Bill Text: NY A03542 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the disqualification of certain persons from acting as school bus monitors and drivers upon the conviction for certain offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to education [A03542 Detail]
Download: New_York-2023-A03542-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3542 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Education 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: 1 Section 1. The education law is amended by adding a new section 3635-d 2 to read as follows: 3 § 3635-d. Disqualification of school bus monitors. 1. A person shall 4 be disqualified from acting as a school bus monitor as follows: 5 (a) permanently, if that person has been convicted of an offense list- 6 ed in paragraph (a) of subdivision four of section five hundred nine-cc 7 of the vehicle and traffic law. However, such disqualification may be 8 waived by the commissioner provided that five years have expired since 9 the applicant was discharged or released from a sentence of imprisonment 10 imposed pursuant to conviction of an offense that requires disqualifica- 11 tion under this paragraph and that the applicant shall have been granted 12 a certificate of relief from disabilities or a certificate of good 13 conduct pursuant to article twenty-three of the correction law. When the 14 certificate is issued by a court for a conviction which occurred in this 15 state, it shall only be issued by the court having jurisdiction over 16 such conviction. Such certificate shall specifically indicate that the 17 authority granting such certificate has considered the bearing, if any, 18 the criminal offense or offenses for which the person was convicted will 19 have on the applicant's fitness to monitor and ensure the safety of 20 children riding on a school bus, prior to granting such a certificate; 21 (b) permanently, if that person has been convicted of an offense list- 22 ed in paragraph (b) of subdivision four of section five hundred nine-cc 23 of the vehicle and traffic law. However, such disqualification shall be 24 waived provided that five years have expired since the applicant was EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08193-01-3A. 3542 2 1 incarcerated pursuant to a sentence of imprisonment imposed on 2 conviction of an offense that requires disqualification under this para- 3 graph and that the applicant shall have been granted a certificate of 4 relief from disabilities or a certificate of good conduct pursuant to 5 article twenty-three of the correction law. When the certificate is 6 issued by a court for a conviction which occurred in this state, it 7 shall only be issued by the court having jurisdiction over such 8 conviction. Such certificate shall specifically indicate that the 9 authority granting such certificate has considered the bearing, if any, 10 the criminal offense or offenses for which the person was convicted will 11 have on the applicant's fitness to monitor and ensure the safety of 12 children riding on a school bus, prior to granting such a certificate. 13 Provided, however, that at the discretion of the commissioner the 14 certificate of relief from disabilities or a certificate of good conduct 15 pursuant to article twenty-three of the correction law may remove 16 disqualification at any time; 17 (c) for a period of five years from the date of last conviction speci- 18 fied herein, if that person has been convicted within the preceding five 19 years of an offense listed in paragraph (c) of subdivision four of 20 section five hundred nine-cc of the vehicle and traffic law. Such 21 disqualification shall be waived provided that the applicant has been 22 granted a certificate of relief from disabilities or a certificate of 23 good conduct pursuant to article twenty-three of the correction law. 24 When the certificate is issued by a court for a conviction which 25 occurred in this state, it shall only be issued by the court having 26 jurisdiction over such conviction. Such certificate shall specifically 27 indicate that the authority granting such certificate has considered the 28 bearing, if any, the criminal offense or offenses for which the person 29 was convicted will have on the applicant's fitness to monitor and ensure 30 the safety of children riding on a school bus, prior to granting such a 31 certificate; and 32 (d) for a period of five years from the date of last conviction speci- 33 fied herein, if that person has been convicted within the preceding five 34 years of a violation of section 120.04, 120.04-a, 125.13, 125.14 or 35 235.07 of the penal law. 36 For the purposes of this subdivision a school bus monitor shall be 37 defined as any adult employed by a school district or a private entity 38 to ride on a school bus for the purpose of ensuring the safety of its 39 passengers or for monitoring the conduct of the bus passengers. 40 2. As a part of such determination concerning whether an individual is 41 disqualified from acting as a school bus monitor pursuant to this 42 section, the department shall submit a prospective monitor's finger- 43 prints to the division of criminal justice services for a state criminal 44 history record check, as defined in subdivision one of section three 45 thousand thirty-five of this chapter, and may submit such fingerprints 46 to the federal bureau of investigation for a national criminal history 47 record check. 48 § 2. Subdivision 1 of section 509-cc of the vehicle and traffic law is 49 amended by adding a new paragraph (h) to read as follows: 50 (h) for a period of five years from the date of last conviction for 51 violating paragraph (b) of subdivision two-a of section eleven hundred 52 ninety-two of this chapter. 53 § 3. Subdivision 2 of section 509-cc of the vehicle and traffic law is 54 amended by adding a new paragraph (i) to read as follows:A. 3542 3 1 (i) for a period of five years from the date of last conviction for 2 violating paragraph (b) of subdivision two-a of section eleven hundred 3 ninety-two of this chapter. 4 § 4. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law. Effective immediately the addition, amend- 6 ment and/or repeal of any rule or regulation necessary for the implemen- 7 tation of this act on its effective date are authorized to be made and 8 completed on or before such date.