File No. 419

Senate, April 6, 2006

The Committee on Human Services reported through SEN. HANDLEY of the 4th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING OPERATOR'S LICENSES BEARING A SCHOOL ENDORSEMENT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 14-44 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) (1) No person shall operate a commercial motor vehicle used for passenger transportation on any public highway of this state until [he] such person has obtained a commercial driver's license with a passenger endorsement from the commissioner, except a nonresident who holds such license with such endorsement issued by another state. (2) No person shall operate a school bus until [he] such person has obtained a commercial driver's license with a school bus endorsement, except that a person who holds such a license without such endorsements may operate a school bus without passengers for the purpose of road testing or moving the vehicle. (3) No person shall operate a student transportation vehicle, as defined in section 14-212, as amended, activity vehicle, camp vehicle, taxicab, motor vehicle in livery service, motor bus or service bus until [he] such person has obtained an operator's license bearing an endorsement of the appropriate type from the commissioner issued in accordance with the provisions of this section and section 14-36a, as amended.

(b) No operator's license bearing an endorsement shall be issued or renewed in accordance with the provisions of this section or section 14-36a, as amended, until the commissioner, or [his] the commissioner's authorized representative, is satisfied that the applicant is a proper person to receive such an operator's license bearing an endorsement, holds a valid motor vehicle operator's license, or, if necessary for the class of vehicle operated, a commercial driver's license and is at least eighteen years of age. Each applicant for such a permit, an operator's license bearing an endorsement or the renewal of such a license shall furnish the commissioner, or [his] the commissioner's authorized representative, with satisfactory evidence, which may be required to be under oath, to prove that [he has] such person: Has no criminal record, [that he] has not been convicted of a violation of subsection (a) of section 14-227a, as amended, within five years of the date of application and that no reason exists for a refusal to grant or renew such an operator's license bearing an endorsement. Each applicant for such an operator's license bearing an endorsement shall submit with [his] the application proof satisfactory to the commissioner that [he] such applicant has passed a physical examination [which has been taken within] administered not more than ninety days prior to [his] the date of application, and which is in compliance with safety regulations established from time to time by the United States Department of Transportation. Each applicant for renewal of such license shall present evidence that such applicant is in compliance with the medical qualifications established in 49 CFR 391, as amended. Each applicant for such an operator's license bearing an endorsement shall be fingerprinted before the license bearing an endorsement is issued.

(c) The commissioner may issue, withhold, renew, suspend, cancel or revoke, any endorsement required to operate a motor vehicle that transports passengers, as provided in subsection (c) of section 14-36a, as amended. The commissioner may, in making [his] the decision, consider the age, accident and criminal record, moral character and physical condition of any such applicant or endorsement holder and such other matters as the commissioner may determine. The commissioner may require any such applicant or endorsement holder to furnish the statements of two or more reputable citizens, which may be required to be under oath, vouching for the good character or other qualifications of the applicant or endorsement holder.

(d) Upon the arrest of any person who holds an operator's license bearing a school endorsement charged with a felony or violation of section 53a-73a, the arresting officer or department, within forty-eight hours, shall cause a report of such arrest to be made to the commissioner. The report shall be made on a form approved by the commissioner containing such information as the commissioner prescribes. The commissioner may adopt regulations, in accordance with chapter 54, to implement the provisions of this subsection.

(e) Prior to issuing an operator's license bearing a school endorsement, the commissioner shall require each applicant to submit to state and national criminal history records checks, and a check of the state child abuse registry established pursuant to section 17a-101k of the 2006 supplement to the general statutes for perpetrator information. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a, as amended. If notice of a state criminal history record or notification that the applicant is listed as a perpetrator of abuse on the state child abuse registry established pursuant to said section 17a-101k is received, the commissioner may refuse to issue an operator's license bearing such endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. Subject to the provisions of section 46a-80, if notice of a national criminal history record or notification that the holder is listed as a perpetrator of abuse on the state child abuse registry established pursuant to said section 17a-101k is received, the commissioner may withdraw the operator's license bearing a school endorsement immediately and, in such case, shall immediately notify the holder of such license and the holder's employer, in writing, of such withdrawal.

(f) Any applicant who is refused an operator's license bearing an endorsement or the renewal of such a license, or whose operator's license bearing an endorsement or the renewal of such a license is withdrawn or revoked on account of a criminal record or being identified as a perpetrator of abuse on the state child abuse registry established pursuant to said section 17a-101k, shall be entitled to a hearing if requested in writing within twenty days. The hearing shall be conducted in accordance with the requirements of chapter 54 and the applicant may appeal from the final decision rendered therein in accordance with section 4-183.

(g) Violation of any provision of this section shall be an infraction.

Sec. 2. Subsection (f) of section 17a-28 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(f) The commissioner or the commissioner's designee shall, upon request, promptly provide copies of records, without the consent of a person, to (1) a law enforcement agency, (2) the Chief State's Attorney or the Chief State's Attorney's designee or a state's attorney for the judicial district in which the child resides or in which the alleged abuse or neglect occurred or the state's attorney's designee, for purposes of investigating or prosecuting an allegation of child abuse or neglect, (3) the attorney appointed to represent a child in any court in litigation affecting the best interests of the child, (4) a guardian ad litem appointed to represent a child in any court in litigation affecting the best interests of the child, (5) the Department of Public Health, which licenses any person to care for children for the purposes of determining suitability of such person for licensure, subject to the provisions of sections 17a-101g, as amended, and 17a-101k, of the 2006 supplement to the general statutes, (6) the Department of Motor Vehicles in connection with the issuance of an operator's license bearing a school endorsement pursuant to section 14-44, as amended by this act, [(6)] (7) any state agency which licenses such person to educate or care for children pursuant to section 10-145b, as amended, or 17a-101j, subject to the provisions of sections 17a-101g, as amended, and 17a-101k, as amended, concerning nondisclosure of findings of responsibility for abuse and neglect, [(7)] (8) the Governor, when requested in writing, in the course of the Governor's official functions or the Legislative Program Review and Investigations Committee, the committee of the General Assembly on judiciary and the committee of the General Assembly having cognizance of matters involving children when requested in the course of such committees' official functions in writing, and upon a majority vote of said committee, provided no names or other identifying information shall be disclosed unless it is essential to the legislative or gubernatorial purpose, [(8)] (9) a local or regional board of education, provided the records are limited to educational records created or obtained by the state or Connecticut-Unified School District #2, established pursuant to section 17a-37, and [(9)] (10) a party in a custody proceeding under section 17a-112 or 46b-129, in the Superior Court where such records concern a child who is the subject of the proceeding or the parent of such child. A disclosure under this section shall be made of any part of a record, whether or not created by the department, provided no confidential record of the Superior Court shall be disclosed other than the petition and any affidavits filed therewith in the superior court for juvenile matters, except upon an order of a judge of the Superior Court for good cause shown. The commissioner shall also disclose the name of any individual who cooperates with an investigation of a report of child abuse or neglect to such law enforcement agency or state's attorney for purposes of investigating or prosecuting an allegation of child abuse or neglect. The commissioner or the commissioner's designee shall, upon request, subject to the provisions of sections 17a-101g, as amended, and 17a-101k, as amended, promptly provide copies of records, without the consent of the person, to (A) the Department of Public Health for the purpose of determining the suitability of a person to care for children in a facility licensed under sections 19a-77 to 19a-80, inclusive, as amended, 19a-82 to 19a-87, inclusive, and 19a-87b, as amended, and (B) the Department of Social Services for determining the suitability of a person for any payment from the department for providing child care.

Statement of Legislative Commissioners:

In subsection (e) of section 1, after "Subject to the provisions of section 46a-80, if notice of a national criminal history record" the phrase "or notification that the holder is listed as a perpetrator of abuse on the state child abuse registry established pursuant to said section 17a-101k" was added for clarification and consistency of reference throughout section 1.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

Explanation

The Department of Motor Vehicles will be able to accommodate any additional administrative functions resulting from passage of this bill within its anticipated budgetary resources.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.



OLR Bill Analysis

sSB 341

AN ACT CONCERNING OPERATOR'S LICENSES BEARING A SCHOOL ENDORSEMENT.

SUMMARY:

The law requires an individual to obtain a commercial drivers' license with both passenger and school endorsements from the Department of Motor Vehicles (DMV) in order to drive a school bus,

This bill requires DMV to check the state child abuse registry before issuing a commercial drivers' license with school endorsements and allows the DMV commissioner to refuse to issue the endorsement if the license applicant is listed as a perpetrator in the registry. If the commissioner is notified that a driver holding one of these licenses is listed in the registry, the bill authorizes him to withdraw the endorsement.

By law, applicants must already submit to criminal background checks and the DMV commissioner can refuse to grant the endorsements or withdraw existing ones based on those checks.

The bill also entitles applicants denied licenses and license holders whose licenses are withdrawn to immediate notice and a hearing, provided they request it in writing within 20 days. This appeals process already exists when criminal background checks result in endorsement denials, revocations, or withdrawals.

Finally, the bill requires the Department of Children and Families (DCF) commissioner, when asked, to promptly provide copies of child protection-related records to DMV in connection with issuing these endorsements, without the driver's consent. In general, DCF records are confidential unless otherwise permitted by law.

EFFECTIVE DATE: October 1, 2006

COMMITTEE ACTION

Human Services Committee

Joint Favorable