S883-2013 Actions

• Mar 4, 2013: referred to education
• Mar 4, 2013: DELIVERED TO ASSEMBLY
• Mar 4, 2013: PASSED SENATE
• Feb 28, 2013: ADVANCED TO THIRD READING
• Feb 27, 2013: 2ND REPORT CAL.
• Feb 12, 2013: 1ST REPORT CAL.77
• Jan 9, 2013: REFERRED TO EDUCATION

S883-2013 Meetings

S883-2013 Calendars

S883-2013 Votes

S883-2013 Memo

BILL NUMBER:S883

TITLE OF BILL:
An act
to amend the education law and the
vehicle and traffic law, in relation to disqualification of
persons employed as school bus monitors and bus drivers

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit individuals who are convicted of certain offenses
involving children from being school bus monitors and to prohibit
individuals convicted of "Leandra's Law" violations from being school
bus drivers for a period of five years.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Education Law by adding a new section 3635-d
which defines school bus monitors 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" and prohibits individuals who have
been convicted of certain offenses involving children, sexual based
offenses and drug offenses from being school bus monitors. It also
requires school bus monitors to be fingerprinted to determine whether
or not they have been convicted of a crime that would disqualify them
from being a school bus monitor.

Sections 2 and 3: Amends subdivisions 1 and 2 of section 509-cc of the
Vehicle and Traffic Law to provide that an individual is disqualified
from being a school bus driver for a period of five years from the
date of last conviction of violating paragraph (b) of subdivision
two-a of section 1192 of the Vehicle and Traffic Law ("Leandra's Law").

Section 4: Effective date.

JUSTIFICATION:
Current law provides that individuals who are convicted of certain
offenses involving children, sexual based offenses and drug offenses
are permanently or temporarily disqualified from being a school bus
driver. However, school bus monitors who routinely ride school
buses along with children are not subject to the same restrictions as
school bus drivers. This legislation would subject school bus
monitors to same restrictions as school bus drivers.

Additionally, current law provides that an individual is disqualified
from being a school bus driver for the extent of the time their
license is suspended, with a minimum of six months, if they are
convicted of a violation of section 1192 of the Vehicle and Traffic
Law (DWI). However, there is no additional penalty if the violation
occurred with a passenger under 16 years of age in the vehicle in
violation of "Leandra's Law". This legislation would disqualify an
individual from being a school bus driver for five years from date of
last conviction for a "Leandra's Law" violation.

LEGISLATIVE HISTORY:
S.6157-A of 2012: Passed Senate. Died in Assembly Education


FISCAL IMPLICATIONS: None to State.

EFFECTIVE DATE:
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.

S883-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          883
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

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.
 LBD03214-01-3
 
       S. 883                              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. 883                              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.

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