S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1895

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sens.  BONACIC,  AVELLA, LANZA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT  to  amend the education law and the vehicle and traffic law, in
  relation to disqualification of persons employed as school  bus  moni-
  tors and bus drivers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3635-d
to read as follows:
  S 3635-D. DISQUALIFICATION OF SCHOOL BUS MONITORS. 1.  A PERSON  SHALL
BE DISQUALIFIED FROM ACTING AS A SCHOOL BUS MONITOR AS FOLLOWS:
  (A) PERMANENTLY, IF THAT PERSON HAS BEEN CONVICTED OF AN OFFENSE LIST-
ED  IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED NINE-CC
OF THE VEHICLE AND TRAFFIC LAW. HOWEVER, SUCH  DISQUALIFICATION  MAY  BE
WAIVED  BY  THE COMMISSIONER PROVIDED THAT FIVE YEARS HAVE EXPIRED SINCE
THE APPLICANT WAS DISCHARGED OR RELEASED FROM A SENTENCE OF IMPRISONMENT
IMPOSED PURSUANT TO CONVICTION OF AN OFFENSE THAT REQUIRES DISQUALIFICA-
TION UNDER THIS PARAGRAPH AND THAT THE APPLICANT SHALL HAVE BEEN GRANTED
A CERTIFICATE OF RELIEF FROM  DISABILITIES  OR  A  CERTIFICATE  OF  GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW. WHEN THE
CERTIFICATE IS ISSUED BY A COURT FOR A CONVICTION WHICH OCCURRED IN THIS
STATE,  IT  SHALL  ONLY  BE ISSUED BY THE COURT HAVING JURISDICTION OVER
SUCH CONVICTION. SUCH CERTIFICATE SHALL SPECIFICALLY INDICATE  THAT  THE
AUTHORITY  GRANTING SUCH CERTIFICATE HAS CONSIDERED THE BEARING, IF ANY,
THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH THE PERSON WAS CONVICTED WILL
HAVE ON THE APPLICANT'S FITNESS TO MONITOR  AND  ENSURE  THE  SAFETY  OF
CHILDREN RIDING ON A SCHOOL BUS, PRIOR TO GRANTING SUCH A CERTIFICATE;
  (B) PERMANENTLY, IF THAT PERSON HAS BEEN CONVICTED OF AN OFFENSE LIST-
ED  IN PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED NINE-CC
OF THE VEHICLE AND TRAFFIC LAW.  HOWEVER, SUCH DISQUALIFICATION SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03323-01-5
              

S. 1895                             2

WAIVED PROVIDED THAT FIVE YEARS HAVE EXPIRED  SINCE  THE  APPLICANT  WAS
INCARCERATED   PURSUANT   TO  A  SENTENCE  OF  IMPRISONMENT  IMPOSED  ON
CONVICTION OF AN OFFENSE THAT REQUIRES DISQUALIFICATION UNDER THIS PARA-
GRAPH  AND  THAT  THE APPLICANT SHALL HAVE BEEN GRANTED A CERTIFICATE OF
RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD  CONDUCT  PURSUANT  TO
ARTICLE  TWENTY-THREE  OF  THE CORRECTION LAW.   WHEN THE CERTIFICATE IS
ISSUED BY A COURT FOR A CONVICTION WHICH  OCCURRED  IN  THIS  STATE,  IT
SHALL  ONLY  BE  ISSUED  BY  THE  COURT  HAVING  JURISDICTION  OVER SUCH
CONVICTION.  SUCH  CERTIFICATE  SHALL  SPECIFICALLY  INDICATE  THAT  THE
AUTHORITY  GRANTING SUCH CERTIFICATE HAS CONSIDERED THE BEARING, IF ANY,
THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH THE PERSON WAS CONVICTED WILL
HAVE ON THE APPLICANT'S FITNESS TO MONITOR  AND  ENSURE  THE  SAFETY  OF
CHILDREN  RIDING  ON A SCHOOL BUS, PRIOR TO GRANTING SUCH A CERTIFICATE.
PROVIDED, HOWEVER, THAT  AT  THE  DISCRETION  OF  THE  COMMISSIONER  THE
CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT
PURSUANT  TO  ARTICLE  TWENTY-THREE  OF  THE  CORRECTION  LAW MAY REMOVE
DISQUALIFICATION AT ANY TIME;
  (C) FOR A PERIOD OF FIVE YEARS FROM THE DATE OF LAST CONVICTION SPECI-
FIED HEREIN, IF THAT PERSON HAS BEEN CONVICTED WITHIN THE PRECEDING FIVE
YEARS OF AN OFFENSE LISTED IN  PARAGRAPH  (C)  OF  SUBDIVISION  FOUR  OF
SECTION  FIVE  HUNDRED  NINE-CC  OF  THE VEHICLE AND TRAFFIC LAW.   SUCH
DISQUALIFICATION SHALL BE WAIVED PROVIDED THAT THE  APPLICANT  HAS  BEEN
GRANTED  A  CERTIFICATE  OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF
GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE  OF  THE  CORRECTION  LAW.
WHEN  THE  CERTIFICATE  IS  ISSUED  BY  A  COURT  FOR A CONVICTION WHICH
OCCURRED IN THIS STATE, IT SHALL ONLY BE  ISSUED  BY  THE  COURT  HAVING
JURISDICTION  OVER  SUCH CONVICTION. SUCH CERTIFICATE SHALL SPECIFICALLY
INDICATE THAT THE AUTHORITY GRANTING SUCH CERTIFICATE HAS CONSIDERED THE
BEARING, IF ANY, THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH  THE  PERSON
WAS CONVICTED WILL HAVE ON THE APPLICANT'S FITNESS TO MONITOR AND ENSURE
THE  SAFETY OF CHILDREN RIDING ON A SCHOOL BUS, PRIOR TO GRANTING SUCH A
CERTIFICATE; AND
  (D) FOR A PERIOD OF FIVE YEARS FROM THE DATE OF LAST CONVICTION SPECI-
FIED HEREIN, IF THAT PERSON HAS BEEN CONVICTED WITHIN THE PRECEDING FIVE
YEARS OF A VIOLATION OF SECTION  120.04,  120.04-A,  125.13,  125.14  OR
235.07 OF THE PENAL LAW.
  FOR  THE  PURPOSES  OF  THIS SUBDIVISION A SCHOOL BUS MONITOR SHALL BE
DEFINED AS ANY ADULT EMPLOYED BY A SCHOOL DISTRICT OR A  PRIVATE  ENTITY
TO  RIDE  ON  A SCHOOL BUS FOR THE PURPOSE OF ENSURING THE SAFETY OF ITS
PASSENGERS OR FOR MONITORING THE CONDUCT OF THE BUS PASSENGERS.
  2. AS A PART OF SUCH DETERMINATION CONCERNING WHETHER AN INDIVIDUAL IS
DISQUALIFIED FROM ACTING AS  A  SCHOOL  BUS  MONITOR  PURSUANT  TO  THIS
SECTION,  THE  DEPARTMENT  SHALL  SUBMIT A PROSPECTIVE MONITOR'S FINGER-
PRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A STATE CRIMINAL
HISTORY RECORD CHECK, AS DEFINED IN SUBDIVISION  ONE  OF  SECTION  THREE
THOUSAND  THIRTY-FIVE  OF THIS CHAPTER, AND MAY SUBMIT SUCH FINGERPRINTS
TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL  CRIMINAL  HISTORY
RECORD CHECK.
  S 2. Subdivision 1 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (h) to read as follows:
  (H)  FOR  A  PERIOD OF FIVE YEARS FROM THE DATE OF LAST CONVICTION FOR
VIOLATING PARAGRAPH (B) OF SUBDIVISION TWO-A OF SECTION  ELEVEN  HUNDRED
NINETY-TWO OF THIS CHAPTER.
  S 3. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (i) to read as follows:

S. 1895                             3

  (I)  FOR  A  PERIOD OF FIVE YEARS FROM THE DATE OF LAST CONVICTION FOR
VIOLATING PARAGRAPH (B) OF SUBDIVISION TWO-A OF SECTION  ELEVEN  HUNDRED
NINETY-TWO OF THIS CHAPTER.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law;  provided that any rules or regulations
necessary for the timely implementation of the provisions  of  this  act
are authorized to be made on or before such effective date.