SB 1163 Modifies the school bus endorsement criminal background check procedure
Sponsor: Rupp
LR Number: 5205S.01I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 2/21/2008 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S343
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1163 - This act modifies the school bus endorsement criminal background check procedure.

Under this act, each school district shall require from the authorized representative of any company contracting with it a certified statement certifying that all persons operating school buses have submitted themselves to a criminal history repository and criminal history files search as prescribed by the highway patrol and the FBI and that the results of those searches have not disqualified the applicants from receiving a school bus endorsement. Under the current law, the onus is on the school district to ensure that a criminal background check is conducted for school bus drivers (Section 168.133).

Under the act, the highway patrol must provide a record of clearance or denial for any applicant for a school bus endorsement for certain convictions (drug convictions, child abuse, prostitution, weapon offenses, pornography, robbery, arson, burglary). The highway patrol is authorized to obtain from the FBI any information which might aid the highway patrol in providing such record of clearance or denial. The highway patrol shall provide the record of clearance or denial within 60 days of the date requested. The highway patrol is required to provide the information to the Department of Revenue.

Under the act, an applicant for a school bus endorsement must submit 2 sets of fingerprints. The applicant must pay the associated fee for the state criminal history information. The applicant will be denied a school bus endorsement or will not have his or her endorsement renewed if the background check reveals that he or she has been convicted of the statutory listed crimes. Additionally, a school bus endorsement shall not be issued or renewed if the applicant's driving record shows that his or her driving privilege has been suspended, revoked or disqualified or whose record shows a history of moving vehicle violations. The act also requires immediate school bus endorsement revocation if it is discovered that the person has committed a disqualifying violation.

The record of clearance from the highway patrol and the submission of fingerprints is not required if the applicant is 70 years of age or older and the applicant is able to provide verification that the applicant has submitted to such requirements in the last 6 years and the applicant is applying for a school bus endorsement renewal.

The director may issue a 90 day temporary renewal extension to applicants currently holding a valid school bus endorsement pending notice of clearance or denial. Under the act, the school district may adopt a policy to provide for reimbursement of expenses incurred by an employee for state and federal criminal history information or any other fees.

STEPHEN WITTE