SENATE, No. 482

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 22, 1996

 

 

By Senator HAINES

 

 

An Act concerning the fingerprinting of school bus drivers and amending P.L.1989, c.104.

 

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

 

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

    6. Prior to initial employment as a school bus driver by a local board of education or by a private entity which contracts with a local board of education for the provision of pupil transportation services, [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 or municipal law enforcement agency. No criminal history record check shall be furnished without his or her written consent to such a check. Upon application for renewal of a school bus driver's license, a bus driver who has remained in continuous employment with the board of education or private entity shall be subject to a name check by the Division of State Police. A change of employer or a break in service when school is in regular session for other than an approved leave of absence shall be considered an initial employment for the purposes of this section.

    Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police or the name check from 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's criminal history record or name check 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 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)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill eliminates the requirement that school bus drivers in continuous employment with a board of education or a private entity which contracts with a board of education for the transportation of pupils must be fingerprinted each time the driver applies for renewal of his school bus driver's license. Fingerprinting would still be required prior to initial employment as a school bus driver. Thereafter, so long as the driver remained in continuous employment with the same employer, the driver would be subject to a name check by the State Police each time the bus driver's license is renewed. The bus driver's license is issued as an endorsement to the regular driver's license and is valid for the four year term of that license (R.S.39:3-10). Under the bill, a break in service or change of employer would constitute initial employment and the bus driver would have to be fingerprinted and undergo a full criminal history record check.

 

 

 

Eliminates requirement that school bus drivers be fingerprinted on application for license renewal.