senate Bill S5171A

Amended

Relates to the qualifications of bus drivers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO TRANSPORTATION
  • 10 / May / 2011
    • REPORTED AND COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 18 / May / 2011
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 18 / May / 2011
    • PRINT NUMBER 5171A
  • 24 / May / 2011
    • 1ST REPORT CAL.801
  • 25 / May / 2011
    • AMENDED 5171B
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2011
    • PASSED SENATE
  • 02 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 09 / Jan / 2012
    • 1ST REPORT CAL.27
  • 10 / Jan / 2012
    • 2ND REPORT CAL.
  • 18 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 23 / Jan / 2012
    • PASSED SENATE
  • 23 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 23 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

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.

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Bill Details

Versions:
S5171
S5171A
S5171B
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§509-d, 509-h, & 509-m, add §509-hh, V & T L

Sponsor Memo

BILL NUMBER:S5171A

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 back ground 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:
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.

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

                                 5171--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sens. FUSCHILLO, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported  favorably from said committee and committed to the Committee
  on Commerce, Economic Development  and  Small  Business  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 THE  DRIVER'S  FIRST  RENEWAL  OF
LICENSE PURSUANT TO THIS CHAPTER THAT THE DEPARTMENT INITIATE A CRIMINAL
HISTORY  CHECK.   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 FINGER-
PRINTING PROCEDURE AS PART OF THE BUS  DRIVER  QUALIFICATION  PROCEDURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11014-02-1

S. 5171--A                          2

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 BUS DRIVER SHALL BE ESTABLISHED IN ACCORDANCE
WITH  REGULATIONS  OF  THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
SIONER 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 CRIMI-
NAL  JUSTICE  SERVICES,  A  MOTOR  CARRIER  OR POLITICAL SUBDIVISION FOR
DAMAGES RELATED TO THE DISSEMINATION OF CRIMINAL HISTORY RECORDS  PURSU-
ANT  TO  THIS  SECTION SHALL EXIST WHEN SUCH DEPARTMENT, DIVISION, 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 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. 5171--A                          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 immediately.

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