Bill Text: NJ A2425 | 2020-2021 | Regular Session | Introduced
Bill Title: Exempts commercial driver license holders and applicants from certain requirements if fingerprinting and background check has been conducted within previous year by certain federal agencies.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2020-02-03 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A2425 Detail]
Download: New_Jersey-2020-A2425-Introduced.html
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Exempts commercial driver license holders and applicants from certain requirements if fingerprinting and background check has been conducted within previous year by certain federal agencies.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning fingerprinting and criminal history record background checks of applicants for certain commercial driver's license endorsements and amending R.S.39:3-10.1 and P.L.2003, c.13.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:3-10.1 is amended to read as follows:
R.S.39:3-10.1 No person shall drive any motor vehicle or trackless trolley with a capacity of more than six passengers used for the transportation of passengers for hire or for the transportation of passengers to or from summer day camps or summer residence camps or any bus as defined by the chief administrator used for the transportation of passengers, or any bus used to transport children to and from school pursuant to N.J.S.18A:39-1 et seq. or when being used by a private school to transport children to and from school, unless specially licensed so to do by the chief administrator or in the case of a nonresident, licensed pursuant to the laws of the nonresident's state of residence with respect to the licensing of bus drivers, except that this provision shall not apply to the operators of vehicles used in ride-sharing arrangements, taxicabs, motor vehicles with a capacity of more than six passengers, which are owned and operated directly by businesses engaged in the practice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services and which shall not be used in that capacity at any time to pick up or discharge passengers to any airline terminal, train station, or other transportation center, or for any purpose not directly related to the provision of funeral services.
Such license shall not be granted by the chief administrator until the applicant therefor is at least [18] 21 years of age and has passed a satisfactory examination in ascertainment of the applicant's driving ability and familiarity with the mechanism of said vehicle and has presented evidence, satisfactory to the chief administrator of the applicant's previous experience (including proof that the applicant has had at least three years of driving experience), good character, and physical fitness in the form of a medical examination and accompanying medical certificate completed by a medical examiner listed on the National Registry of Certified Medical Examiners maintained by the Federal Motor Carrier Safety Administration. The accompanying medical certificate shall contain the medical examiner's National Registry of Certified Medical Examiners number. [Said] The license shall be effective until suspended or revoked by the chief administrator; provided, the special licensee is also the holder of a license as provided for in R.S.39:3-10.
The chief administrator shall require the fingerprinting of all applicants for a special license issued pursuant to this section at the initial application and upon renewal for any applicant who has not previously submitted to fingerprinting, in order to determine eligibility for the special license. Provided, however, that an applicant who submits: documentation, as determined by the chief administrator, showing that the applicant has submitted to a criminal history record background check that includes the use of fingerprints with the Federal Bureau of Investigation or the Transportation Security Administration within the United States Department of Homeland Security within the 12 months prior to the date of the initial application or renewal; and the results of the fingerprinting and criminal history record background check, shall not be required to submit to fingerprinting or a criminal history record background check at the time of the respective application or renewal. The commission is hereby authorized to exchange fingerprint data with, and receive criminal history record information from, the Federal Bureau of Investigation, the Division of State Police, and the Transportation Security Administration within the United States Department of Homeland Security, for use in determining eligibility.
Every holder of a special license issued pursuant to this section shall furnish to the chief administrator satisfactory evidence of continuing physical fitness in the form of a medical examination and accompanying medical certificate completed by a medical examiner listed on the National Registry of Certified Medical Examiners maintained by the Federal Motor Carrier Safety Administration, good character, and experience at the time of application renewal or such other time as the chief administrator may require, and in such form as the chief administrator may require. In addition to the medical examination required of every holder of a special license issued pursuant to this section, every holder of a special license issued pursuant to this section for the transporting of children to and from schools, pursuant to N.J.S.18A:39-1 et seq.:
a. who is 70 years of age or older shall annually furnish to the holder's employer for review by the commission at the commission's biannual inspection satisfactory evidence of continuing physical fitness in the form of a medical examination completed by a licensed medical doctor or licensed osteopathic physician; and
b. who is 75 years of age or older shall every six months furnish to the holder's employer for review by the commission at the commission's biannual inspection satisfactory evidence of continuing physical fitness in the form of a medical examination completed by a licensed medical doctor or osteopathic physician. In addition, any person applying for a special license and any person who is the holder of a special license pursuant to this section for the transporting of children to and from schools, pursuant to N.J.S.18A:39-1 et seq., shall comply with the provisions of section 2 of P.L.1975, c.284 (C.39:3-10.1a) and section 6 of P.L.1989, c.104 (C.18A:39-19.1).
The chief administrator may suspend or revoke a license granted under authority of this section for a violation of any of the provisions of this subtitle, or on other reasonable grounds, or where, in the chief administrator's opinion, the licensee is either physically or morally unfit to retain the same. Notwithstanding the provisions of any law to the contrary, the chief administrator shall, upon notice of disqualification from the Commissioner of Education pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1), immediately revoke the special license granted under authority of this section without the necessity of a further hearing.
The chief administrator may make such rules and regulations as the chief administrator may deem necessary to carry out the provisions of this section.
(cf: P.L.2018, c.151, s.1)
2. Section 34 of P.L.2003, c.13 (C.39:3-10.17a) is amended to read 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, or both, at the initial application and upon renewal for any applicant who has not previously submitted to fingerprinting, in order to determine eligibility for those endorsements. Provided, however, that an applicant who submits: documentation, as determined by the chief administrator, showing that the applicant has submitted to fingerprinting and a criminal history record background check with the Federal Bureau of Investigation or the Transportation Security Administration within the United States Department of Homeland Security within the 12 months prior to the date of the initial application or renewal; and the results of the fingerprinting and criminal history record background check, shall not be required to submit to fingerprinting or a criminal history record background check at the time of the respective application or renewal. The commission is hereby authorized to exchange fingerprint data with, and receive criminal history record information from the Federal Bureau of Investigation [and], the Division of State Police, [consistent with the provisions of Pub.L.92-544] and the Transportation Security Administration within the United States Department of Homeland Security, for use in determining eligibility. The commission shall require any person who, prior to the date of enactment of [this act] P.L.2003, c.13 (C.39:2A-1 et al.), has been issued a commercial driver's license with a hazardous material endorsement, a tanker vehicle endorsement or both, to undergo a criminal history record background check as a condition to continue to hold, use and renew such an endorsement. No criminal history record check shall be performed without the applicant's written consent. The applicant shall bear the cost for the criminal history record check, including all costs for administering and processing the 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 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 determination of the accuracy of the criminal history record information upholds the disqualification, the applicant's disqualification for a commercial driver's license, with a hazardous material endorsement, a tank vehicle endorsement or both will 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.
(cf: P.L.2003, c.13, s.34)
3. a. (New section) For a period of five years following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Chief Administrator of the New Jersey Motor Vehicle Commission shall provide written notice to a commercial driver's license holder, at least 60 days prior to the date the holder is eligible to renew the holder's commercial driver's license, informing the holder of the exemption from submitting to fingerprinting and a criminal history record background check at the time of renewal if the holder submits documentation to the chief administrator that the holder has submitted to fingerprinting and a criminal history record background check with the Federal Bureau of Investigation or the Transportation Security Administration within the United States Department of Homeland Security within the 12 months prior to the date the holder is eligible to renew the commercial driver's license.
b. The provisions of this section shall expire on the last day of the fifth year following the effective date of P.L. c., (C. ) (pending before the Legislature as this bill).
4. This act shall take
effect immediately.
STATEMENT
This bill provides that an applicant for a passenger endorsement, hazardous material endorsement, or tank vehicle endorsement to a commercial driver's license (applicant), who submits documentation to the New Jersey Motor Vehicle Commission (MVC) showing that the applicant submitted to fingerprinting and a criminal history record check with the Federal Bureau of Investigation (FBI) or Transportation Security Administration (TSA), within the 12 months prior to the date of the initial application or renewal, is exempt from submitting to fingerprinting and a criminal history background check at the time of the initial application or renewal.
Under current law, an applicant is required to provide fingerprints for a criminal history record check at the time of the initial application or renewal.
The bill also requires the MVC, for a period of five years following the enactment of this bill, to provide written notice to an applicant at least 60 days prior to the date the applicant is eligible to renew, to inform the applicant that the applicant is exempt from submitting to fingerprinting and a criminal history record background check at the time of renewal if the applicant provides documentation to MVC showing that the applicant provided fingerprints to and submitted to a criminal history record check with the FBI or TSA within the 12 months prior to the date of the initial application or renewal.
