Relates to the qualifications of bus drivers; relates to provisions on investigations and inquiries of bus drivers other than school bus drivers; requires certain motor carriers to supply identifying information and bus registration information to the department.

---

S761-2013 Actions

• Apr 22, 2013: referred to transportation
• Apr 22, 2013: DELIVERED TO ASSEMBLY
• Apr 22, 2013: PASSED SENATE
• Feb 28, 2013: ADVANCED TO THIRD READING
• Feb 27, 2013: 2ND REPORT CAL.
• Feb 12, 2013: 1ST REPORT CAL.61
• Jan 9, 2013: REFERRED TO TRANSPORTATION

S761-2013 Meetings

Transportation: Feb 12, 2013, Transportation: Feb 28, 2013

S761-2013 Calendars

Active List: Apr 22, 2013 , Floor Calendar: Feb 27, 2013 , Floor Calendar: Feb 28, 2013 , Floor Calendar: Mar 4, 2013 , Floor Calendar: Mar 5, 2013 , Floor Calendar: Mar 6, 2013 , Floor Calendar: Mar 7, 2013 , Floor Calendar: Mar 11, 2013 , Floor Calendar: Mar 12, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013 , Floor Calendar: Mar 26, 2013 , Floor Calendar: Mar 27, 2013 , Floor Calendar: Apr 15, 2013 , Floor Calendar: Apr 16, 2013 , Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013

S761-2013 Votes

S761-2013 Memo

BILL NUMBER:S761

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 the bill provides amends section five hundred nine-h of
the vehicle and traffic law to include other bus drivers in the
conditional driver period.

Section three of the bill creates a section five hundred nine-hh of
the vehicle and traffic law to provide for registration by motor
carriers with the DMV.

Section four of the bill makes confirming amendments to section five
hundred nine-m of the vehicle and traffic law.

Section five of the bill provides for 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 newly
hired bus drivers and current bus drivers, at the time of their next
CDL renewal, to submit to a criminal background check.

Currently, this requirement applies only to school bus drivers. This
bill therefore provides DMV a better and broader mechanism for
enforcing current disqualifying provisions in the VTL.

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 allowing the DMV to better enforce the current law,
this bill aims to assure the safe transit of the people of New York
State.

LEGISLATIVE HISTORY:
2011-12: Passed the Senate (S.5171B/A./8113)

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:
Ninety days.

S761-2013 Text

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

                                     761

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced by Sens. FUSCHILLO, LARKIN, MAZIARZ -- read twice and ordered
    printed,  and  when printed to be committed to the Committee on Trans-
    portation

  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. Section 509-d of the vehicle and traffic law is amended  by
  adding a new subdivision 2-a to read as follows:

    (2-A)  INVESTIGATIONS  AND  INQUIRIES OF BUS DRIVERS OTHER THAN SCHOOL
  BUS DRIVERS. (A) A MOTOR CARRIER SHALL REQUEST THE DEPARTMENT TO  INITI-
  ATE A CRIMINAL HISTORY CHECK FOR PERSONS HIRED OR RE-HIRED BY SUCH MOTOR
  CARRIER ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION AS DRIVERS OF
  BUSES,  AS  DEFINED IN PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE
  OF SECTION FIVE HUNDRED NINE-A OF THIS ARTICLE, IN ACCORDANCE WITH REGU-
  LATIONS OF THE COMMISSIONER REQUIRING SUCH BUS DRIVERS TO SUBMIT TO  THE
  MANDATED  FINGERPRINTING  PROCEDURE. ADDITIONALLY, FOR DRIVERS OF BUSES,
  AS DEFINED IN PARAGRAPH (B), (C), (D)  OR  (E)  OF  SUBDIVISION  ONE  OF
  SECTION  FIVE  HUNDRED  NINE-A OF THIS ARTICLE, IN THE EMPLOY OF A MOTOR
  CARRIER ON THE EFFECTIVE DATE OF THIS  SUBDIVISION,  THE  MOTOR  CARRIER
  SHALL  REQUEST  ON OR BEFORE THE TIME OF ANY SUCH DRIVER'S FIRST RENEWAL
  OF LICENSE PURSUANT TO SUBDIVISION SIX OF SECTION FIVE  HUNDRED  TWO  OF
  THIS  TITLE  THAT  THE  DEPARTMENT  INITIATE A CRIMINAL HISTORY CHECK IN
  ACCORDANCE WITH REGULATIONS OF THE  COMMISSIONER.    THE  DEPARTMENT  OF
  MOTOR  VEHICLES  AT  THE  REQUEST  OF THE MOTOR CARRIER SHALL INITIATE A
  CRIMINAL HISTORY CHECK OF ALL BUS DRIVERS HIRED OR RE-HIRED ON OR  AFTER
  THE EFFECTIVE DATE OF THIS SUBDIVISION AND ALL CURRENT BUS DRIVERS ON OR
  BEFORE  THE  TIME  OF  THEIR  FIRST RENEWAL OF LICENSE BY REQUIRING SUCH
  APPLICANTS TO SUBMIT TO THE MANDATED FINGERPRINTING PROCEDURE AS PART OF
  THE BUS DRIVER QUALIFICATION PROCEDURE.  SUCH  FINGERPRINTING  PROCEDURE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01401-01-3

 S. 761                              2

  AND  THE RELATED FEE AS WELL AS A PROCEDURE FOR THE RETURN OF SUCH FING-
  ERPRINTS UPON APPLICATION OF A PERSON WHO HAS TERMINATED EMPLOYMENT AS A
  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
  APPLICANT OR BUS DRIVER SHALL BE NO MORE THAN FIVE DOLLARS OVER THE COST
  TO  THE  COMMISSIONER FOR THE CRIMINAL HISTORY CHECK. NO CAUSE OF ACTION
  AGAINST THE DEPARTMENT, THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  A
  MOTOR  CARRIER  OR  POLITICAL  SUBDIVISION  FOR  DAMAGES  RELATED TO THE
  DISSEMINATION OF CRIMINAL HISTORY RECORDS PURSUANT TO THIS SECTION SHALL
  EXIST WHEN SUCH DEPARTMENT, DIVISION, MOTOR CARRIER OR POLITICAL  SUBDI-
  VISION  HAS  REASONABLY  AND  IN GOOD FAITH RELIED UPON THE ACCURACY AND
  COMPLETENESS OF CRIMINAL HISTORY INFORMATION FURNISHED TO IT  BY  QUALI-
  FIED  AGENCIES.  FINGERPRINTS  SUBMITTED  TO  THE  DIVISION  OF CRIMINAL
  JUSTICE SERVICES PURSUANT TO THIS SUBDIVISION MAY ALSO BE  SUBMITTED  TO
  THE  FEDERAL  BUREAU  OF  INVESTIGATION  FOR A NATIONAL CRIMINAL HISTORY
  RECORD CHECK.   NOTWITHSTANDING THE FOREGOING,  THE  DEPARTMENT  MAY  BY
  REGULATION ESTABLISH GUIDELINES AND PROCEDURES FOR EXEMPTING BUS DRIVERS
  WHO  HAVE ALREADY BEEN SUBJECTED TO A CRIMINAL HISTORY CHECK AT THE TIME
  OF HIRE BY A MOTOR CARRIER.
    (B) AFTER A MOTOR CARRIER HAS COMPLETED THE PROCEDURES  SET  FORTH  IN
  PARAGRAPH (A) THIS OF SUBDIVISION, IT SHALL DESIGNATE EACH NEW BUS DRIV-
  ER AS A CONDITIONAL BUS DRIVER AS DEFINED IN SECTION FIVE HUNDRED NINE-H
  OF  THIS  ARTICLE, UNTIL THE CARRIER IS IN RECEIPT OF INFORMATION OF THE
  NEW BUS DRIVER'S QUALIFICATION FROM  THE  DEPARTMENT  AND  THE  REQUIRED
  DRIVING  RECORDS  FROM EACH APPROPRIATE STATE AGENCY. IF THE INFORMATION
  RECEIVED INDICATES THAT THERE IS A PENDING CRIMINAL OFFENSE  OR  DRIVING
  VIOLATION THAT WOULD REQUIRE DISQUALIFICATION OF A BUS DRIVER UNDER 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 COMMISSIONER. THE DEPART-
  MENT, 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 DETERMI-
  NATION 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 DISPOSITION OF SUCH OFFENSE  OR
  VIOLATION  IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE COMMISSION-
  ER.
    S 2. Section 509-h of the vehicle and traffic law, as amended by chap-
  ter 675 of the laws of 1985, is amended to read as follows:

    S 509-h. Operation by person not [licensed] QUALIFIED to drive a  bus.
  The motor carrier shall not knowingly permit any person to operate a bus
  carrying  passengers  unless the driver meets all of the requirements of
  this article; except that a motor carrier may permit a  conditional  BUS
  DRIVER  OR  CONDITIONAL school bus driver who is not otherwise disquali-
  fied under the provisions of this article to operate a bus for a  period
  not to exceed ninety days or a longer period if granted a written exten-
  sion of such ninety day period by the department pursuant to regulations
  established  by the commissioner. Such regulation shall authorize exten-
  sion for at least that period of time necessary  to  review  information
  regarding the prior criminal history of the applicant.
    S  3.  The  vehicle and traffic law is amended by adding a new section
  509-hh to read as follows:


 S. 761                              3

    S 509-HH. DUTY OF CERTAIN MOTOR CARRIERS TO SUPPLY IDENTIFYING  INFOR-
  MATION  AND BUS REGISTRATION INFORMATION TO THE DEPARTMENT; REQUIREMENTS
  REGARDING CERTAIN BUS REGISTRATIONS  AND  REGISTRATIONS.  1.  EXCEPT  AS
  OTHERWISE PROVIDED IN THIS SUBDIVISION, EVERY MOTOR CARRIER MUST PROVIDE
  TO  THE DEPARTMENT IDENTIFYING INFORMATION AND BUS REGISTRATION INFORMA-
  TION ON A FORM OR FORMS PREPARED AND FURNISHED  BY  THE  DEPARTMENT  FOR
  THAT  PURPOSE.  IDENTIFYING  INFORMATION SHALL INCLUDE, BUT SHALL NOT BE
  LIMITED TO, INFORMATION REGARDING: THE BUSINESS NAME,  OWNERSHIP,  BUSI-
  NESS  ADDRESS,  AND FEDERAL OR STATE IDENTIFICATION NUMBERS OF THE MOTOR
  CARRIER. BUS REGISTRATION INFORMATION SHALL INCLUDE, BUT  SHALL  NOT  BE
  LIMITED  TO, INFORMATION REASONABLY REQUIRED BY THE DEPARTMENT IN CARRY-
  ING OUT ITS DUTIES UNDER THIS  ARTICLE  REGARDING  THE  REGISTRATION  OF
  BUSES OWNED, LEASED, RENTED, OR OTHERWISE CONTROLLED BY THE MOTOR CARRI-
  ER.    IDENTIFYING  INFORMATION  AND  BUS  REGISTRATION INFORMATION MUST
  CONTAIN OR BE ACCOMPANIED BY SUCH SUPPORTING  DOCUMENTATION  AS  MAY  BE
  REQUESTED OR REQUIRED BY THE DEPARTMENT. A MOTOR CARRIER MUST NOTIFY THE
  DEPARTMENT  IN  WRITING OF ANY CHANGE IN ANY INFORMATION PROVIDED BY THE
  MOTOR CARRIER TO THE DEPARTMENT PURSUANT TO THIS SECTION WITHIN TEN DAYS
  OF THE CHANGE.
    2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, ON  AND  AFTER
  THE  EFFECTIVE  DATE  OF THIS SECTION, ANY MOTOR CARRIER SUBJECT TO THIS
  SECTION REGISTERING OR RE-REGISTERING A BUS  UNDER  THIS  ARTICLE  SHALL
  REGISTER  OR RE-REGISTER THE BUS ONLY IN THE SAME BUSINESS NAME THAT THE
  CARRIER PROVIDES  TO  THE  DEPARTMENT  UNDER  SUBDIVISION  ONE  OF  THIS
  SECTION.
    3.  FOR  PURPOSES  OF THIS SECTION, THE TERM "MOTOR CARRIER" SHALL NOT
  INCLUDE (A) A STATE, LOCAL, INTERSTATE  OR  INTERNATIONAL  AUTHORITY  AS
  DEFINED  IN  SECTION  TWO OF THE PUBLIC AUTHORITIES LAW, OR (B) A SCHOOL
  DISTRICT AS DEFINED IN SECTION NINETEEN HUNDRED EIGHTY OF THE  EDUCATION
  LAW.
    S 4. Subdivision 5 of section 509-m of the vehicle and traffic law, as
  added by chapter 675 of the laws of 1985, is amended to read as follows:

    5.  Upon  receipt  of the criminal history record report of [a school]
  ANY bus driver, notify the  motor  carrier  of  disqualification  of  an
  applicant  or  [school]  bus driver which would or could disqualify such
  driver under the provisions of  section  FIVE  HUNDRED  NINE-C  OR  five
  hundred  nine-cc  of  this article. Notification to the carrier shall be
  without specification of the grounds for disqualification, those grounds
  to be made available only to the [school]  bus  driver  or  his  or  her
  representative.
    S  5.  This  act shall take effect on the ninetieth day after it shall
  have become a law.