A. 2677--A 2
NOT PERFORM ANY OTHER FUNCTION THAT IS NOT RELATED TO THE TRANSPORTATION
OF PASSENGERS, AND WHO IS NOT OTHERWISE SUBJECT TO THE PROVISIONS OF
THIS ARTICLE, SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS, PROVIDED
HOWEVER THAT SUCH INDIVIDUAL SHALL NOT BE REQUIRED TO HOLD A COMMERCIAL
DRIVER'S LICENSE IF SUCH LICENSE IS NOT OTHERWISE REQUIRED TO OPERATE
THE VEHICLE PURSUANT TO SECTIONS FIVE HUNDRED ONE AND FIVE HUNDRED ONE-A
OF THIS TITLE. SUCH INDIVIDUAL SHALL BE:
(I) AT LEAST EIGHTEEN YEARS OF AGE;
(II) SUBJECT TO THE PROVISIONS OF SECTIONS FIVE HUNDRED NINE-CC, FIVE
HUNDRED NINE-K AND FIVE HUNDRED NINE-L OF THIS ARTICLE; AND
(III) SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED NINE-D OF THIS
ARTICLE REGARDING FINGERPRINTING AND CRIMINAL HISTORY CHECKS, PROVIDED
HOWEVER, THAT SUCH INDIVIDUAL SHALL BE REQUIRED TO SUBMIT TO FINGER-
PRINTING AND A CRIMINAL HISTORY CHECK AS DIRECTED BY REGULATIONS TO BE
ESTABLISHED BY THE COMMISSIONER AND PROVIDED FURTHER THAT SUCH INDIVID-
UAL SHALL NOT TRANSPORT CHILDREN TO AND FROM SCHOOL AND SCHOOL ACTIV-
ITIES UNTIL RECEIVING CLEARANCE FROM THE COMMISSIONER. ADDITIONALLY, THE
COMMISSIONER SHALL PROMULGATE ANY OTHER REGULATIONS HE OR SHE DEEMS
NECESSARY TO ENSURE COMPLIANCE WITH THIS SECTION.
2. FOR PURPOSES OF THIS SECTION, THE TERM "SCHOOL BUS" SHALL HAVE THE
SAME MEANING AS PROVIDED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAP-
TER.
3. FOR PURPOSES OF THIS SECTION, THE TERM "MOTOR CARRIER" SHALL MEAN
ANY PERSON, CORPORATION, MUNICIPALITY, SCHOOL DISTRICT, OR ENTITY,
PUBLIC OR PRIVATE WHO DIRECTS ONE OR MORE SCHOOL BUS DRIVERS AND WHO
OPERATES A SCHOOL BUS WHOLLY WITHIN OR PARTLY WITHIN AND PARTLY WITHOUT
THIS STATE IN CONNECTION WITH THE BUSINESS OF TRANSPORTING CHILDREN FOR
HIRE, EXCEPT SUCH PUBLIC OR GOVERNMENTAL OPERATORS WHO MAY BE EXEMPTED
FROM THE PROVISIONS OF THIS SECTION BY THE COMMISSIONER THROUGH REGU-
LATION PROMULGATED BY THE COMMISSIONER.
4. FOR PURPOSES OF THIS SECTION, THE TERM "FOR HIRE" SHALL MEAN TRANS-
PORTATION OF PASSENGERS FOR WHICH MONIES ARE PAID TO THE MOTOR CARRIER
OR INDIVIDUAL FOR THE TRANSPORTATION PROVIDED EXCEPT THAT IT SHALL NOT
INCLUDE TRANSPORTATION OF PASSENGERS BY AN INDIVIDUAL OPERATING HIS OR
HER OWN VEHICLE WHERE THE ONLY PAYMENT MADE TO SUCH PERSON IS A MILEAGE
FEE INTENDED TO COVER THE ACTUAL COST OF SUCH OPERATION.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO INDIVIDUALS WHO
ARE ENGAGED IN THE MAINTENANCE, REPAIR OR GARAGING OF SCHOOL BUSES AND
IN THE COURSE OF THEIR DUTIES SHALL INCIDENTALLY DRIVE A SCHOOL BUS
WITHOUT PASSENGERS, OR WHO, AS A VOLUNTEER, DRIVE A SCHOOL BUS WITH
PASSENGERS LESS THAN THIRTY DAYS EACH YEAR.
S 2. Subdivision 4 of section 509-cc of the vehicle and traffic law,
as added by chapter 675 of the laws of 1985, paragraph (a) as amended by
chapter 93 of the laws of 2006, paragraph (b) as amended by chapter 360
of the laws of 1986 and paragraph (c) as amended by chapter 345 of the
laws of 2007, is amended to read as follows:
(4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
of subdivision one and paragraph (a) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 125.12, 125.11, 125.13, 125.14, 125.15, 125.20, 125.25,
125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 130.67,
130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 230.30,
230,32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of the
penal law or an attempt to commit any of the aforesaid offenses under
section 110.00 of the penal law, or any offenses committed under a
former section of the penal law which would constitute violations of the
A. 2677--A 3
aforesaid sections of the penal law, or any offenses committed outside
this state which would constitute violations of the aforesaid sections
of the penal law.
(b) The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 120.12, 125.10, [125.15,]
130.40, 130.53, 130.60, [130.65,] 130.65-A, 135.20, 160.15, 220.18,
220.21, 220.39, 220.44, 220.41, 220.43, 230.25, 260.00, [263.05, 263.10,
263.15,] 265.04 of the penal law or an attempt to commit any of the
aforesaid offenses under section 110.00 of the penal law, or any
offenses committed under a former section of the penal law which would
constitute violations of the aforesaid sections of the penal law, or any
offenses committed outside this state which would constitute violations
of the aforesaid sections of the penal law.
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 125.13, 125.14,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.04, 230.05, 230.06, 230.20, [230.25, 230.30, 230.32,] 235.05,
235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of
section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
the aforesaid offenses under section 110.00 of the penal law, or any
similar offenses committed under a former section of the penal law, or
any offenses committed under a former section of the penal law which
would constitute violations of the aforesaid sections of the penal law,
or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however that the adoption of any
rules or regulations necessary for the timely implementation of the
provisions of this act are authorized and directed to be completed on or
before such effective date.