S T A T E O F N E W Y O R K
________________________________________________________________________
6157--A
Cal. No. 119
I N S E N A T E
January 6, 2012
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- reported
favorably from said committee, ordered to first and second report,
amended on second report, ordered to a third reading, and to be
reprinted as amended, retaining its place in the order of third read-
ing
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.
LBD13912-03-2
S. 6157--A 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. 6157--A 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.
