Bill Text: NJ A1757 | 2010-2011 | Regular Session | Introduced
Bill Title: Addresses various concerns affecting post-release employment.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A1757 Detail]
Download: New_Jersey-2010-A1757-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Mercer)
Assemblyman ALBERT COUTINHO
District 29 (Essex and Union)
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
Co-Sponsored by:
Assemblywoman Riley
SYNOPSIS
Addresses various concerns affecting post-release employment.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning post-release employment and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.33:1-26 is amended to read as follows:
33:1-26. All licenses shall be for a term of one year from July 1 in each year. The respective fees for any such license shall be prorated according to the effective date of the license and based on the respective annual fee as in this chapter provided. Where the license fee deposited with the application exceeds the prorated fee, a refund of the excess shall be made to the licensee. Licenses are not transferable except as hereinafter provided. A separate license is required for each specific place of business and the operation and effect of every license is confined to the licensed premises. No retail license of any class shall be issued to any holder of a manufacturer's or wholesaler's license, and no manufacturer's or wholesaler's license shall be issued to the holder of a retail license of any class. Any person who shall exercise or attempt to exercise, or hold himself out as authorized to exercise, the rights and privileges of a licensee except the licensee and then only with respect to the licensed premises, shall be guilty of a misdemeanor.
In case of death, bankruptcy, receivership or incompetency of the licensee, or if for any other reason whatsoever the operation of the business covered by the license shall devolve by operation of law upon a person other than the licensee, the director or the issuing authority may, in his or its discretion, extend the license for a limited time, not exceeding its term, to the executor, administrator, trustee, receiver or other person upon whom the same has devolved by operation of law as aforesaid. Under no circumstances, however, shall a license, or rights thereunder, be deemed property, subject to inheritance, sale, pledge, lien, levy, attachment, execution, seizure for debts, or any other transfer or disposition whatsoever, except for payment of taxes, fees, interest and penalties imposed by any State tax law for which a lien may attach pursuant to R.S.54:49-1 or pursuant to the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., or any similar State lien of tax, except to the extent expressly provided by this chapter.
On application made therefor setting forth the same matters and things with reference to the premises to which a transfer of license is sought as are required to be set forth in connection with an original application for license, as to the premises, and after publication of notice of intention to apply for transfer, in the same manner as is required in case of an application for license as to the premises, the director or other issuing authority may transfer, upon payment of a fee of 10% of the annual license fee for the license sought to be transferred, any license issued by him or it respectively to a different place of business than that specified therein, by endorsing permission upon the license.
On application made therefor setting forth the same matters and things with reference to the person to whom a transfer of license is sought as are required to be set forth in connection with an original application for license, which application for transfer shall be signed and sworn to by the person to whom the transfer of license is sought and shall bear the consent in writing of the licensee to the transfer, and after publication of notice of intention by the person to whom the transfer of license is sought, to apply for transfer in the same manner as is required in the case of an original application for license, the director or other issuing authority, as the case may be, may transfer any license issued by him or it respectively to the applicant for transfer by endorsing the license. The application and the applicant shall comply with all requirements of this chapter pertaining to an original application for license and shall be accompanied, in lieu of the license fee required on the original application, by a fee of 10% of the annual license fee for the license sought to be transferred, which 10% shall be retained by the director or other issuing authority, as the case may be, whether the transfer be granted or not, and accounted for as other license fees.
If the other issuing authority shall refuse to grant a transfer the applicant shall be notified forthwith of the refusal by a notice served personally upon the applicant, or sent to him by registered mail addressed to him at the address stated in the application, and the applicant may, within 30 days after the date of service or mailing of the notice, appeal to the director from the action of the issuing authority. If the other issuing authority shall grant a transfer, any taxpayer or other aggrieved person opposing the grant of the transfer may, within 30 days after the grant of the transfer, appeal to the director from the action of the issuing authority.
[No] Except as provided under this section, no person who [would fail to qualify as a licensee under this chapter] is under the age of majority shall be knowingly employed by or connected in any business capacity whatsoever with a licensee. A person failing to qualify as to age [or by reason of conviction of a crime involving moral turpitude] may, with the approval of the director, and subject to rules and regulations, be employed by any licensee, but the employee if disqualified by age shall not, in any manner whatsoever serve, sell or solicit the sale or participate in the manufacture, rectification, blending, treating, fortification, mixing, processing or bottling of any alcoholic beverage; and further provided, that no permit shall be necessary for the employment in a bona fide hotel or restaurant of any person failing to qualify as to age so long as the person shall not in any manner whatsoever serve, sell or solicit the sale of any alcoholic beverage, or participate in the mixing, processing or preparation thereof.
Each person seeking to be employed or connected in any business capacity whatsoever with a licensee shall submit to the director the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The director is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the director in the event a current holder of a license or prospective applicant, who was the subject of a criminal history record background check pursuant to this section, is arrested for a crime or offense in this State after the date the background check was performed. A licensee may use the results of the criminal history record background check as a factor in determining whether a person is qualified to be employed by, or connected in any business capacity whatsoever with, the licensee.
Any request for relief under this section shall be accompanied by a nonreturnable filing fee of [$100.00] $100 payable to the director.
(cf: P.L.2003, c.199, s.19)
2. Section 9 of P.L.2001, c.416 (C.48:16-22.3a) is amended to read as follows:
9. a. Any person who owns a limousine service shall require an applicant for employment as a limousine operator or driver to provide the applicant's name, address, citizenship status, a form of photographic identification, birth certificate, and such other information as the Chief Administrator of the New Jersey Motor Vehicle Commission (hereinafter the "chief administrator") may require.
b. An applicant subject to the provisions of subsection a. of this section shall submit to being fingerprinted by the Division of State Police in the Department of Law and Public Safety or by agents appointed by or under contract to the division. The applicant also shall provide written consent to the performance of a criminal history record background check. The chief administrator is authorized to exchange fingerprint data and photographic identification with and receive criminal history record background information results from the Federal Bureau of Investigation and the Division of State Police. The division shall inform the chief administrator if an applicant's criminal history record background check reveals a conviction of a disqualifying crime as specified in subsection d. of this section. The applicant shall bear the cost of fingerprinting and the cost for the background checks, including all costs of administering and processing the checks. As used in this section, "criminal history record background check" means a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprint data with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police. The owner of the limousine service may use the results of the criminal history record background check as a factor in determining whether a person is qualified to be employed by the limousine service.
c. No applicant shall be permitted to operate or drive a limousine unless the applicant is 21 years of age or older and unless the chief administrator provides written notification to the owner of the limousine service of the chief administrator's determination that the applicant is qualified for employment as a limousine operator or driver.
d. An applicant shall be disqualified from operating or driving a limousine if the applicant's criminal history record background check reveals a record of conviction of any of the following crimes:
(1) In New Jersey or elsewhere any crime as follows: [aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery,] aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.2C:24-4[, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2].
(2) In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph (1) of subsection d. of this section.
e. The chief administrator is authorized to adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section.
f. The provisions of this section shall apply to persons making applications for employment on or after the effective date of P.L.2001, c.416 (C.48:16-18.1 et al.).
(cf: P.L.2007, c.35, s.1)
3. Section 2 of P.L.2002, c.73 (C.6:1-100) is amended to read as follows:
2. a. As used in this section:
"Aircraft operator" means the holder of an operating certificate issued by the Federal Aviation Administration or a permit issued by the Civil Aeronautics Board or the federal Department of Transportation who conducts scheduled passenger, public charter or private charter flight operations in which passengers are emplaned from or deplaned into a sterile area.
"Airport" means a commercial service airport facility conducting business pursuant to Title 14 of Code of Federal Regulations Part 139, located wholly within this State operating pursuant to an airport security program approved by the Federal Aviation Administration.
"Airport operator" means a State or local government unit, agency or public authority that operates an airport that serves an aircraft operator, except the Port Authority of New York and New Jersey.
"Employee" means any person who provides services in the sterile area of an airport.
"Prior conviction" means a conviction under the laws of this State, another state, or the United States of an offense substantially equivalent to any crime listed in this section for which a sentence of imprisonment in excess of one year could be imposed.
"Sterile area" means that portion of an airport that provides passengers access to boarding aircraft and to which the access generally is controlled through the screening of persons and property in accordance with a security program approved by the Federal Aviation Administration.
b. An airport operator shall not employ or permit to be employed any employee who has a disqualifying conviction. An airport operator shall not employ, or permit to be employed, an employee unless it has determined, consistent with the standards of this section, that no criminal history record background information exists on file in the Federal Bureau of Investigation, Criminal Justice Information Service or the Division of State Police which would disqualify that individual from being employed. This section shall apply to all employees who are currently employed at or who are prospective employees at an airport operated by an airport operator. This section shall not apply to employees who are subject to fingerprint-based criminal history record background checks mandated by federal law or rules and regulations.
c. Each airport operator shall require, for purposes of determining employment eligibility, the fingerprinting of prospective or current employees. The airport operator is authorized to receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation, Criminal Justice Information Service consistent with the provisions of Public Law 92-544, for use in determining employment eligibility. Each airport operator shall:
(1) promulgate rules and regulations for the use and safeguarding of criminal history record background information received from the Division of State Police and the Federal Bureau of Investigation, Criminal Justice Information Service;
(2) develop a form to be used in connection with the submission of fingerprints that contains the specific job title held or sought, and any other information that may be relevant to consideration of the current or prospective employee; and
(3) promulgate a form to be provided to all prospective and current employees that shall inform the prospective or current employee that: (a) the airport operator is required to request that employee's criminal history record background information from the Division of State Police and the Federal Bureau of Investigation, Criminal Justice Information Service and review such information pursuant to this section; (b) the prospective or current employee has the right to obtain, review and seek correction of his criminal history record background information; and the prospective or current employee shall have 14 days from the date of any written notice of disqualification to challenge the accuracy of the criminal history record background information.
d. The employee or prospective employee shall submit to the airport operator the individual's name and address and shall provide written consent to and cooperate in the securing of fingerprints taken in accordance with applicable State and federal laws, rules, regulations and standards by a State or municipal law enforcement agency or other person designated by the Division of State Police, and any fees imposed by the Division of State Police and the Federal Bureau of Investigation, Criminal Justice Information Service. The airport operator is authorized to exchange fingerprint data with and receive criminal history record background information from the Federal Bureau of Investigation, Criminal Justice Information Service and the Division of State Police for use in determining the eligibility for employment of employees and prospective employees, consistent with the provisions of Public Law 92-544. The airport operator shall promptly transmit such fingerprints and the required fees to the Division of State Police and the Federal Bureau of Investigation, Criminal Justice Information Service for their full search and processing. The Division of State Police is authorized to submit the fingerprints and the appropriate fee to the Federal Bureau of Investigation, Criminal Justice Information Service for a national criminal history record background check.
The Division of State Police shall forward the criminal history record to the airport operator in a timely manner.
e. All criminal history records processed and sent to the airport operator pursuant to this section shall be confidential pursuant to the applicable federal and state laws, rules and regulations, and shall not be published or in any way disclosed to persons other than an airport operator, unless otherwise authorized by law. No cause of action against an airport operator for damages shall exist for the determination that a prospective or current employee has a disqualifying criminal conviction, or for the lawful disclosure of a disqualifying criminal conviction to an employer, when an airport operator has reasonably and in good faith relied upon the accuracy and completeness of criminal history record background information furnished to it by the Division of State Police or the Federal Bureau of Investigation, Criminal Justice Information Service. An airport operator who acts upon or discloses information pertaining to a disqualifying criminal conviction of a prospective or current employee shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the airport operator acted with actual malice toward the person who is the subject of the information.
No cause of action against an employer for damages shall exist for acting upon information received from an airport operator that a current employee has a disqualifying criminal conviction, when the employer has reasonably and in good faith relied upon the determination made by the airport operator that the current employee has a disqualifying criminal conviction. An employer at the airport who acts upon information pertaining to a disqualifying criminal conviction of a current employee shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer acted with actual malice toward the person who is the subject of the information.
f. The airport operator shall review the criminal history record of a current or prospective employee covered by this section to determine whether that employee has a disqualifying criminal conviction in his background. [A] Except in the case where a prospective employee has affirmatively demonstrated his rehabilitation as provided under subsection k. of this section, a disqualifying criminal conviction shall be evidenced by a criminal history record background check which reveals a conviction within the preceding 10 years of any of the following:
(1) any crime in violation of N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:11-5 or N.J.S.2C:11-6;
(2) any crime in violation of N.J.S.2C:12-1, N.J.S.2C:12-2 or N.J.S.2C:12-3;
(3) any kidnaping in violation of N.J.S.2C:13-1, criminal restraint in violation of N.J.S.2C:13-2, interference with custody in violation of N.J.S.2C:13-4, criminal coercion in violation of N.J.S.2C:13-5 or luring or enticing a child in violation of section 1 of P.L.1993, c.291 (C.2C:13-6);
(4) any aggravated sexual assault or sexual assault in violation of N.J.S.2C:14-2, or aggravated criminal sexual contact or criminal sexual contact in violation of N.J.S.2C:14-3;
(5) any robbery in violation of N.J.S.2C:15-1 or carjacking in violation of section 1 of P.L.1993, c.221 (C.2C:15-2);
(6) any crime of bias intimidation in violation of N.J.S.2C:16-1;
(7) any arson or related offense in violation of N.J.S.2C:17-1, causing or risking widespread injury or damage in violation of N.J.S.2C:17-2, any crime of criminal mischief in violation of N.J.S.2C:17-3a, any crime of alteration of motor vehicle trademarks or identification numbers in violation of section 1 of P.L.1983, c.351 (C.2C:17-6), or any violation of P.L.1983, c.480 (C.2C:17-7 et seq.);
(8) any burglary in violation of N.J.S.2C:18-2 or any crime of criminal trespass in violation of N.J.S.2C:18-3;
(9) any crime of theft in violation of chapter 20 of Title 2C of the New Jersey Statutes;
(10) any crime of forgery and fraudulent practices in violation of chapter 21 of Title 2C of the New Jersey Statutes;
(11) any crime of bribery and corrupt influence in violation of chapter 27 of Title 2C of the New Jersey Statues;
(12) any crime in violation of N.J.S.2C:28-1, N.J.S.2C:28-2, N.J.S.2C:28-3a, N.J.S.2C:28-4a, N.J.S.2C:28-5, N.J.S.2C:28-6, N.J.S.2C:28-7 or N.J.S.2C:28-8b;
(13) any crime in violation of N.J.S.2C:29-1 or N.J.S.2C:29-8;
(14) any crime in violation of N.J.S.2C:33-1a, N.J.S.2C:33-3, N.J.S.2C:33-14 or section 1 of P.L.1991, c.335 (C.2C:33-14.1);
(15) any crime in violation of chapter 35 of Title 2C of the New Jersey Statutes;
(16) any crime in violation of chapter 36 of Title 2C of the New Jersey Statutes;
(17) any crime in violation of N.J.S.2C:39-3, N.J.S.2C:39-4, section 1 of P.L.1998, c.26 (C.2C:39-4.1), N.J.S.2C:39-5, section 1 of P.L.1983, c.229 (C.2C:39-14) or section 1 of P.L.1995, c.405 (C.2C:39-16);
(18) racketeering in violation of P.L.1981, c.167 (C.2C:41-1.1 et al.);
(19) any crime in violation of sections 2 through 5 of the "September 11th, 2001 Anti-Terrorism Act," P.L.2002, c.26 (C.2C:38-2 through 2C:38-5);
(20) any of the following federal offenses: registration violations involving aircraft not providing air transportation as defined in 49 U.S.C.s.46306; interference with air navigation as defined in 49 U.S.C.s.46308; transporting hazardous material as defined in 49 U.S.C.s.46312; aircraft piracy as defined in 49 U.S.C.s.46502; interference with flight crew members and attendants as defined in 49 U.S.C.s.46504; application of certain criminal laws to acts on aircraft as defined in 49 U.S.C.s.46506; carrying a weapon or explosive on an aircraft as defined in 49 U.S.C.s.46505; false information and threats as defined in 49 U.S.C.s.46507; lighting violations involving transporting controlled substances by aircraft not providing air transportation as defined in 49 U.S.C.s.46315; entering aircraft or airport area in violation of security requirements as defined in 49 U.S.C.s.46314; destruction of aircraft or aircraft facilities as defined in 18 U.S.C.s.32; espionage as defined in 18 U.S.C.ss.793, 794, 798, or 3077; treason, sedition and subversive activities as defined in 18 U.S.C.ss.2381, 2384 and 2385; a violation of 50 U.S.C.s.783; violence at international airports as defined in 18 U.S.C.s.37; or conspiracy or solicitation as defined in 18 U.S.C.ss. 371 and 373; or
(21) an attempt or conspiracy to commit any of the offenses specified in paragraphs (1) through (20) of this subsection.
g. Upon receipt of the criminal history record background information from the Division of State Police and Federal Bureau of Investigation, Criminal Justice Information Service for a prospective or current employee, the airport operator shall notify the prospective or current employee, in writing, of the prospective or current employee's qualification or disqualification for employment. If the prospective or current employee is disqualified, the convictions that constitute the basis for the disqualification shall be identified in the written notice to the prospective or current employee. Unless otherwise specified by law or regulation, the prospective or current employee shall have 14 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record background information. If no challenge is filed or if the determination of the accuracy of the criminal history record background information upholds the disqualification, the airport operator shall notify the employer that the prospective or current employee has been disqualified from employment. When the airport operator determines that employment in a position to which the provisions of this section apply should be terminated pursuant to this section, the current employee shall be afforded notice in writing and the right to be heard and offer proof in opposition to such determination in accordance with the rules and regulations promulgated pursuant to subsection c. of this section.
h. The Division of State Police shall promptly notify the airport operator in the event a prospective or current employee, who was the subject of a criminal history record background check conducted pursuant to subsection d. of this section, is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of such notification, the airport operator shall make a determination regarding the eligibility for employment of the prospective or current employee.
i. Every employee shall have a continuing obligation to promptly notify the employee's employer and the airport operator of any conviction of a crime punishable by more than one year in prison. The failure to so notify the employer and airport operator shall be grounds for immediate termination of employment.
j. This section shall apply to all prospective employees on the effective date thereof. Airport operators shall require the criminal history record background checks to be initiated on all current employees within 90 days of the effective date of this section.
k. Notwithstanding the provisions of subsection f. of this section, no applicant shall be denied employment on the basis of a conviction of any of the offenses enumerated in this act as disqualification criteria or the commission of any act or acts provided that the applicant has affirmatively demonstrated his rehabilitation. In determining whether the prospective employee has affirmatively demonstrated his rehabilitation the airport operator shall consider the following factors:
(1) The nature and duties of the position applied for;
(2) The nature and seriousness of the offense or conduct;
(3) The circumstances under which the offense or conduct occurred;
(4) The date of the offense or conduct;
(5) The age of the applicant when the offense or conduct was committed;
(6) Whether the offense or conduct was an isolated or repeated incident;
(7) Any social conditions which may have contributed to the offense or conduct;
(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.
(cf: P.L.2002, c.73, s.2)
4. (New section) As used in this act:
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Restricted use license" means a license to operate a motor vehicle exclusively for employment-related purposes in compliance with the terms of this act.
5. (New section) a. The Chief Administrator shall issue a restricted use license to a person whose driver's license has been suspended, but such suspension is not pursuant to a court order, if the person applies for such a license and provides certification required pursuant to subsection c. of this section.
b. Prior to suspending the driver's license of any person, or upon an application to the court for a restricted use license, the court shall determine whether that person is eligible to apply for a restricted use license pursuant to the provisions of this act. If the person is determined to be eligible, the court shall explain the conditions under which such a license may be attained. A person who requires a restricted use license for employment or education related purposes may so inform the court, which shall then issue the person an application for the license. The person shall return the completed application to the court.
c. A person who applies for a restricted use license pursuant to subsections a. or b. of this section shall submit at least one of the following:
(1) certification that he is employed or enrolled in an educational institution and the hours during which he is employed or attending classes;
(2) certification of the hours during which and the locations between which it is necessary for him personally to operate a motor vehicle; and
(3) certification from an employer offering him employment if he is able to obtain a restricted use driver's license.
d. Upon receiving the completed application, the court, or the chief administrator as appropriate, shall determine whether the person should be issued a restricted use license. Upon approving an application for a restricted use license, the court shall immediately issue to the applicant a temporary restricted use license and a temporary restricted use placard. Both shall be valid for 30 days unless rescinded by the chief administrator or replaced by an approved restricted use license and placard. The court shall forward the application for a restricted use license to the chief administrator.
6. (New section) a. Upon approval by the court, or by the chief administrator as appropriate, the chief administrator shall issue an approved restricted use license to a person who has made application pursuant to section 5 of this act. The restricted use license shall be in a form prescribed by the chief administrator and shall be issued as promptly as is practicable in accordance with procedures established by the chief administrator. The license shall be of a color selected by the chief administrator which readily distinguishes it from other driver's licenses issued by this State.
b. A restricted use license issued under this act shall authorize the licensee to operate a motor vehicle during certain hours and between certain points solely for the purpose of:
(1) traveling to and from his place of employment or education, pursuing his employment or education;
(2) traveling to and from medical appointments on behalf of the license holder or an immediate family member; or
(3) transporting his child to and from a school or a child care facility while in the course of traveling to and from his place of employment or education or while pursuing employment or education.
The limitations on the authorized use of the license shall be determined by the chief administrator, and those limitations, as well as the penalties provided for in section 8 of this act, shall be indicated on the license.
c. A restricted use license shall expire at the time of the expiration of the suspension or revocation period of the licensee's driver's license or on the last day of the twelfth month following the calendar month in which the restricted use license was issued, whichever is earlier.
d. A person issued a restricted use license under the provisions of this act may simultaneously hold, or be issued, a non-driver identification card issued pursuant to "The Identification Cards for Nondrivers' Act, " P.L.1980, c.47 (C.39:3-29.2 et seq.).
e. A restricted use license may be issued to persons whose drivers licenses are suspended or revoked prior to or following the effective date of this act.
7. (New section) A person whose driver's license has been forfeited under any of the following circumstances shall be ineligible to apply for a restricted use driver's license:
a. The person forfeited his license pursuant to section 4 of P.L.l982, c.43 (C.39:5-30.8) or section 2 of P.L.1972, c.l97 (C.39:6B-2);
b. Death or serious bodily injury resulted during the commission of the offense for which the person's license has been forfeited;
c. The offense for which the person forfeited his license involved driving at a speed more than 15 miles in excess of the legal limit pursuant to R.S.39:4-98, a violation of R.S.39:4-96, or a violation of section 1 of P.L.1942, c.192 (C.39:4-128.1); or
d. The person has been convicted of a violation of R.S.39:3-40.
8. (New section) The following penalties shall apply with regard to the issuance and use of restricted use licenses:
a. An applicant who deliberately falsifies an application for a restricted use license shall have the suspension or revocation of his driver's license extended for a period of one year.
b. A restricted use licensee who operates a motor vehicle between points or during hours other than those indicated on the restricted use license shall be fined not less than $500 or more than $1,000, and shall be ordered by the court to perform community service for a period of 30 days, and may be sentenced to a term of imprisonment for not more than 90 days. The chief administrator shall immediately rescind the licensee's restricted use license and shall extend the suspension or revocation of his driver's license for a period of two years.
c. If, while operating a motor vehicle during unauthorized hours or between unauthorized points, a licensee is convicted of causing an accident resulting in personal injury or death to another person, he shall be fined not less than $1,000 or more that $5,000, shall be ordered by the court to perform community service for a period of 30 days, and shall be sentenced to imprisonment for a term of not less than 10 days or more than 120 days. The chief administrator shall immediately rescind the licensee's restricted use license and shall extend the suspension or revocation of his basic driver's license for a period of five years.
d. If a restricted use licensee commits a moving violation under Title 39 of the Revised Statutes while traveling between points and during hours indicated on his restricted use license, the chief administrator shall immediately rescind the person's restricted use license and reinstate the full term of the original suspension or revocation of his driver's license.
e. If a restricted use licensee violates the provisions of R.S.39:4- 50, or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the licensee shall be fined not less than $1,000 or more than $5,000 and shall be imprisoned for a term of 180 days. The chief administrator shall immediately rescind the person's restricted use license and extend the suspension or revocation of his driver's license for a period of 10 years.
f. The penalties in this section shall be applied in addition to any other penalties required by law for a violation of the motor vehicle laws.
9. Section 2 of P.L.1993, c.296 (39:5-30.13) is amended to read as follows:
2. The [Director] Chief Administrator of the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission shall suspend, revoke, or postpone the driving privilege in this State for a period of not less than six months or more than two years of every person convicted of or adjudicated delinquent for a drug offense in any federal court or in the court of any other state, or the District of Columbia, unless the chief administrator finds compelling circumstances warranting an exception. When a person whose license is subject to suspension, revocation, or postponement under this act is less than 17 years of age, the period of suspension, revocation or postponement imposed by the director shall commence immediately and shall run for a period of not less than six months or more than two years after the date the person reaches the age of 17. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of Title 2C or Title 39 of the Revised Statutes at the time of the imposition of suspension, revocation, or postponement under this act, the revocation, suspension, or postponement imposed herein shall commence as of the date of termination of the existing suspension, revocation, or postponement.
For the purposes of this section, "compelling circumstances warranting an exception" exist if the forfeiture of the person's right to operate a motor vehicle on the highways of this State will result in extreme hardship and alternative means of transportation are not available.
(cf: P.L.1993, c.296, s.2)
10. R.S.39:3-40 is amended to read as follows:
39:3-40. No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition, except as provided for by P.L. , c. (C. ) (pending before the Legislature as this bill).
No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.
Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:
a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;
e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;
f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.
(2) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.
(3) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.
It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;
g. In addition to the other applicable penalties provided under this section, a person violating this section whose license has been suspended pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder, shall be fined $3,000. The court shall waive the fine upon proof that the person has paid the total surcharge imposed pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder. Notwithstanding the provisions of R.S.39:5-41, the fine imposed pursuant to this subsection shall be collected by the Motor Vehicle Commission pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and distributed as provided in that section, and the court shall file a copy of the judgment of conviction with the chief administrator and with the Clerk of the Superior Court who shall enter the following information upon the record of docketed judgments: the name of the person as judgment debtor; the commission as judgment creditor; the amount of the fine; and the date of the order. These entries shall have the same force and effect as any civil judgment docketed in the Superior Court;
h. A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:
(1) Knows that the operator's license to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or
(2) Knows that the operator's license to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked;
i. If the violator's driver's license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation that were the subject of the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order;
j. If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.
For the purposes of this subsection, a "motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
(cf: P.L.2007, c.187, s.1)
11. (New section) a. No State, county or municipal department, office or agency shall require a person to disclose, in an application for employment with that office or agency, whether the person has been convicted of a crime in this State or any substantially similar offense under the laws of another state or the United States.
b. Nothing herein shall be construed to exempt a person from undergoing a criminal history record background check otherwise required by law as a condition of employment.
12. (New section) a. The provisions of this section shall apply to any application by any person for a license or employment with any public or private employer, who has previously been convicted of one or more criminal offenses in this State or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this State or in any other jurisdiction preceded this employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon.
b. Nothing in this section shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee.
c. An application for any licensure or employment to which the provisions of this section are applicable shall not be denied by reason of the applicant's having previously been convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when such finding is based solely upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or
(2) the issuance of the license or the granting of employment would involve an unreasonable risk to property or to the safety or welfare of specific persons or the general public.
d. In making a determination pursuant to subsection c. of this section, the public agency or private employer shall consider the following factors:
(1) the public policy of this State, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;
(2) the specific duties and responsibilities necessarily related to the license or employment sought;
(3) the bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities;
(4) the time which has elapsed since the occurrence of the criminal offense or offenses;
(5) the age of the person at the time of occurrence of the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct; and
(8) the legitimate interest of the public agency or private employer in protecting property and the safety and welfare of specific individuals or general public.
e. In making a determination pursuant to subsection c., the public agency or private employer shall also give consideration to a certificate of rehabilitation issued to the applicant pursuant to P.L.2007, c.327 (C.2A:168A-7 et seq.), which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.
f. No public or private employer shall inquire from an applicant whether the applicant has ever been arrested, charged with a crime, convicted of a sealed noncriminal offense, or adjudicated as a juvenile delinquent.
g. No public or private employer shall consider when making an employment decision, an employment applicant's arrests, if those arrests did not lead to a conviction.
h. Any public or private employer who performs a background check on a job applicant shall inform the applicant, prior to performance of the background check of the following in writing: (1) that a background check may be requested in connection with the application for employment, (2) that the applicant, upon request, will be informed within 30 days if the report was requested, along with the name and address of the reporting agency, and (3) that the applicant may review the report.
i. Any public or private employer who performs a background check on an applicant for employment shall inform the applicant within 30 days of making the request for a background check.
j. Any public or private employer who performs a background check on an employment applicant shall provide the applicant with a copy of this act.
k. Each public or private employer in this State shall post a copy of this act in a place accessible to employees and job applicants in a visually conspicuous manner.
l. Each public or private employer shall provide a job applicant who the employer has refused or denied a license or employment with a written statement setting forth the reasons for such a denial within thirty days of a request from an employment applicant for such a statement.
m. The provisions of this section in relation to actions by public agencies shall be enforceable under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
n. The provisions of this section in relation to actions by private employers shall be enforced by the Commission on Civil Rights created by P.L.1945, c.169 (C.10:5-1 et seq.).
o. There shall be a rebuttable presumption in favor of excluding prior convictions from evidence in a negligent hiring or retention suit if, after learning about an applicant's or employee's past criminal conviction history, the employer evaluated the factors set forth in this section and made a reasonable, good faith determination that such factors militate in favor of hiring or retaining the applicant or employee.
13. This act shall take effect on the first day of the third month after enactment.
STATEMENT
This bill would address various concerns which are associated with difficulties in obtaining and maintaining employment following an individual's release from prison.
Under the bill, a person whose driver's license had been suspended for certain motor vehicle violations would be allowed to apply for a restricted use license. The license would be used exclusively for driving to and from the licensee's place of employment or education, traveling to and from medical appointments, or driving the licensee's child to and from school or a child care facility while in the course of driving to and from the licensee's place of employment or education. The bill would place restrictions on such licenses and require certain identifying characteristics on the licenses and any vehicle operated by a person with such a license. This provision is intended to mitigate the adverse effects that a suspension of driving privileges has certain persons who need to drive motor vehicles to maintain their employment or continue their education.
The bill also gives discretion to the Chief Administrator of the Motor Vehicle Commission in deciding whether a person's license should be suspended for an out-of-state drug conviction. Under current law, the chief administrator is required to suspend the license of an adult or juvenile who has been convicted of a drug offense in a federal or other state court for six months to two years. Under the bill, the chief administrator is not required to suspend a person's license if the administrator finds there are "compelling circumstances warranting an exception." Compelling circumstances warrant an exception if the driver's license suspension will result in extreme hardship and alternative means of transportation are not available. This provision mirrors current State law that gives judges in this State discretion to decide whether to suspend a person's license who has been convicted of a drug offense in this State if compelling circumstances exist.
This bill would also grant employers who operate a limousine service or hold a liquor license the discretion to hire a person with a criminal record. Specifically, the bill would remove statutory prohibitions against people, who have previously been convicted of certain crimes, from working as a limousine driver, or in an alcohol serving establishment. In addition, the bill would allow a potential employee to affirmatively demonstrate rehabilitation when seeking employment at an airport. It is the sponsor's intent to maintain public safety by preserving the statutory requirement that these potential employees undergo a criminal history background check, while allowing employers to independently determine whether a prior conviction would have any effect on future job performance.
In addition, this bill would prohibit State, county or municipal employers from requiring a person to disclose criminal convictions on an application for employment. The bill would prohibit the employer from inquiring about convictions for crimes under New Jersey law or substantially similar offenses under federal law or the laws of other states. Under the bill, a person would not be exempted from undergoing a criminal history record background check required by law.
Finally, this bill would prohibit all public and private employers from discriminating against ex-convicts and provide for the Commission on Civil Rights to enforce the provisions of this bill. Public and private employers would be prohibited from denying a person a license or employment because the person has previously been convicted of a criminal offense or because the person has been determined to lack "good moral character" based on a previous conviction. The bill applies to current, as well as prospective employees.
Employers would not be subject to this prohibition if: (1) there is a direct relationship between a previous criminal offense and the specific license or employment sought; or (2) issuing the license or hiring the person would involve an unreasonable risk to property or to the safety or welfare of specific persons or the general public. Employers must consider the following factors to determine if either of these exceptions apply: (1) that this State's policy is to encourage licensing and employing persons previously convicted of one or more criminal offenses; (2) the specific duties and responsibilities related to the license or employment sought; (3) the bearing, if any, the criminal offense will have on the person's fitness or ability to perform the required duties or responsibilities; (4) how much time has elapsed since the offense was committed; (5) the person's age when the offense was committed; (6) the seriousness of the offense; (7) information provided by the person showing rehabilitation and good conduct; and (8) the legitimate interest of the public agency or private employer in protecting property and the safety and welfare of specific individuals or general public.
Under the bill, the issuance of a certificate of rehabilitation to a person creates a presumption of rehabilitation in regard to the offenses to which the certificate applies. An employer must consider the certificate in determining whether either of the exceptions apply.
The rights of employers with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee are not affected by the provisions of the bill.
