S666

An Act concerning certain bus drivers and supplementing P.L.1979, c.150 (C.27:25-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Corporation” means the New Jersey Transit Corporation.

“Custodian of records" means the individual officially designated by formal action of the corporation as the person in charge of records for the purposes of providing customers with service information in compliance with P.L. , c. (C. ) (pending before the Legislature as this bill).

“Motorbus regular route service” means and includes the operation of any motorbus or motorbuses on streets, public highways or other facilities, over a fixed route and between fixed termini on a regular schedule for the purpose of carrying passengers for hire or otherwise, in this State or between points in this State and points in other states.

“Record” means any paper, written or printed book, document, plan, data processed document, information stored or maintained electronically, or any copy thereof, that has been made, maintained, or kept on file in the course of official business by the corporation or that has been received in the course of official business by the corporation. The term shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.

The term shall also not include that portion of any record which discloses the social security number, credit card number, unlisted telephone number, or driver license number of any person; except with respect to the disclosure of driver information by the New Jersey Motor Vehicle Commission as permitted by section 2 of P.L.1997, c.188 (C.39:2-3.4).

b. Within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the corporation and any public or private entity under contract to the corporation to provide motorbus regular route service shall establish and maintain a system for providing customers with service information when requested, which shall be limited to the following information:

(1) The record of any bus driver with respect to all customer complaints made concerning that bus driver;

(2) A description of any disciplinary action taken by the corporation or a public or private entity under contract to the corporation to provide motorbus regular route service against that bus driver, including, but not limited to, discharge or suspension;

(3) Any traffic or safety violation the bus driver has committed; and

(4) Any other information relating to performance of the bus driver that the corporation or a public or private entity under contract to the corporation to provide motorbus regular route service routinely compiles.

c. The system created pursuant to subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall satisfy the following requirements:

(1) The custodian of records shall permit the record authorized by P.L. , c. (C. ) (pending before the Legislature as this bill) to be inspected, examined, and copied by any person during regular business hours;

(2) Where it appears that the record which is sought to be inspected, copied, or examined shall pertain to an investigation in progress by the corporation or a public or private entity under contract to the corporation to provide motorbus regular route service, the right of access provided for in P.L. , c. (C. ) (pending before the Legislature as this bill) may be denied if the inspection, copying, or examination of such record or records shall be inimical to the public interest; provided, however, that this provision shall not be construed to allow the corporation or any public or private entity under contract to the corporation to provide motorbus regular route service to prohibit access to a record of that agency that was open for public inspection, examination, or copying before the investigation commenced;

(3) A copy of a record may be purchased by any person upon payment of a reasonable fee charged;

(4) The custodian of records shall adopt a form for the use of any person who requests access to a record held or controlled by the custodian of records. The form shall provide space for the name, address, and phone number of the requestor and a brief description of the record sought. The form shall include space for the custodian of records to indicate which record will be made available, when the record will be available, and the fees to be charged.

The form shall also include the following: specific directions and procedures for requesting a record; a statement as to whether prepayment of fees or a deposit is required; the time period within which the corporation or public or private entity under contract to the corporation to provide motorbus regular route service is required to make a record available; a statement of the requestor's right to challenge a decision by the custodian or records to deny access and the procedure for filing an appeal; and space for the custodian of records to list reasons if a request is denied in whole or in part; space for the requestor to sign and date the form; and space for the custodian of records to sign and date the form if the request is fulfilled or denied. The custodian of records may require a deposit against costs for reproducing documents sought through an anonymous request whenever the custodian of records anticipates that the information requested will cost in excess of $5 to reproduce;

(5) A request for access to a record shall be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the custodian of records. The custodian of records shall promptly comply with a request to inspect, examine, copy, or provide a copy of a record. If the custodian of records is unable to comply with a request for access, the custodian of records shall indicate the specific basis therefore on the request form and promptly return it to the requestor. The custodian of records shall sign and date the form and provide the requestor with a copy thereof. If the custodian of records asserts that part of a particular record is exempt from public access pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), the custodian of records shall delete or excise from a copy of the record that portion which the custodian of records asserts is exempt from access and shall promptly permit access to the remainder of the record. If the record requested is temporarily unavailable because it is in use or in storage, the custodian of records shall advise the requestor and shall make arrangements to promptly make available a copy of the record; and

(6) The custodian of records shall grant access to a record or deny a request for access to a record pursuant to paragraph (2) of subsection c. of this section as soon as possible, but not later than seven business days after receiving the request, provided that the record is currently available and not in storage or archived. If the record is in storage or archived, the requestor shall be so advised within seven business days after the custodian of records receives the request. The requestor shall be advised by the custodian of records when the record can be made available.

2. This act shall take effect on the first day of the third month following enactment, but such anticipatory administrative action may be taken in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires the New Jersey Transit Corporation (the corporation) and any public or private entity under contract to the corporation to provide motorbus regular route service to provide service information concerning its drivers when requested by a customer. The corporation and any public or private entity under contract to the corporation to provide motorbus regular route service is required to establish and maintain a system for providing service information, when requested, limited to: 1) the record of any driver with respect to all service complaints made concerning that bus driver; 2) a description of any disciplinary action taken against that bus driver, including discharge or suspension; 3) any traffic or safety violation the bus driver has committed and 4) any other information relating to performance of the driver that is routinely compiled.

This bill also establishes the basic operations and procedures that are to be satisfied by the corporation, and any public or private entity under contract to the corporation to provide motorbus regular route service, in providing this information concerning its drivers.