STATE OF NEW YORK
________________________________________________________________________
1895
2015-2016 Regular Sessions
IN SENATE
January 15, 2015
___________
Introduced by Sens. BONACIC, AVELLA, LANZA -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion
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 § 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.
LBD03323-01-5
S. 1895 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 § 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 § 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. 1895 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 § 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.
