Bill S883-2013

Relates to the disqualification of certain persons from acting as school bus monitors and drivers

Relates to the disqualification of certain persons from acting as school bus monitors and drivers upon the conviction for certain offenses.

Details

Actions

  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Feb 12, 2013
Ayes (19): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Smith, Valesky, Latimer, Addabbo, Avella, Breslin, Montgomery, Stavisky, Tkaczyk

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 883 2013-2014 Regular Sessions IN 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
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:
(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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