Bill Text - SB760 (2020)

Relative to criminal background checks for school bus drivers.


Revision: Feb. 26, 2020, 11:06 a.m.

SB 760-FN - AS INTRODUCED

 

 

2020 SESSION

20-3126

08/06

 

SENATE BILL 760-FN

 

AN ACT relative to criminal background checks for school bus drivers.

 

SPONSORS: Sen. Cavanaugh, Dist 16; Sen. Soucy, Dist 18; Rep. Vallone, Rock. 9

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill requires the department of education to serve as a clearing house for criminal background checks for school bus drivers.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3126

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to criminal background checks for school bus drivers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  School Bus Driver's Certificate.  RSA 263:29 is repealed and reenacted to read as follows:

263:29  School Bus Driver's Certificate.

I.  The owner of any school bus transporting children to and from any private or public school, or the owner of any bus owned or used by a religious organization or a nonprofit organization used exclusively as a bus for the transportation of its members in connection with functions of the organization, shall submit the following:

(a)  To the department, a list of names of persons who it employs to drive buses for such transportation.

(b)  To the authorities in a town, city, or other organization which pays for such transportation, a list of certified drivers such town, city, or other organization may employ for purposes of such transportation.

(c)  To the department of education, a list of certified drivers for criminal background checks.  The department of education shall complete such criminal background check for each holder of a school bus driver's certificate every 5 years before his or her birthday.  

II.  When the authorities in a town, city, or other organization which pays for such transportation finds that a driver from the list submitted under paragraph one is found to be qualified to bear the responsibility for such transportation, the division shall cause such driver to be examined under the rules adopted pursuant to RSA 265:58.  

III.  No person shall drive a school bus unless he or she has satisfactorily passed the special examination for said driving and received from the division a special school bus driver’s certificate.  The director may revoke such special school bus driver’s certificate for good cause shown.  

2  Background Check; School Bus Drivers.  Amend RSA 189:13-a, VI to read as follows:

VI.  This section shall apply to any employee, selected applicant for employment, designated volunteer, or volunteer organization which contracts with a school administrative unit, school district, chartered public school, or public academy to provide services, including but not limited to cafeteria workers, [school bus drivers,] custodial personnel, or any other service where the contractor or employees of the contractor provide services directly to students of the district, chartered public school, or public academy.  The employing school administrative unit, school district, or chartered public school shall be responsible for completing the criminal history records check on the people identified in this paragraph.  The cost for criminal history records checks for employees or selected applicants for employment with such contractors shall be borne by the contractor.

3  New Paragraph; Commissioner of Education; School Bus Driver Background Checks.  Amend RSA 21-N:4 by inserting after paragraph IX the following new paragraph:

X.  Providing a clearing house for school bus driver background checks to towns, cities, or other organizations paying for school bus transportation.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-3126

2/12/20

 

SB 760-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to criminal background checks for school bus drivers.

 

FISCAL IMPACT:

Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

 

AGENCIES CONTACTED:

Departments of Education and Safety