senate Bill S5171A

2011-2012 Legislative Session

Relates to the qualifications of bus drivers

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2012 referred to transportation
delivered to assembly
passed senate
Jan 18, 2012 advanced to third reading
Jan 10, 2012 2nd report cal.
Jan 09, 2012 1st report cal.27
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 02, 2011 referred to transportation
delivered to assembly
passed senate
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
amended 5171b
May 24, 2011 1st report cal.801
May 18, 2011 print number 5171a
amend and recommit to commerce, economic development and small business
May 10, 2011 reported and committed to commerce, economic development and small business
May 03, 2011 referred to transportation

Votes

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Jan 9, 2012 - Transportation committee Vote

S5171B
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 24, 2011 - Commerce, Economic Development and Small Business committee Vote

S5171A
10
1
committee
10
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: May 24, 2011

nay (1)
aye wr (1)

May 10, 2011 - Transportation committee Vote

S5171
15
0
committee
15
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S5171 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§509-d, 509-h, & 509-m, add §509-hh, V & T L

S5171 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5171

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 this bill provides 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 current
bus drivers and those hired after the effective date of this act to
submit to a criminal back ground check. Currently, this requirement
applies only to school bus drivers.

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 requiring background checks of all bus drivers, 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.

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

                                  5171

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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.  Subdivision 2 of section 509-d of the vehicle and traffic
law, as added by chapter 675 of the laws of 1985 and  paragraph  (a)  as
amended  by  chapter  164  of  the  laws  of 2003, is amended to read as
follows:
  (2) Investigations and inquiries of BUS  drivers  [of  school  buses];
maintenance  of  file;  availability to subsequent employer. (a) A motor
carrier shall request the department  to  initiate  a  criminal  history
check  for  persons employed as drivers of [school] buses, as defined in
[paragraph (a) of subdivision one of] section  five  hundred  nine-a  of
this chapter[, on September fourteenth, nineteen hundred eighty-five] by
such  motor  carrier, in accordance with regulations of the commissioner
by requiring such [school] bus drivers to submit to the mandated finger-
printing procedure. The department of motor vehicles at the  request  of
the motor carrier shall initiate a criminal history check of all current
[school]  bus drivers of such motor carrier as well as those hired on or
after September fifteenth, nineteen  hundred  eighty-five  by  requiring
such  drivers  and  applicants  to submit to the mandated fingerprinting
procedure as part of the [school] bus  driver  qualification  procedure.
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 [school] 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 [school] bus driver or applicant shall be no
more than five dollars over the cost to the commissioner for the  crimi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11014-01-1

S. 5171                             2

nal  history check. No cause of action against the department, the divi-
sion of criminal justice services, a motor carrier or political subdivi-
sion for damages  related  to  the  dissemination  of  criminal  history
records pursuant to this section shall exist when such department, divi-
sion,  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 submit-
ted to the division of criminal justice services pursuant to this subdi-
vision may also be submitted to the federal bureau of investigation  for
a national criminal history record check.
  (b)  After  a  motor carrier has completed the procedures set forth in
paragraph (a) OF this [of] subdivision,  it  shall  designate  each  new
[school]  bus  driver as a conditional [school] bus driver as defined in
section five hundred nine-h of this article, until  the  carrier  is  in
receipt  of  information  of the new [school] bus driver's qualification
from the department and the required driving records from each appropri-
ate state agency. If the information received WITH RESPECT TO AN  APPLI-
CANT  FOR BUS DRIVER OTHER THAN A SCHOOL BUS DRIVER indicates that there
is a pending criminal offense or driving violation  that  would  require
disqualification  [of  a  school  bus driver] under SECTION FIVE HUNDRED
NINE-C OF 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 commission-
er.  IF THE INFORMATION RECEIVED WITH RESPECT TO AN APPLICANT FOR SCHOOL
BUS DRIVER INDICATES THAT THERE IS A PENDING CRIMINAL OFFENSE OR DRIVING
VIOLATION THAT WOULD REQUIRE DISQUALIFICATION UNDER SECTION FIVE HUNDRED
NINE-CC OF 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  COMMISSION-
ER.  The  department,  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  determination  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 disposi-
tion of such offense or violation in accordance with regulations  estab-
lished by the commissioner.
  S 2. This act shall take effect immediately.

Co-Sponsors

S5171A - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§509-d, 509-h, & 509-m, add §509-hh, V & T L

S5171A - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Co-Sponsors

S5171B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§509-d, 509-h, & 509-m, add §509-hh, V & T L

S5171B (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5171B

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 dlivers 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:
Ninety days.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5171--B
    Cal. No. 801

                       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 -- reported favorably from said committee, ordered
  to first report, amended on first report, ordered to a  second  report
  and  ordered  reprinted,  retaining  its  place in the order of second
  report

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11014-04-1

S. 5171--B                          2

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
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

S. 5171--B                          3

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 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.

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