Bill Text: NY A02677 | 2009-2010 | General Assembly | Amended
Bill Title: Provides that drivers of certain school buses who operate a school bus for hire and who are not otherwise subject to the provisions of article 19-A of the vehicle and traffic law relating to the licensing of bus drivers, shall be subject to such article except that such drivers shall not be required to hold a commercial driver's license; adds offenses which result in permanent disqualification.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-04-27 - reported referred to codes [A02677 Detail]
Download: New_York-2009-A02677-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2677--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. PRETLOW, FIELDS -- read once and referred to the
Committee on Transportation -- recommitted to the Committee on Trans-
portation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to the drivers
of certain school buses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 509-dd to read as follows:
3 S 509-DD. APPLICATION OF ARTICLE TO DRIVERS OF CERTAIN SCHOOL BUSES.
4 1. (A) ANY INDIVIDUAL WHO OPERATES A VEHICLE OF ANY SIZE USED TO TRANS-
5 PORT PERSONS UNDER THE AGE OF TWENTY-ONE, OR PERSONS OF ANY AGE WHO ARE
6 MENTALLY OR PHYSICALLY DISABLED, TO A PLACE OF VOCATIONAL, ACADEMIC OR
7 RELIGIOUS INSTRUCTION OR RELIGIOUS SERVICE INCLUDING NURSERY SCHOOLS,
8 DAY CARE CENTERS AND CAMPS AND WHO IS EMPLOYED BY A MOTOR CARRIER WHICH
9 IS EXCLUSIVELY ENGAGED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR
10 HIRE AND WHICH DOES NOT PERFORM ANY OTHER FUNCTION THAT IS NOT RELATED
11 TO THE TRANSPORTATION OF PASSENGERS, AND WHO IS NOT OTHERWISE SUBJECT TO
12 THE PROVISIONS OF THIS ARTICLE, SHALL BE SUBJECT TO THE PROVISIONS OF
13 THIS ARTICLE, PROVIDED HOWEVER THAT SUCH INDIVIDUAL SHALL NOT BE
14 REQUIRED TO HOLD A COMMERCIAL DRIVER'S LICENSE IF SUCH LICENSE IS NOT
15 OTHERWISE REQUIRED TO OPERATE THE VEHICLE PURSUANT TO SECTIONS FIVE
16 HUNDRED ONE AND FIVE HUNDRED ONE-A OF THIS TITLE.
17 (B) ANY INDIVIDUAL WHO OPERATES A VEHICLE OF ANY SIZE USED TO TRANS-
18 PORT PERSONS UNDER THE AGE OF TWENTY-ONE, OR PERSONS OF ANY AGE WHO ARE
19 MENTALLY OR PHYSICALLY DISABLED, TO A PLACE OF VOCATIONAL, ACADEMIC OR
20 RELIGIOUS INSTRUCTION OR RELIGIOUS SERVICE INCLUDING NURSERY SCHOOLS,
21 DAY CARE CENTERS AND CAMPS AND WHO IS SELF-EMPLOYED AND IS EXCLUSIVELY
22 ENGAGED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR HIRE AND WHO DOES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05555-02-0
A. 2677--A 2
1 NOT PERFORM ANY OTHER FUNCTION THAT IS NOT RELATED TO THE TRANSPORTATION
2 OF PASSENGERS, AND WHO IS NOT OTHERWISE SUBJECT TO THE PROVISIONS OF
3 THIS ARTICLE, SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS, PROVIDED
4 HOWEVER THAT SUCH INDIVIDUAL SHALL NOT BE REQUIRED TO HOLD A COMMERCIAL
5 DRIVER'S LICENSE IF SUCH LICENSE IS NOT OTHERWISE REQUIRED TO OPERATE
6 THE VEHICLE PURSUANT TO SECTIONS FIVE HUNDRED ONE AND FIVE HUNDRED ONE-A
7 OF THIS TITLE. SUCH INDIVIDUAL SHALL BE:
8 (I) AT LEAST EIGHTEEN YEARS OF AGE;
9 (II) SUBJECT TO THE PROVISIONS OF SECTIONS FIVE HUNDRED NINE-CC, FIVE
10 HUNDRED NINE-K AND FIVE HUNDRED NINE-L OF THIS ARTICLE; AND
11 (III) SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED NINE-D OF THIS
12 ARTICLE REGARDING FINGERPRINTING AND CRIMINAL HISTORY CHECKS, PROVIDED
13 HOWEVER, THAT SUCH INDIVIDUAL SHALL BE REQUIRED TO SUBMIT TO FINGER-
14 PRINTING AND A CRIMINAL HISTORY CHECK AS DIRECTED BY REGULATIONS TO BE
15 ESTABLISHED BY THE COMMISSIONER AND PROVIDED FURTHER THAT SUCH INDIVID-
16 UAL SHALL NOT TRANSPORT CHILDREN TO AND FROM SCHOOL AND SCHOOL ACTIV-
17 ITIES UNTIL RECEIVING CLEARANCE FROM THE COMMISSIONER. ADDITIONALLY, THE
18 COMMISSIONER SHALL PROMULGATE ANY OTHER REGULATIONS HE OR SHE DEEMS
19 NECESSARY TO ENSURE COMPLIANCE WITH THIS SECTION.
20 2. FOR PURPOSES OF THIS SECTION, THE TERM "SCHOOL BUS" SHALL HAVE THE
21 SAME MEANING AS PROVIDED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAP-
22 TER.
23 3. FOR PURPOSES OF THIS SECTION, THE TERM "MOTOR CARRIER" SHALL MEAN
24 ANY PERSON, CORPORATION, MUNICIPALITY, SCHOOL DISTRICT, OR ENTITY,
25 PUBLIC OR PRIVATE WHO DIRECTS ONE OR MORE SCHOOL BUS DRIVERS AND WHO
26 OPERATES A SCHOOL BUS WHOLLY WITHIN OR PARTLY WITHIN AND PARTLY WITHOUT
27 THIS STATE IN CONNECTION WITH THE BUSINESS OF TRANSPORTING CHILDREN FOR
28 HIRE, EXCEPT SUCH PUBLIC OR GOVERNMENTAL OPERATORS WHO MAY BE EXEMPTED
29 FROM THE PROVISIONS OF THIS SECTION BY THE COMMISSIONER THROUGH REGU-
30 LATION PROMULGATED BY THE COMMISSIONER.
31 4. FOR PURPOSES OF THIS SECTION, THE TERM "FOR HIRE" SHALL MEAN TRANS-
32 PORTATION OF PASSENGERS FOR WHICH MONIES ARE PAID TO THE MOTOR CARRIER
33 OR INDIVIDUAL FOR THE TRANSPORTATION PROVIDED EXCEPT THAT IT SHALL NOT
34 INCLUDE TRANSPORTATION OF PASSENGERS BY AN INDIVIDUAL OPERATING HIS OR
35 HER OWN VEHICLE WHERE THE ONLY PAYMENT MADE TO SUCH PERSON IS A MILEAGE
36 FEE INTENDED TO COVER THE ACTUAL COST OF SUCH OPERATION.
37 5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO INDIVIDUALS WHO
38 ARE ENGAGED IN THE MAINTENANCE, REPAIR OR GARAGING OF SCHOOL BUSES AND
39 IN THE COURSE OF THEIR DUTIES SHALL INCIDENTALLY DRIVE A SCHOOL BUS
40 WITHOUT PASSENGERS, OR WHO, AS A VOLUNTEER, DRIVE A SCHOOL BUS WITH
41 PASSENGERS LESS THAN THIRTY DAYS EACH YEAR.
42 S 2. Subdivision 4 of section 509-cc of the vehicle and traffic law,
43 as added by chapter 675 of the laws of 1985, paragraph (a) as amended by
44 chapter 93 of the laws of 2006, paragraph (b) as amended by chapter 360
45 of the laws of 1986 and paragraph (c) as amended by chapter 345 of the
46 laws of 2007, is amended to read as follows:
47 (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
48 of subdivision one and paragraph (a) of subdivision two of this section
49 that result in permanent disqualification shall include a conviction
50 under sections 125.12, 125.11, 125.13, 125.14, 125.15, 125.20, 125.25,
51 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 130.67,
52 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 230.30,
53 230,32, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of the
54 penal law or an attempt to commit any of the aforesaid offenses under
55 section 110.00 of the penal law, or any offenses committed under a
56 former section of the penal law which would constitute violations of the
A. 2677--A 3
1 aforesaid sections of the penal law, or any offenses committed outside
2 this state which would constitute violations of the aforesaid sections
3 of the penal law.
4 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
5 subdivision one and paragraph (b) of subdivision two of this section
6 that result in permanent disqualification shall include a conviction
7 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 125.10, [125.15,]
8 130.40, 130.53, 130.60, [130.65,] 130.65-A, 135.20, 160.15, 220.18,
9 220.21, 220.39, 220.44, 220.41, 220.43, 230.25, 260.00, [263.05, 263.10,
10 263.15,] 265.04 of the penal law or an attempt to commit any of the
11 aforesaid offenses under section 110.00 of the penal law, or any
12 offenses committed under a former section of the penal law which would
13 constitute violations of the aforesaid sections of the penal law, or any
14 offenses committed outside this state which would constitute violations
15 of the aforesaid sections of the penal law.
16 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
17 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
18 of this section that result in disqualification for a period of five
19 years shall include a conviction under sections 100.10, 105.13, 115.05,
20 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 125.13, 125.14,
21 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
22 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
23 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
24 230.04, 230.05, 230.06, 230.20, [230.25, 230.30, 230.32,] 235.05,
25 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of
26 section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
27 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
28 the aforesaid offenses under section 110.00 of the penal law, or any
29 similar offenses committed under a former section of the penal law, or
30 any offenses committed under a former section of the penal law which
31 would constitute violations of the aforesaid sections of the penal law,
32 or any offenses committed outside this state which would constitute
33 violations of the aforesaid sections of the penal law.
34 S 3. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law, provided, however that the adoption of any
36 rules or regulations necessary for the timely implementation of the
37 provisions of this act are authorized and directed to be completed on or
38 before such effective date.
