S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2049
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens.  BONACIC,  AVELLA, LANZA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 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:
   § 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.
              

                                                            LBD04126-01-7

 S. 2049                             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.
   § 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.
   § 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. 2049                             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.
   § 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.