[First Reprint]

ASSEMBLY, No. 915

 

STATE OF NEW JERSEY

 

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman ROCCO

 

 

An Act concerning the qualifications of school bus drivers, amending various parts of the statutory law and supplementing chapter 39 of Title 18A of the New Jersey Statutes and chapter 3 of Title 39 of the Revised Statutes.

 

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

 

    1. N.J.S.18A:39-17 is amended to read as follows:

    18A:39-17. [In] At the beginning of each school year, and prior to the assignment of any driver or substitute driver to any vehicle operated by the board of education of any district as a school bus, there shall be filed by the secretary of such board with the county superintendent and the Division of Motor Vehicles the name, driver's license number and social security number of each such driver or substitute driver and exclusively with the county superintendent a certification of a valid school bus driver's license and criminal background check.

(cf: P.L.1989, c.104, s.1)

 

    2. N.J.S.18A:39-18 is amended to read as follows:

    18A:39-18. In each school year, prior to the beginning of transportation of school pupils under a contract awarded by a board of education, the contractor shall furnish to the Division of Motor Vehicles and the board of education the name, social security number, and driver's license number of each driver or substitute driver to be assigned to any vehicle in the performance of his contract. Whenever a driver is newly assigned to a board of education, this information shall also be furnished to the division and the board of education. The board of education shall forward this information to the county superintendent [the name, social security number, and] along with a certification of a valid school bus driver's license and criminal background check of each driver or substitute driver to be assigned to any vehicle in the performance of his contract.

(cf: P.L.1989, c.104, s.2)

 

    3. Section 6 of P.L.1989, c.104 (C.18A:39-19.1) is amended to read as follows:

    6. Prior to employment as a school bus driver, and upon application for renewal of a school bus driver's license, a bus driver shall submit to the 1[Commissioner of Education]local board of education1 his or her name, address and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency. No criminal history record check shall be furnished without his or her written consent to such a check. 1The local board shall submit to the Commissioner of Education and the County Superintendent of Schools the name and address of each applicant who has submitted a written consent form. The commissioner shall compile a master list of these names and addresses to be distributed monthly to each county superintendent in the State.

    The local board, or contractor who has been awarded a contract to transport pupils by that local board, shall be responsible for initiating the criminal history record check and ensuring that the record check is completed in a timely manner.1 Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police, the 1[Commissioner of Education] local board or contractor shall forward that information to the Commissioner of Education, who1 shall notify the applicant, in writing, of the applicant's qualification or disqualification as a school bus driver. A school bus driver shall be disqualified from employment or service if the individual's criminal history record reveals a record of conviction of any of the following crimes and offenses:

    a. A crime or offense bearing upon or involving a sexual offense or child molestation or endangering the welfare of children or incompetents, as specified in section 1 of P.L.1986, c.116 (C.18A:6-7.1).

    b. A crime or offense involving the manufacture, transportation, sale, possession, or habitual use of a "controlled dangerous substance" as defined in the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.).

    c. A crime or offense involving the use of force or the threat of force to or upon a person or property including: armed robbery, assault, kidnapping, arson, manslaughter and murder.

    A school bus driver shall also be disqualified if the individual's bus driver's license is currently revoked or suspended by the Division of Motor Vehicles in accordance with R.S.39:3-10.1 or if the driver has been convicted at least two times for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), or once for a violation of either section 5 of P.L.1990, c.103 (C.39:3-10.13) or section 16 of P.L.1990, c.103 (C.39:3-10.24) while transporting schoolchildren. A driver shall also be disqualified if convicted of any of these violations in connection with an accident resulting in serious bodily injury or death to any person.

    The applicant shall have 30 days from the date of the written notice of disqualification to petition the Commissioner of Education for a hearing on the accuracy of the criminal history record information, the accuracy of the record of a conviction related to the operation of a motor vehicle while under the influence of intoxicating liquor, or of a narcotic, hallucinogenic or habit-producing drug, or to establish the applicant's rehabilitation under subsection c. of section 1 of P.L.1986, c.116 (C.18A:6-7.1). If the applicant is disqualified, the convictions which constitute the basis for disqualification shall be identified in the written notice with copies forwarded to the Division of Motor Vehicles. 1[The local board of education, the school bus contractor and the County Superintendent of Schools shall also be notified of the disqualification.]1 Notwithstanding the provisions of any law to the contrary, the Director of the Division of Motor Vehicles shall, upon notice of disqualification from the Commissioner of Education, immediately revoke the applicant's special license issued pursuant to R.S.39:3-10.1 without necessity of a further hearing. 1The commissioner shall also notify the county superintendent of the disqualification. The county superintendent shall notify the local board and contractor of the disqualification.1 Candidates' records shall be maintained in accordance with the provisions of section 4 of P.L.1986, c.116 (C.18A:6-7.4).

(cf: P.L.1989, c.104, s.6)

 

    4. Section 10 of P.L.1990, c.103 (C.39:3-10.18) is amended to read as follows:

    10. a. (1) Through March 31, 1992, and except as provided by the director by rule or regulation, a person who has been issued a commercial driver license shall not operate a commercial motor vehicle unless the person is in possession of the valid commercial driver license and endorsements for the class and type of vehicle being operated. Such a person shall not operate a commercial motor vehicle if the person is restricted from operating a commercial vehicle of that class or type.

    (2) On and after April 1, 1992, and except when operating under a valid commercial driver examination or learner's permit and accompanied by the holder of a commercial driver license valid for the class of vehicle being operated, a person shall not operate a commercial motor vehicle unless the person has been issued and is in possession of a valid commercial driver license and applicable endorsements for the class and type of vehicle being operated. A person shall not operate a commercial motor vehicle if the person is restricted from operating a commercial vehicle of that class or type. A person shall not operate a school bus unless the division has marked a "C" for children on his license.

    (3) A person violating this subsection shall be fined not less than $250 or more than $500, or imprisoned for not more than 60 days, or both. This penalty shall not be applicable in cases where failure to have actual possession of the commercial driver license is due to an administrative or technical error by the division. If a person charged with a failure to have possession of a valid commercial driver license can exhibit the license to the judge of the court before whom he is summoned to answer to a charge and the license was valid on the day the person was charged, the judge may dismiss the charge. However, the judge may impose court costs.

    b. (1) A person who has been refused a commercial driver license, whose commercial motor vehicle driving privilege or any endorsement has been suspended or revoked, who has been prohibited or disqualified from operating a commercial motor vehicle, who is subject to an out of service order, or whose driving privilege is suspended or revoked, shall not operate a commercial motor vehicle during the period of refusal, suspension, revocation, prohibition, or disqualification, or during the period of the out of service order.

    (2) A person who violates this subsection shall, upon conviction, be fined not more than $5,000 for each offense, or imprisoned for a term of not more than 90 days, or both. If a person is involved in an accident resulting in personal injury to another person while operating a commercial motor vehicle in violation of this subsection, the court shall impose both a period of imprisonment for 90 days and a fine of $5,000.

    In addition, the commercial motor vehicle driving privilege of a person convicted under this subsection shall be suspended in accordance with section 12 of this act.

(cf: P.L.1990, c.103, s.10.)

 

    5. N.J.S.18A:39-20 is amended to read as follows:

    18A:39-20. No board of education or contractor shall approve or assign a driver, as a driver or substitute driver of a school bus, without first complying with the provisions of this chapter, and any person violating, or failing to comply with, such provisions shall be guilty of a misdemeanor and subject to a fine of not more than[$500.00] $5,000 for each driver unlawfully approved or assigned.

    However, a board of education or a contractor may employ a bus driver provisionally for a period not to exceed [six] three months, 1without exception,1 pending completion of a criminal history record check required pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1); provided that the candidate submits to the commissioner a sworn statement attesting that the candidate has not been convicted of any crime [or], disorderly persons or alcohol or drug-related driving offense as described in that section. 1No extensions to the three-month provisional period shall be granted.1

(cf: P.L.1989, c.104, s.3)

 

    6. (New section) Every municipal court shall immediately notify the Division of Motor Vehicles when a school bus driver is charged either with a motor vehicle offense for which penalty points may be assessed or with a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13), section 16 of P.L.1990, c.103 (C.39:3-10.24), R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). Within one business day after receiving notice from the court, the director shall notify the school superintendent and bus contractor, if any, that a school bus driver assigned to that district has been charged with such offense or violation. The superintendent or bus contractor, as the case may be, shall have the authority to immediately suspend, and upon conviction, terminate, the bus driver who is charged with a motor vehicle offense and has already been assessed at least two points within the past three years or fulfills any of the criteria for disqualification in connection with driving a school bus pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1). The commissioner shall provide the division with a current listing of all school superintendents prior to each school year to enable the director to provide the notices required in this section.

 

    7. (New section) In addition to any other penalty provided by law, a school bus driver who, while transporting schoolchildren, violates section 5 of P.L.1990, c.103 (C.39:3-10.13) or section 16 of P.L.1990, c.103 (C.39:3-10.24) shall be subject to a jail sentence of up to one year upon conviction.

    Notwithstanding any other provision of law to the contrary, a conviction under this section shall not merge with a conviction for a violation of R.S.39:4-50, section 2 of P.L.1966, c.142 (C.39:4-50.2), section 5 of P.L.1990, c.103 (C.39:3-10.13) or section 16 of P.L.1990, c.103 (C.39:3-10.24).

 

    8. This act shall take effect on the first day of the sixth month after enactment.

 

 

Strengthens screening procedures for school bus drivers.