Bill Text: CT HB05390 | 2018 | General Assembly | Comm Sub


Bill Title: An Act Concerning Criminal History Records Checks For Operators Of School Buses.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-04-10 - File Number 365 [HB05390 Detail]

Download: Connecticut-2018-HB05390-Comm_Sub.html

General Assembly

 

Substitute Bill No. 5390

    February Session, 2018

 

*_____HB05390TRA___032318____*

AN ACT CONCERNING CRIMINAL HISTORY RECORDS CHECKS FOR OPERATORS OF SCHOOL BUSES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (e) of section 14-44 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(e) (1) Prior to issuing an operator's license bearing a public passenger endorsement pursuant to [subdivision (3) of] subsection (a) of this section, the Commissioner of Motor Vehicles shall require each applicant to submit to state and national criminal history records checks, conducted in accordance with section 29-17a. The Commissioner of Emergency Services and Public Protection shall complete such state and national criminal history records checks required pursuant to this section within sixty days of receiving such a request for a check of such records. If notice of a state or national criminal history record is received, the Commissioner of Motor Vehicles may, subject to the provisions of section 46a-80, refuse to issue an operator's license bearing such public passenger endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. Each applicant for a public passenger endorsement to operate a school bus or student transportation vehicle shall submit to a check of the state child abuse and neglect registry established pursuant to section 17a-101k. If notification that the applicant is listed as a perpetrator of abuse on the state child abuse and neglect registry is received, the Commissioner of Motor Vehicles may refuse to issue an operator's license bearing such public passenger endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. The Commissioner of Motor Vehicles shall not issue a temporary operator's license bearing a public passenger endorsement for operation of a school bus or student transportation vehicle.

(2) For the purposes of this subdivision, "certificate or permit holder" means any person, association, limited liability company or corporation that holds a certificate of public convenience and necessity to operate a taxicab, as described in section 13b-97 or holds a permit to operate a motor vehicle in livery service, as described in section 13b-103. Any certificate or permit holder who seeks to employ a person who has applied for a public passenger endorsement to operate a taxicab or motor vehicle in livery service under subdivision [(1)] (3) of [this] subsection (a) of this section may permit such person to operate a taxicab or motor vehicle in livery service prior to the approval by the Commissioner of Motor Vehicles of the application for such endorsement, but in no event for a period longer than ninety days after the date of application for such endorsement, provided such certificate or permit holder determines such person meets the requirements to operate a taxicab or motor vehicle in livery service set forth in regulations adopted by the commissioner pursuant to subsection (f) of this section. In making such determination, such certificate or permit holder shall (A) conduct, or have a consumer reporting agency regulated under the federal Fair Credit Reporting Act conduct, a local, state and national criminal history records check, including a search of state and national sexual offender registry databases, and (B) review such person's driving history record maintained by the commissioner and dated not more than seven days prior to the date of such review. A person who is approved by a certificate or permit holder under this subdivision shall carry and present, upon request, a copy of such person's application to the commissioner and criminal history records check when such person is operating a taxicab or motor vehicle in livery service.

(3) Any carrier, as defined in section 14-212, who seeks to employ a person who has applied for a public passenger endorsement to operate a school bus pursuant to subsection (a) of this section, may permit such person to operate a school bus, prior to the approval by the Commissioner of Motor Vehicles of the application for such endorsement, but in no event for a period longer than ninety days after the date of application for such endorsement, provided such carrier determines such person (A) holds a commercial driver's license of the appropriate class for the type of vehicle being driven, (B) meets the requirements to operate a school bus set forth in regulations adopted by the commissioner pursuant to subsection (f) of this section, (C) meets the minimum physical requirements to operate a school bus and the safety training requirements set forth in regulations adopted by the commissioner pursuant to subsection (a) of section 14-276a, (D) passes an examination in proficiency in school bus operation given by the commissioner, and (E) submits to a urinalysis drug test as required by subsection (d) of section 14-276a and receives a negative test result for such test. In making such determination, such carrier shall conduct, or have a consumer reporting agency regulated under the Federal Credit Reporting Act conduct, a local, state and national criminal history records check, including a search of state and national sexual offender registry databases and the state child abuse and neglect registry established pursuant to section 17a-101k, and review such person's driving history record maintained by the commissioner and dated not more than seven days prior to the date of such review. A person who is approved by a carrier under this subdivision shall carry and present, upon request, a copy of such person's application to the commissioner and criminal history records check when such person is operating a school bus.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2018

14-44(e)

TRA

Joint Favorable Subst.

 
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