Bill Text: NJ S1937 | 2010-2011 | Regular Session | Introduced
Bill Title: Exempts certain qualified applicants for hazardous material endorsement from criminal history background checks.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-05-13 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1937 Detail]
Download: New_Jersey-2010-S1937-Introduced.html
Sponsored by:
Senator JOHN A. GIRGENTI
District 35 (Bergen and Passaic)
Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
SYNOPSIS
Exempts certain qualified applicants for hazardous material endorsement from criminal history background checks.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain criminal history background checks 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 to read as follows:
34. a. [The] Except as provided in subsection e. of this section 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. 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, 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.
e. The applicant shall not be required to submit to a criminal history background check if that applicant has been issued a valid transportation worker identification credential issued by the federal Transportation Security Administration pursuant to 46 U.S.C. s. 70105 and is deemed to have met the federal background records check as provided under 6 U.S.C. s. 1206.
(cf: P.L.2003, c.13, s.34)
2. This act shall take effect on the first day of the seventh month following enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory actions in advance of that date as may be necessary for the timely implementation of this act.
STATEMENT
This bill exempts certain people from submitting to a criminal history background check for a commercial driver's license with hazardous material or tank vehicle endorsement, if that person has already undergone a criminal history background check in order to receive a valid transportation worker identification credential (TWIC) issued by the federal Transportation Security Administration.
In order for a commercial driver to be granted clearance to all ports and other secured areas in this State, that driver must have a criminal background check to receive a TWIC, and then undergo an additional background check to be approved for a hazmat or tank endorsement on his or her license. Under current federal law, however, a person who has a valid TWIC is deemed to have met the background records check that is necessary to receive a hazmat endorsement.
This bill is intended to bring State law in conformance with current federal law and to eliminate duplicative criminal history background checks for commercial drivers.
