, 2011: REPORTED AND COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• May 3, 2011: REFERRED TO TRANSPORTATION

S5171-2011 Meetings

S5171-2011 Votes

S5171-2011 Memo

BILL NUMBER:S5171

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to qualifications of
bus drivers

PURPOSE:
This bill would require all bus drivers to submit to the same criminal
history check that is now required of school bus drivers.

SUMMARY OF PROVISIONS:
Section one of the bill amends section five hundred nine-d of the
vehicle and traffic law to require bus drivers to submit to a
criminal background check at the time of employment.

Section two of this bill provides the effective date.

EXISTING LAW:
Under current law, only school bus drivers are required to submit to a
background check.

JUSTIFICATION:
This bill amends the vehicle and traffic law to require all current
bus drivers and those hired after the effective date of this act to
submit to a criminal back ground check. Currently, this requirement
applies only to school bus drivers.

By requiring all bus drivers to submit to a background check, this
bill recognizes that the transport of persons is serious
responsibility and that all relevant information should be available
to motor carriers prior to conferring this responsibility to an
individual. By requiring background checks of all bus drivers, this
bill aims to assure the safe transit of the people of New York State.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state; an applicant shall pay for the cost of his or her
back ground check.

LOCAL FISCAL IMPLICATIONS:
Not applicable.

EFFECTIVE DATE:
Immediate.

S5171-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5171
 2011-2012 Regular Sessions
 I N  SENATE
 May 3, 2011
 
 Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 AN  ACT  to amend the vehicle and traffic law, in relation to qualifica
 tions of bus drivers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision 2 of section 509-d of the vehicle and traffic
 law, as added by chapter 675 of the laws of 1985 and  paragraph  (a)  as
 amended  by  chapter  164  of  the  laws  of 2003, is amended to read as
 follows:

 (2) Investigations and inquiries of BUS  drivers  [of  school  buses];
 maintenance  of  file;  availability to subsequent employer. (a) A motor
 carrier shall request the department  to  initiate  a  criminal  history
 check  for  persons employed as drivers of [school] buses, as defined in
 [paragraph (a) of subdivision one of] section  five  hundred  nine-a  of
 this chapter[, on September fourteenth, nineteen hundred eighty-five] by
 such  motor  carrier, in accordance with regulations of the commissioner
 by requiring such [school] bus drivers to submit to the mandated finger
 printing procedure. The department of motor vehicles at the  request  of
 the motor carrier shall initiate a criminal history check of all current
 [school]  bus drivers of such motor carrier as well as those hired on or
 after September fifteenth, nineteen  hundred  eighty-five  by  requiring
 such  drivers  and  applicants  to submit to the mandated fingerprinting
 procedure as part of the [school] bus  driver  qualification  procedure.
 Such fingerprinting procedure and the related fee as well as a procedure
 for the return of such fingerprints upon application of a person who has
 terminated  employment  as a [school] bus driver shall be established in
 accordance with regulations of the commissioner in consultation with the
 commissioner of the division of criminal justice services. The fee to be
 paid by or on behalf of the [school] bus driver or applicant shall be no
 more than five dollars over the cost to the commissioner for the  crimi
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11014-01-1
 
       S. 5171                             2
 nal  history check. No cause of action against the department, the divi
 sion of criminal justice services, a motor carrier or political subdivi
 sion for damages  related  to  the  dissemination  of  criminal  history
 records pursuant to this section shall exist when such department, divi
 sion,  motor carrier or political subdivision has reasonably and in good
 faith relied upon the accuracy  and  completeness  of  criminal  history
 information  furnished to it by qualified agencies. Fingerprints submit
 ted to the division of criminal justice services pursuant to this subdi
 vision may also be submitted to the federal bureau of investigation  for
 a national criminal history record check.
 (b)  After  a  motor carrier has completed the procedures set forth in
 paragraph (a) OF this [of] subdivision,  it  shall  designate  each  new
 [school]  bus  driver as a conditional [school] bus driver as defined in
 section five hundred nine-h of this article, until  the  carrier  is  in
 receipt  of  information  of the new [school] bus driver's qualification
 from the department and the required driving records from each appropri
 ate state agency. If the information received WITH RESPECT TO AN  APPLI
 CANT  FOR BUS DRIVER OTHER THAN A SCHOOL BUS DRIVER indicates that there
 is a pending criminal offense or driving violation  that  would  require
 disqualification  [of  a  school  bus driver] under SECTION FIVE HUNDRED
 NINE-C OF this article, the motor carrier shall require the applicant to
 provide documentation evidencing the  disposition  of  such  offense  or
 violation  in accordance with regulations established by the commission
 er.  IF THE INFORMATION RECEIVED WITH RESPECT TO AN APPLICANT FOR SCHOOL
 BUS DRIVER INDICATES THAT THERE IS A PENDING CRIMINAL OFFENSE OR DRIVING
 VIOLATION THAT WOULD REQUIRE DISQUALIFICATION UNDER SECTION FIVE HUNDRED
 NINE-CC OF THIS ARTICLE, THE MOTOR CARRIER SHALL REQUIRE  THE  APPLICANT
 TO  PROVIDE  DOCUMENTATION EVIDENCING THE DISPOSITION OF SUCH OFFENSE OR
 VIOLATION IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE  COMMISSION
 ER.  The  department,  upon  notice of disqualification to an applicant,
 shall include in such notice information regarding the applicant's right
 to appeal and contest any  claimed  ground  for  disqualification.  Such
 notice  shall  also  advise the applicant of his or her right to obtain,
 examine, inspect and copy any information  used  by  the  department  in
 support  of  its  determination  of  disqualification.  In the event the
 applicant contests the existence of a criminal conviction in his or  her
 name,  such  applicant may provide documentation evidencing the disposi
 tion of such offense or violation in accordance with regulations  estab
 lished by the commissioner.
 

S 2. This act shall take effect immediately.

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