HOUSE DOCKET, NO. 2455        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2730

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Carolyn C. Dykema

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to school bus safety.

_______________

PETITION OF:

 

Name:

District/Address:

Carolyn C. Dykema

8th Middlesex

James M. Cantwell

4th Plymouth

Chris Walsh

6th Middlesex

Richard J. Ross

Norfolk, Bristol and Middlesex


HOUSE DOCKET, NO. 2455        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2730

By Ms. Dykema of Holliston, a petition (accompanied by bill, House, No. 2730) of Carolyn C. Dykema and others relative to licensing of school bus operators.  Transportation.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to school bus safety.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 7D ½ of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following 2 paragraphs:-

No person who is a sex offender, as defined in section 178C of chapter 6, or who has been convicted of the use, sale, manufacture or distribution of or possession with intent to distribute any of the controlled substances which are unlawful under the provisions of section 31 of chapter 94 C, or to any person who has been convicted of operating a motor vehicle while under the influence of intoxicating liquor or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of said chapter 94C, or of the vapors of glue, within the preceding 15 year period under the provisions of section 24 shall transport vocational school students pursuant to this section .  No person who has been previously convicted, placed on probation or granted a continuance without a finding, or who otherwise pleads guilty to or admits to a finding of sufficient facts, or who has been assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth pursuant to the provisions of section 24, or any other jurisdiction because of a like offense, 2 or more times  in his or her lifetime shall transport vocational school students pursuant to this section.  Any person who has consented to have any such case disposed of under the provisions of section 24 D shall, for the purposes of this section, be deemed to have been convicted.

The registrar may make such rules and regulations as the registrar may deem necessary to carry out the provisions of this section.

SECTION 2.  Section 8A of chapter 90  of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the word “five” and inserting in place thereof the following figure:- 15. 

SECTION 3. The first paragraph of said section 8A of said chapter 90, as so appearing, is hereby further amended by inserting after the third sentence, the following sentence:- No license shall be issued to a person who has been previously convicted, placed on probation or granted a continuance without a finding, or who otherwise pleads guilty to or admits to a finding of sufficient facts, or who has been assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth pursuant to the provisions of section 24, or any other jurisdiction because of a like offense, 2 or more times  in his or her lifetime.

SECTION 4.  The seventh paragraph of said section 8A of said chapter 90, as so appearing, is hereby further amended by adding the following sentence:- The registrar shall immediately suspend the license and instructors certificate of any licensee or instructor charged with a violation of section 24.  The registrar shall immediately revoke the license and instructors certificate of any licensee or instructor convicted pursuant to the provisions of section 24. 

SECTION 5. Section 8A ½ of said chapter 90 , as so appearing, is hereby amended by striking out, in line 28, the word “five” and inserting in place thereof the following figure:- 15.

SECTION 6. The first paragraph of said section 8A ½ of said chapter 90, as so appearing, is hereby further amended by inserting after the fourth sentence, the following sentence:- No license shall be issued to a person who has been previously convicted, placed on probation or granted a continuance without a finding, or who otherwise pleads guilty to or admits to a finding of sufficient facts, or who has been assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth pursuant to the provisions of section 24, or any other jurisdiction because of a like offense, 2 times in his or her lifetime.

SECTION 7. The fourth paragraph of said section 8A ½ of said chapter 90, as so appearing, is hereby further amended by adding the following sentence:- The registrar shall immediately suspend the license and instructors certificate of any licensee or instructor charged with a violation of section 24.  The registrar shall immediately revoke the license and instructors certificate of any licensee or instructor convicted pursuant to the provisions of section 24. 

SECTION 8.  Notwithstanding any general or special law to the contrary, the registrar of motor vehicles shall require that no person:  (a) licensed as a school bus operator pursuant to section 8A or 8A ½ of chapter 90 of the General Laws; (b) transporting vocational students pursuant to section 7D ½ of said chapter 90; or (c) otherwise licensed as a school bus operator or holding a school pupil transport vehicle class 7D or 7D ½ license pursuant to 540 CMR 2.15: (1) is a sex offender, as defined in section 178C of chapter 6, (2) has been convicted of the use, sale, manufacture or distribution of or possession with intent to distribute any of the controlled substances which are unlawful under the provisions of section 31 of chapter 94C of the General Laws, (3) has been convicted of operating a motor vehicle while under the influence of intoxicating liquor or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of said chapter 94C, or of the vapors of glue, within the preceding 15 year period under the provisions of section 24 of said chapter 90; or (4) has been previously convicted, placed on probation or granted a continuance without a finding, or who otherwise pleads guilty to or admits to a finding of sufficient facts, or who has been assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth pursuant to the provisions of said section 24 of said chapter 90, or any other jurisdiction because of a like offense, 2 or more times in his or her lifetime.  Any person who has consented to have any such case disposed of under the provisions of said section 24D of said chapter 90 shall, for the purposes of this section, be deemed to have been convicted.