Bill Text: NJ A2401 | 2014-2015 | Regular Session | Amended

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Bill Title: Exempts certain qualified applicants for commercial driver's licenses from fingerprinting and criminal history record background check.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-06-04 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A2401 Detail]

Download: New_Jersey-2014-A2401-Amended.html

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[First Reprint]

ASSEMBLY, No. 2401

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 6, 2014

 

 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Exempts certain qualified applicants for commercial driver's licenses from fingerprinting and criminal history record background check.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Transportation and Independent Authorities Committee on June 4, 2015, with amendments.

  

An Act concerning commercial driver licenses and amending P.L.2003, c.13.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 34 of P.L.2003, c.13 (C.39:3-10.17a) is amended as follows:

     34.  a.  The commission shall require the fingerprinting of all applicants for commercial driver's licenses with a hazardous material endorsement, a tank vehicle endorsement ¹,¹ or both, at the initial application and upon renewal, in order to determine eligibility for those endorsements ¹; provided, however, that the commission shall not require fingerprinting if the applicant submitted to fingerprinting and was determined to be qualified pursuant to this section within the previous 365 days¹.  The commission is hereby authorized to exchange fingerprint data with, and receive criminal history record information from ¹,¹ the Federal Bureau of Investigation and the Division of State Police, consistent with the provisions of Pub.L.92-544, for use in determining eligibility.  The commission shall require any person who, prior to the date of enactment of ¹[this act] P.L.2003, c.13 (C.39:2A-1 et al.)¹, has been issued a commercial driver's license with a hazardous material endorsement, a tanker vehicle endorsement ¹,¹ or both, to undergo a criminal history record background check as a condition to continue to hold, use ¹,¹ and renew such an endorsement.  No criminal history record ¹background¹ check shall be performed without the applicant's written consent.  The applicant shall bear the cost for the criminal history ¹background¹ record check, including all costs for administering and processing the ¹background¹ check.  Failure or refusal to submit a disclosure and fingerprints will result in an automatic disqualification.

     b.    Upon receipt of the criminal history record information, the commission shall notify the applicant, in writing, of the applicant's qualification or disqualification for a commercial driver's license with a hazardous material endorsement, a tank vehicle endorsement ¹,¹ or both.  If the applicant is disqualified, the basis for the disqualification shall be identified in the written notice to the applicant.

     c.    The applicant shall have 30 days from the postmarked date of the written notice of disqualification to challenge the accuracy of the criminal history record information.  If no challenge is filed or if the ¹[determination of the accuracy of the]¹ criminal history record
information ¹[upholds the disqualification] is determined to be accurate¹, the applicant's disqualification for a commercial driver's license, with a hazardous material endorsement, a tank vehicle endorsement ¹,¹ or both ¹[will] shall¹ stand.

     d.    The commission, in a manner not inconsistent with appropriate federal requirements, shall provide by regulation the grounds upon which an applicant may be disqualified.

     ¹[e. An applicant shall not be required to submit to fingerprinting and a criminal history record background check if the applicant has undergone fingerprinting and a criminal history record background check pursuant to this section within the previous 365 days, was deemed qualified by the commission, and currently holds or was deemed qualified to hold a commercial driver's license.  This subsection shall apply to a renewal of a commercial driver's license if the applicant has undergone fingerprinting and a criminal history record background check pursuant to this section, and was deemed qualified by the commission within the previous 365 days.]¹

(cf: P.L.2003, c.13, s.34)

 

     2.    This act shall take effect immediately.