Bill Text: NY S00883 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the disqualification of certain persons from acting as school bus monitors and drivers upon the conviction for certain offenses.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO EDUCATION [S00883 Detail]

Download: New_York-2013-S00883-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          883
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN ACT to amend the education law and the vehicle and  traffic  law,  in
         relation  to  disqualification of persons employed as school bus moni-
         tors and bus drivers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 3635-d
    2  to read as follows:
    3    S  3635-D. DISQUALIFICATION OF SCHOOL BUS MONITORS. 1.  A PERSON SHALL
    4  BE DISQUALIFIED FROM ACTING AS A SCHOOL BUS MONITOR AS FOLLOWS:
    5    (A) PERMANENTLY, IF THAT PERSON HAS BEEN CONVICTED OF AN OFFENSE LIST-
    6  ED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED  NINE-CC
    7  OF  THE  VEHICLE  AND TRAFFIC LAW. HOWEVER, SUCH DISQUALIFICATION MAY BE
    8  WAIVED BY THE COMMISSIONER PROVIDED THAT FIVE YEARS HAVE  EXPIRED  SINCE
    9  THE APPLICANT WAS DISCHARGED OR RELEASED FROM A SENTENCE OF IMPRISONMENT
   10  IMPOSED PURSUANT TO CONVICTION OF AN OFFENSE THAT REQUIRES DISQUALIFICA-
   11  TION UNDER THIS PARAGRAPH AND THAT THE APPLICANT SHALL HAVE BEEN GRANTED
   12  A  CERTIFICATE  OF  RELIEF  FROM  DISABILITIES  OR A CERTIFICATE OF GOOD
   13  CONDUCT PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW. WHEN THE
   14  CERTIFICATE IS ISSUED BY A COURT FOR A CONVICTION WHICH OCCURRED IN THIS
   15  STATE, IT SHALL ONLY BE ISSUED BY THE  COURT  HAVING  JURISDICTION  OVER
   16  SUCH  CONVICTION.  SUCH CERTIFICATE SHALL SPECIFICALLY INDICATE THAT THE
   17  AUTHORITY GRANTING SUCH CERTIFICATE HAS CONSIDERED THE BEARING, IF  ANY,
   18  THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH THE PERSON WAS CONVICTED WILL
   19  HAVE  ON  THE  APPLICANT'S  FITNESS  TO MONITOR AND ENSURE THE SAFETY OF
   20  CHILDREN RIDING ON A SCHOOL BUS, PRIOR TO GRANTING SUCH A CERTIFICATE;
   21    (B) PERMANENTLY, IF THAT PERSON HAS BEEN CONVICTED OF AN OFFENSE LIST-
   22  ED IN PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED  NINE-CC
   23  OF THE VEHICLE AND TRAFFIC LAW.  HOWEVER, SUCH DISQUALIFICATION SHALL BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03214-01-3
       S. 883                              2
    1  WAIVED  PROVIDED  THAT  FIVE  YEARS HAVE EXPIRED SINCE THE APPLICANT WAS
    2  INCARCERATED  PURSUANT  TO  A  SENTENCE  OF  IMPRISONMENT   IMPOSED   ON
    3  CONVICTION OF AN OFFENSE THAT REQUIRES DISQUALIFICATION UNDER THIS PARA-
    4  GRAPH  AND  THAT  THE APPLICANT SHALL HAVE BEEN GRANTED A CERTIFICATE OF
    5  RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD  CONDUCT  PURSUANT  TO
    6  ARTICLE  TWENTY-THREE  OF  THE CORRECTION LAW.   WHEN THE CERTIFICATE IS
    7  ISSUED BY A COURT FOR A CONVICTION WHICH  OCCURRED  IN  THIS  STATE,  IT
    8  SHALL  ONLY  BE  ISSUED  BY  THE  COURT  HAVING  JURISDICTION  OVER SUCH
    9  CONVICTION.  SUCH  CERTIFICATE  SHALL  SPECIFICALLY  INDICATE  THAT  THE
   10  AUTHORITY  GRANTING SUCH CERTIFICATE HAS CONSIDERED THE BEARING, IF ANY,
   11  THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH THE PERSON WAS CONVICTED WILL
   12  HAVE ON THE APPLICANT'S FITNESS TO MONITOR  AND  ENSURE  THE  SAFETY  OF
   13  CHILDREN  RIDING  ON A SCHOOL BUS, PRIOR TO GRANTING SUCH A CERTIFICATE.
   14  PROVIDED, HOWEVER, THAT  AT  THE  DISCRETION  OF  THE  COMMISSIONER  THE
   15  CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT
   16  PURSUANT  TO  ARTICLE  TWENTY-THREE  OF  THE  CORRECTION  LAW MAY REMOVE
   17  DISQUALIFICATION AT ANY TIME;
   18    (C) FOR A PERIOD OF FIVE YEARS FROM THE DATE OF LAST CONVICTION SPECI-
   19  FIED HEREIN, IF THAT PERSON HAS BEEN CONVICTED WITHIN THE PRECEDING FIVE
   20  YEARS OF AN OFFENSE LISTED IN  PARAGRAPH  (C)  OF  SUBDIVISION  FOUR  OF
   21  SECTION  FIVE  HUNDRED  NINE-CC  OF  THE VEHICLE AND TRAFFIC LAW.   SUCH
   22  DISQUALIFICATION SHALL BE WAIVED PROVIDED THAT THE  APPLICANT  HAS  BEEN
   23  GRANTED  A  CERTIFICATE  OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF
   24  GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE  OF  THE  CORRECTION  LAW.
   25  WHEN  THE  CERTIFICATE  IS  ISSUED  BY  A  COURT  FOR A CONVICTION WHICH
   26  OCCURRED IN THIS STATE, IT SHALL ONLY BE  ISSUED  BY  THE  COURT  HAVING
   27  JURISDICTION  OVER  SUCH CONVICTION. SUCH CERTIFICATE SHALL SPECIFICALLY
   28  INDICATE THAT THE AUTHORITY GRANTING SUCH CERTIFICATE HAS CONSIDERED THE
   29  BEARING, IF ANY, THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH  THE  PERSON
   30  WAS CONVICTED WILL HAVE ON THE APPLICANT'S FITNESS TO MONITOR AND ENSURE
   31  THE  SAFETY OF CHILDREN RIDING ON A SCHOOL BUS, PRIOR TO GRANTING SUCH A
   32  CERTIFICATE; AND
   33    (D) FOR A PERIOD OF FIVE YEARS FROM THE DATE OF LAST CONVICTION SPECI-
   34  FIED HEREIN, IF THAT PERSON HAS BEEN CONVICTED WITHIN THE PRECEDING FIVE
   35  YEARS OF A VIOLATION OF SECTION  120.04,  120.04-A,  125.13,  125.14  OR
   36  235.07 OF THE PENAL LAW.
   37    FOR  THE  PURPOSES  OF  THIS SUBDIVISION A SCHOOL BUS MONITOR SHALL BE
   38  DEFINED AS ANY ADULT EMPLOYED BY A SCHOOL DISTRICT OR A  PRIVATE  ENTITY
   39  TO  RIDE  ON  A SCHOOL BUS FOR THE PURPOSE OF ENSURING THE SAFETY OF ITS
   40  PASSENGERS OR FOR MONITORING THE CONDUCT OF THE BUS PASSENGERS.
   41    2. AS A PART OF SUCH DETERMINATION CONCERNING WHETHER AN INDIVIDUAL IS
   42  DISQUALIFIED FROM ACTING AS  A  SCHOOL  BUS  MONITOR  PURSUANT  TO  THIS
   43  SECTION,  THE  DEPARTMENT  SHALL  SUBMIT A PROSPECTIVE MONITOR'S FINGER-
   44  PRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A STATE CRIMINAL
   45  HISTORY RECORD CHECK, AS DEFINED IN SUBDIVISION  ONE  OF  SECTION  THREE
   46  THOUSAND  THIRTY-FIVE  OF THIS CHAPTER, AND MAY SUBMIT SUCH FINGERPRINTS
   47  TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL  CRIMINAL  HISTORY
   48  RECORD CHECK.
   49    S 2. Subdivision 1 of section 509-cc of the vehicle and traffic law is
   50  amended by adding a new paragraph (h) to read as follows:
   51    (H)  FOR  A  PERIOD OF FIVE YEARS FROM THE DATE OF LAST CONVICTION FOR
   52  VIOLATING PARAGRAPH (B) OF SUBDIVISION TWO-A OF SECTION  ELEVEN  HUNDRED
   53  NINETY-TWO OF THIS CHAPTER.
   54    S 3. Subdivision 2 of section 509-cc of the vehicle and traffic law is
   55  amended by adding a new paragraph (i) to read as follows:
       S. 883                              3
    1    (I)  FOR  A  PERIOD OF FIVE YEARS FROM THE DATE OF LAST CONVICTION FOR
    2  VIOLATING PARAGRAPH (B) OF SUBDIVISION TWO-A OF SECTION  ELEVEN  HUNDRED
    3  NINETY-TWO OF THIS CHAPTER.
    4    S 4. This act shall take effect on the one hundred eightieth day after
    5  it  shall  have  become  a  law;  provided that any rules or regulations
    6  necessary for the timely implementation of the provisions  of  this  act
    7  are authorized to be made on or before such effective date.