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

                                   761

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. FUSCHILLO, LARKIN, MAZIARZ -- read twice and ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation

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
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

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

                                                           LBD01401-01-3

S. 761                              2

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
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. 761                              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 on the ninetieth day after it shall
have become a law.