SENATE, No. 280

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator EWING

An Act concerning the licensing of school bus drivers, supplementing P.L.1990, c.103 and amending P.L.1989, c.104.

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

    1. (New section) Classified licensing of school bus drivers who are required to comply with the requirements of P.L.1990, c.103 (C.39:3-10.9 et seq.) shall be by endorsement on the commercial driver license issued pursuant to that act. An applicant for such an endorsement on a commercial driver license or for a renewal thereof shall comply with the provisions of section 6 of P.L.1989, c.104 (C.18A:39-19.1) and any additional requirements the director may establish by regulation. The applicant shall pay the applicable fees for an endorsement as prescribed by section 22 of P.L.1990, c.103 (C.39:3-10.30).

    2. 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 Commissioner of Education his or her name, address and fingerprints taken on standard fingerprint cards by a State, county or municipal law enforcement agency. No criminal history record check shall be furnished without his or her written consent to such a check.

    Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police, the Commissioner of Education 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 has refused to provide written consent to a criminal history record check or 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.

    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 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. The local board of education, the school bus contractor and the County Superintendent of Schools shall also be notified of the disqualification. 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] school bus endorsement issued pursuant to section 1 of P.L. c. (C. )(now pending before the Legislature as this bill) without necessity of a further hearing. 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)

    3. This act shall take effect immediately.

                                    STATEMENT

    This bill requires that a commercial driver's license issued to a school bus driver pursuant to the "New Jersey Commercial Driver License Act," P.L.1990, c.103 (C.39:3-10.9 et seq.) bear a distinguishing endorsement. This endorsement will readily identify school bus drivers for the purpose of ensuring that they have undergone required criminal background checks. The license applicant would pay the applicable fees for an endorsement. The bill also provides that a person who has refused to provide written approval for a criminal history background check will be disqualified from employment as a school bus driver.