senate Bill S883

2013-2014 Legislative Session

Relates to the disqualification of certain persons from acting as school bus monitors and drivers

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Archive: Last Bill Status - In Committee


  • 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 08, 2014 referred to education
returned to senate
died in assembly
Mar 04, 2013 referred to education
delivered to assembly
passed senate
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.77
Jan 09, 2013 referred to education

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S883 - Bill Details

See Assembly Version of this Bill:
A2786
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §3635-d, Ed L; amd §509-cc, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S6157A, A9444

S883 - Bill Texts

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Relates to the disqualification of certain persons from acting as school bus monitors and drivers upon the conviction for certain offenses.

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BILL NUMBER:S883

TITLE OF BILL:
An act
to amend the education law and the
vehicle and traffic law, in relation to disqualification of
persons employed as school bus monitors and bus drivers

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit individuals who are convicted of certain offenses
involving children from being school bus monitors and to prohibit
individuals convicted of "Leandra's Law" violations from being school
bus drivers for a period of five years.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the Education Law by adding a new section 3635-d
which defines school bus monitors 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" and prohibits individuals who have
been convicted of certain offenses involving children, sexual based
offenses and drug offenses from being school bus monitors. It also
requires school bus monitors to be fingerprinted to determine whether
or not they have been convicted of a crime that would disqualify them
from being a school bus monitor.

Sections 2 and 3: Amends subdivisions 1 and 2 of section 509-cc of the
Vehicle and Traffic Law to provide that an individual is disqualified
from being a school bus driver for a period of five years from the
date of last conviction of violating paragraph (b) of subdivision
two-a of section 1192 of the Vehicle and Traffic Law ("Leandra's Law").

Section 4: Effective date.

JUSTIFICATION:
Current law provides that individuals who are convicted of certain
offenses involving children, sexual based offenses and drug offenses
are permanently or temporarily disqualified from being a school bus
driver. However, school bus monitors who routinely ride school
buses along with children are not subject to the same restrictions as
school bus drivers. This legislation would subject school bus
monitors to same restrictions as school bus drivers.

Additionally, current law provides that an individual is disqualified
from being a school bus driver for the extent of the time their
license is suspended, with a minimum of six months, if they are
convicted of a violation of section 1192 of the Vehicle and Traffic
Law (DWI). However, there is no additional penalty if the violation
occurred with a passenger under 16 years of age in the vehicle in
violation of "Leandra's Law". This legislation would disqualify an
individual from being a school bus driver for five years from date of
last conviction for a "Leandra's Law" violation.

LEGISLATIVE HISTORY:
S.6157-A of 2012: Passed Senate. Died in Assembly Education


FISCAL IMPLICATIONS: None to State.

EFFECTIVE DATE:
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.

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

                                   883

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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.
                                                           LBD03214-01-3

S. 883                              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. 883                              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.

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