Bill Text: NJ S637 | 2010-2011 | Regular Session | Amended
Bill Title: Requires certain NJ Transit Corporation employees to undergo criminal history background checks and wear photo identification.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-03-04 - Referred to Senate Budget and Appropriations Committee [S637 Detail]
Download: New_Jersey-2010-S637-Amended.html
SENATE, No. 637
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator ANDREW R. CIESLA
District 10 (Monmouth and Ocean)
Co-Sponsored by:
Senators T.Kean and A.R.Bucco
SYNOPSIS
Requires certain NJ Transit Corporation employees to undergo criminal history background checks and wear photo identification.
CURRENT VERSION OF TEXT
As reported by the Senate Transportation Committee on March 4, 2010, with amendments.
An Act concerning criminal history record background checks and photo identification requirements for certain employees of the New Jersey Transit Corporation and supplementing P.L.1979, c.150 (C.27:25-1 et seq).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Criminal history record background check" means a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the 1[Federal Bureau of Investigation, Identification Division and the]1 State Bureau of Identification in the Division of State Police.
"Corporation" means the New Jersey Transit Corporation.
"Current security employee" means an individual who is employed by the corporation and is granted access to a security sensitive area.
"Prospective security employee" means an individual who seeks employment with the corporation for a position that may require access to a security sensitive area.
"Security sensitive area" means that area determined by the corporation to be essential to maintaining the security of its facilities and operations.
2. The 1[Department of Law and Public Safety] corporation1 shall perform criminal history record background checks on each 1[current or]1 prospective security employee. The corporation shall not hire a prospective security employee 1[or further employ a current security employee]1 unless it is determined that no criminal record information exists on file in the 1[Federal Bureau of Investigation, Identification Division, or in the]1 State Bureau of Identification in the Division of State Police which would disqualify the 1[employee] individual1 from being employed pursuant to the provisions of this act.
3. A 1[current or]1 prospective security employee subject to the provisions of section 2 of this act shall submit to being fingerprinted in accordance with applicable State and federal laws, rules 1,1 and regulations. A 1[current or]1 prospective security employee who refuses to consent to, or cooperate in, the securing of a criminal history record background check shall not be hired 1[or further employed, as appropriate] by the corporation1. The 1[Department of Law and Public Safety] corporation1 is authorized to request and receive criminal history record information from the 1[Federal Bureau of Investigation, Identification Section and the]1 Division of State Police, Bureau of Identification for use in making determinations provided for in section 2 of this act. A criminal history record background check shall not be performed pursuant to this act unless the 1[current or]1 prospective security employee shall have furnished written consent to such check. 1[The current or prospective security employee shall bear the cost for the criminal history record background check.]1
4. a. Upon receipt of a 1[current or]1 prospective security employee's criminal history record information from the 1[Federal Bureau of Investigation and the]1 Division of State Police, the corporation shall notify the 1[current or]1 prospective security employee 1[, in writing,]1 as to whether the employee is qualified or disqualified for employment pursuant to this act. The corporation shall determine the basis for disqualification of a 1[current or]1 prospective security employee. 1[If the employee is disqualified for employment, the convictions which constitute the basis for the disqualification shall be identified in the written notice.]1
b. A 1[current or]1 prospective security employee shall have 20 days from the date of the 1[written]1 notice of disqualification to file an appeal for review on the accuracy of the criminal history record information or to establish rehabilitation pursuant to regulations adopted by the corporation, in consultation with the Attorney General.
c. The corporation shall not maintain a 1[current or]1 prospective security employee's criminal history record information submitted under this act for longer than 1[six] 361 months from the date of the final disposition of the employee's disqualification.
1[5. All identification credentials for a current or prospective security employee who was subject to a criminal history record background check pursuant to the provisions of this act shall indicate that a criminal history record background check has been performed for the employee with the written consent of the employee.]1
1[6.] 5.1 The corporation shall adopt procedures to ensure that each current security employee is issued a plainly visible photo identification card to be worn at all times while on duty, which includes the individual's name, a color photograph of the individual in a size adequate to permit recognition, the individual's signature, the date of issuance, and proof of employment by the corporation.
1[7.] 6.1 A new identification card shall be made and issued by the corporation from time to time to reflect any substantial changes in the current security employee's appearance 1[, but in any case, a new card shall be issued at least once every six years]1. Each new identification card shall contain a 1recent1 color photograph of the employee 1[and the photograph shall be taken no more than two weeks before the date upon which the new identification card is issued]1.
1[8.] 7.1 A current security employee of the corporation who is in possession of an identification card, as provided for by this act, shall not loan, allow or permit any other person to use or display the identification card. In case of the loss of the identification card, the current security employee shall immediately notify the corporation of the loss and the circumstances surrounding the same. Any person violating the provisions of this section or any person who shall display or use the identification card of another, for the purpose of deceiving any person as to their identity, shall be guilty of a disorderly person's offense.
1[9.] 8.1 This act shall take effect immediately.
