Bill Text: NJ A401 | 2016-2017 | Regular Session | Introduced
Bill Title: Exempts certain qualified applicants for commercial driver's licenses from fingerprinting and criminal history record background check.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A401 Detail]
Download: New_Jersey-2016-A401-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
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
Introduced Pending Technical Review by Legislative Counsel.
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, or both, at the initial application and upon renewal, in order to determine eligibility for those endorsements ; 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 days . 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, 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 background check shall be performed without the applicant's written consent. The applicant shall bear the cost for the criminal history background record check, including all costs for administering and processing the background 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]
is determined to be
accurate , the applicant's disqualification for a commercial driver's
license, with a hazardous material endorsement, a tank vehicle endorsement ,
or both [will] shall
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)
2. This act shall take effect immediately.
STATEMENT
This bill provides that an applicant for a commercial driver's license, or a renewal commercial driver's license, does not have to undergo fingerprinting for a criminal history record background check if the applicant submitted fingerprints within the past 365 days and successfully passed the background check.
