Bill Text: NY S05171 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the qualifications of bus drivers; relates to provisions on investigations and inquiries of bus drivers other than school bus drivers; requires certain motor carriers to supply identifying information and bus registration information to the department.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2012-01-23 - referred to transportation [S05171 Detail]

Download: New_York-2011-S05171-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5171--B
           Cal. No. 801
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced by Sens. FUSCHILLO, LARKIN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Transportation --
         reported  favorably from said committee and committed to the Committee
         on Commerce, Economic Development  and  Small  Business  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee -- reported favorably from said committee, ordered
         to first report, amended on first report, ordered to a  second  report
         and  ordered  reprinted,  retaining  its  place in the order of second
         report
       AN ACT to amend the vehicle and traffic law, in relation  to  qualifica-
         tions of bus drivers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 509-d of the vehicle and traffic law is amended  by
    2  adding a new subdivision 2-a to read as follows:
    3    (2-A)  INVESTIGATIONS  AND  INQUIRIES OF BUS DRIVERS OTHER THAN SCHOOL
    4  BUS DRIVERS. (A) A MOTOR CARRIER SHALL REQUEST THE DEPARTMENT TO  INITI-
    5  ATE A CRIMINAL HISTORY CHECK FOR PERSONS HIRED OR RE-HIRED BY SUCH MOTOR
    6  CARRIER ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION AS DRIVERS OF
    7  BUSES,  AS  DEFINED IN PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE
    8  OF SECTION FIVE HUNDRED NINE-A OF THIS ARTICLE, IN ACCORDANCE WITH REGU-
    9  LATIONS OF THE COMMISSIONER REQUIRING SUCH BUS DRIVERS TO SUBMIT TO  THE
   10  MANDATED  FINGERPRINTING  PROCEDURE. ADDITIONALLY, FOR DRIVERS OF BUSES,
   11  AS DEFINED IN PARAGRAPH (B), (C), (D)  OR  (E)  OF  SUBDIVISION  ONE  OF
   12  SECTION  FIVE  HUNDRED  NINE-A OF THIS ARTICLE, IN THE EMPLOY OF A MOTOR
   13  CARRIER ON THE EFFECTIVE DATE OF THIS  SUBDIVISION,  THE  MOTOR  CARRIER
   14  SHALL  REQUEST  ON OR BEFORE THE TIME OF ANY SUCH DRIVER'S FIRST RENEWAL
   15  OF LICENSE PURSUANT TO SUBDIVISION SIX OF SECTION FIVE  HUNDRED  TWO  OF
   16  THIS  TITLE  THAT  THE  DEPARTMENT  INITIATE A CRIMINAL HISTORY CHECK IN
   17  ACCORDANCE WITH REGULATIONS OF THE  COMMISSIONER.    THE  DEPARTMENT  OF
   18  MOTOR  VEHICLES  AT  THE  REQUEST  OF THE MOTOR CARRIER SHALL INITIATE A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11014-04-1
       S. 5171--B                          2
    1  CRIMINAL HISTORY CHECK OF ALL BUS DRIVERS HIRED OR RE-HIRED ON OR  AFTER
    2  THE EFFECTIVE DATE OF THIS SUBDIVISION AND ALL CURRENT BUS DRIVERS ON OR
    3  BEFORE  THE  TIME  OF  THEIR  FIRST RENEWAL OF LICENSE BY REQUIRING SUCH
    4  APPLICANTS TO SUBMIT TO THE MANDATED FINGERPRINTING PROCEDURE AS PART OF
    5  THE  BUS  DRIVER  QUALIFICATION PROCEDURE. SUCH FINGERPRINTING PROCEDURE
    6  AND THE RELATED FEE AS WELL AS A PROCEDURE FOR THE RETURN OF SUCH  FING-
    7  ERPRINTS UPON APPLICATION OF A PERSON WHO HAS TERMINATED EMPLOYMENT AS A
    8  BUS  DRIVER  SHALL  BE ESTABLISHED IN ACCORDANCE WITH REGULATIONS OF THE
    9  COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF  THE  DIVISION  OF
   10  CRIMINAL  JUSTICE  SERVICES.  THE  FEE TO BE PAID BY OR ON BEHALF OF THE
   11  APPLICANT OR BUS DRIVER SHALL BE NO MORE THAN FIVE DOLLARS OVER THE COST
   12  TO THE COMMISSIONER FOR THE CRIMINAL HISTORY CHECK. NO CAUSE  OF  ACTION
   13  AGAINST  THE  DEPARTMENT,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES, A
   14  MOTOR CARRIER OR  POLITICAL  SUBDIVISION  FOR  DAMAGES  RELATED  TO  THE
   15  DISSEMINATION OF CRIMINAL HISTORY RECORDS PURSUANT TO THIS SECTION SHALL
   16  EXIST  WHEN SUCH DEPARTMENT, DIVISION, MOTOR CARRIER OR POLITICAL SUBDI-
   17  VISION HAS REASONABLY AND IN GOOD FAITH RELIED  UPON  THE  ACCURACY  AND
   18  COMPLETENESS  OF  CRIMINAL HISTORY INFORMATION FURNISHED TO IT BY QUALI-
   19  FIED AGENCIES.  FINGERPRINTS  SUBMITTED  TO  THE  DIVISION  OF  CRIMINAL
   20  JUSTICE  SERVICES  PURSUANT TO THIS SUBDIVISION MAY ALSO BE SUBMITTED TO
   21  THE FEDERAL BUREAU OF INVESTIGATION  FOR  A  NATIONAL  CRIMINAL  HISTORY
   22  RECORD  CHECK.    NOTWITHSTANDING  THE  FOREGOING, THE DEPARTMENT MAY BY
   23  REGULATION ESTABLISH GUIDELINES AND PROCEDURES FOR EXEMPTING BUS DRIVERS
   24  WHO HAVE ALREADY BEEN SUBJECTED TO A CRIMINAL HISTORY CHECK AT THE  TIME
   25  OF HIRE BY A MOTOR CARRIER.
   26    (B)  AFTER  A  MOTOR CARRIER HAS COMPLETED THE PROCEDURES SET FORTH IN
   27  PARAGRAPH (A) THIS OF SUBDIVISION, IT SHALL DESIGNATE EACH NEW BUS DRIV-
   28  ER AS A CONDITIONAL BUS DRIVER AS DEFINED IN SECTION FIVE HUNDRED NINE-H
   29  OF THIS ARTICLE, UNTIL THE CARRIER IS IN RECEIPT OF INFORMATION  OF  THE
   30  NEW  BUS  DRIVER'S  QUALIFICATION  FROM  THE DEPARTMENT AND THE REQUIRED
   31  DRIVING RECORDS FROM EACH APPROPRIATE STATE AGENCY. IF  THE  INFORMATION
   32  RECEIVED  INDICATES  THAT THERE IS A PENDING CRIMINAL OFFENSE OR DRIVING
   33  VIOLATION THAT WOULD REQUIRE DISQUALIFICATION OF A BUS DRIVER UNDER THIS
   34  ARTICLE, THE MOTOR  CARRIER  SHALL  REQUIRE  THE  APPLICANT  TO  PROVIDE
   35  DOCUMENTATION EVIDENCING THE DISPOSITION OF SUCH OFFENSE OR VIOLATION IN
   36  ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE COMMISSIONER. THE DEPART-
   37  MENT,  UPON NOTICE OF DISQUALIFICATION TO AN APPLICANT, SHALL INCLUDE IN
   38  SUCH NOTICE INFORMATION REGARDING THE APPLICANT'S RIGHT  TO  APPEAL  AND
   39  CONTEST  ANY CLAIMED GROUND FOR DISQUALIFICATION. SUCH NOTICE SHALL ALSO
   40  ADVISE THE APPLICANT OF HIS OR HER RIGHT TO OBTAIN, EXAMINE, INSPECT AND
   41  COPY ANY INFORMATION USED BY THE DEPARTMENT IN SUPPORT OF  ITS  DETERMI-
   42  NATION  OF  DISQUALIFICATION.  IN  THE  EVENT THE APPLICANT CONTESTS THE
   43  EXISTENCE OF A CRIMINAL CONVICTION IN HIS OR HER  NAME,  SUCH  APPLICANT
   44  MAY  PROVIDE DOCUMENTATION EVIDENCING THE DISPOSITION OF SUCH OFFENSE OR
   45  VIOLATION IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE  COMMISSION-
   46  ER.
   47    S 2. Section 509-h of the vehicle and traffic law, as amended by chap-
   48  ter 675 of the laws of 1985, is amended to read as follows:
   49    S  509-h. Operation by person not [licensed] QUALIFIED to drive a bus.
   50  The motor carrier shall not knowingly permit any person to operate a bus
   51  carrying passengers unless the driver meets all of the  requirements  of
   52  this  article;  except that a motor carrier may permit a conditional BUS
   53  DRIVER OR CONDITIONAL school bus driver who is not  otherwise  disquali-
   54  fied  under the provisions of this article to operate a bus for a period
   55  not to exceed ninety days or a longer period if granted a written exten-
   56  sion of such ninety day period by the department pursuant to regulations
       S. 5171--B                          3
    1  established by the commissioner. Such regulation shall authorize  exten-
    2  sion  for  at  least that period of time necessary to review information
    3  regarding the prior criminal history of the applicant.
    4    S  3.  The  vehicle and traffic law is amended by adding a new section
    5  509-hh to read as follows:
    6    S 509-HH. DUTY OF CERTAIN MOTOR CARRIERS TO SUPPLY IDENTIFYING  INFOR-
    7  MATION  AND BUS REGISTRATION INFORMATION TO THE DEPARTMENT; REQUIREMENTS
    8  REGARDING CERTAIN BUS REGISTRATIONS  AND  REGISTRATIONS.  1.  EXCEPT  AS
    9  OTHERWISE PROVIDED IN THIS SUBDIVISION, EVERY MOTOR CARRIER MUST PROVIDE
   10  TO  THE DEPARTMENT IDENTIFYING INFORMATION AND BUS REGISTRATION INFORMA-
   11  TION ON A FORM OR FORMS PREPARED AND FURNISHED  BY  THE  DEPARTMENT  FOR
   12  THAT  PURPOSE.  IDENTIFYING  INFORMATION SHALL INCLUDE, BUT SHALL NOT BE
   13  LIMITED TO, INFORMATION REGARDING: THE BUSINESS NAME,  OWNERSHIP,  BUSI-
   14  NESS  ADDRESS,  AND FEDERAL OR STATE IDENTIFICATION NUMBERS OF THE MOTOR
   15  CARRIER. BUS REGISTRATION INFORMATION SHALL INCLUDE, BUT  SHALL  NOT  BE
   16  LIMITED  TO, INFORMATION REASONABLY REQUIRED BY THE DEPARTMENT IN CARRY-
   17  ING OUT ITS DUTIES UNDER THIS  ARTICLE  REGARDING  THE  REGISTRATION  OF
   18  BUSES OWNED, LEASED, RENTED, OR OTHERWISE CONTROLLED BY THE MOTOR CARRI-
   19  ER.    IDENTIFYING  INFORMATION  AND  BUS  REGISTRATION INFORMATION MUST
   20  CONTAIN OR BE ACCOMPANIED BY SUCH SUPPORTING  DOCUMENTATION  AS  MAY  BE
   21  REQUESTED OR REQUIRED BY THE DEPARTMENT. A MOTOR CARRIER MUST NOTIFY THE
   22  DEPARTMENT  IN  WRITING OF ANY CHANGE IN ANY INFORMATION PROVIDED BY THE
   23  MOTOR CARRIER TO THE DEPARTMENT PURSUANT TO THIS SECTION WITHIN TEN DAYS
   24  OF THE CHANGE.
   25    2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, ON  AND  AFTER
   26  THE  EFFECTIVE  DATE  OF THIS SECTION, ANY MOTOR CARRIER SUBJECT TO THIS
   27  SECTION REGISTERING OR RE-REGISTERING A BUS  UNDER  THIS  ARTICLE  SHALL
   28  REGISTER  OR RE-REGISTER THE BUS ONLY IN THE SAME BUSINESS NAME THAT THE
   29  CARRIER PROVIDES  TO  THE  DEPARTMENT  UNDER  SUBDIVISION  ONE  OF  THIS
   30  SECTION.
   31    3.  FOR  PURPOSES  OF THIS SECTION, THE TERM "MOTOR CARRIER" SHALL NOT
   32  INCLUDE (A) A STATE, LOCAL, INTERSTATE  OR  INTERNATIONAL  AUTHORITY  AS
   33  DEFINED  IN  SECTION  TWO OF THE PUBLIC AUTHORITIES LAW, OR (B) A SCHOOL
   34  DISTRICT AS DEFINED IN SECTION NINETEEN HUNDRED EIGHTY OF THE  EDUCATION
   35  LAW.
   36    S 4. Subdivision 5 of section 509-m of the vehicle and traffic law, as
   37  added by chapter 675 of the laws of 1985, is amended to read as follows:
   38    5.  Upon  receipt  of the criminal history record report of [a school]
   39  ANY bus driver, notify the  motor  carrier  of  disqualification  of  an
   40  applicant  or  [school]  bus driver which would or could disqualify such
   41  driver under the provisions of  section  FIVE  HUNDRED  NINE-C  OR  five
   42  hundred  nine-cc  of  this article. Notification to the carrier shall be
   43  without specification of the grounds for disqualification, those grounds
   44  to be made available only to the [school]  bus  driver  or  his  or  her
   45  representative.
   46    S  5.  This  act shall take effect on the ninetieth day after it shall
   47  have become a law.