A4682

An Act concerning certain school bus contractor certification requirements, amending N.J.S.18A:39-18, and supplementing Title 18A of the New Jersey Statutes.

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

1. N.J.S.18A:39-18 is amended to read as follows:

18A:39-18. [In each school year] a. No later than August 15 preceding the school year in which the student transportation contract shall be applicable, prior to [the beginning of transportation of] transporting school pupils under a contract awarded by a board of education, the contractor shall furnish to the county superintendent the name, social security number, and certification of a valid school bus driver's license and criminal background check, and evidence of a check for the driver's record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1) of each driver or substitute driver to be assigned to any vehicle in the performance of [his] the contract.

b. The commissioner shall establish staggered deadlines for multi-district and multi-county contractors to facilitate early compliance verification and to allow adequate time for alternative arrangements to be made if a contractor is noncompliant. However, no deadline established pursuant to this subsection shall be later than the deadline established pursuant to subsection a. of this section.

(cf: P.L.2003, c.66, s.3)

2. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Annual certification” means the certification and supporting documentation that a contractor is required to submit, pursuant to N.J.S.18A:39-18, to the county superintendent for each school bus driver or substitute driver prior to transporting students.

“Commissioner” means the Commissioner of Education.

“Contractor” means a business that seeks to enter or has entered into a contract with a board of education to provide student transportation services.

“Noncompliant” means a contractor’s failure to submit the completed annual certifications by the deadline established pursuant to N.J.S.18A:39-18.

“Office” means the Office of School Bus Safety.

3. (New section) a. The office shall establish and implement an automated notification system to provide electronic alerts, which shall recur at least weekly, to each noncompliant contractor beginning one week after the deadline established pursuant to N.J.S.18A:39-18 and continuing to recur until the contractor has submitted the required annual certifications.

b. If, after 10 days of receiving the first electronic alert, the contractor remains noncompliant, the office shall notify all school districts with active contracts with the contractor and the appropriate county superintendent of the contractor’s noncompliance.

c. The commissioner may impose civil penalties, suspend, or revoke vendor codes, or bar a noncompliant contractor from bidding on any new contract until the contractor has submitted the annual certifications. Any penalties collected under this subsection shall be brought, and the penalty shall be collected, in a summary proceeding before a court of competent jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

d. No school district shall enter into or renew a contract with a noncompliant contractor unless a waiver is granted by the commissioner for good cause shown.

4. (New section) Each county superintendent shall maintain a master list of all school bus companies with active student transportation contracts in the county. Each master list shall be updated quarterly and shared with the office to track compliance with N.J.S.18A:39-18 and enforcement of subsections c. and d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

5. (New section) a. The office shall establish a two-year pilot program to provide incentives for each contractor that submits the required annual certifications on or before August 1 preceding the school year in which the student transportation contract shall be applicable.

b. The incentives provided pursuant to the pilot program established by subsection a. of this section shall include:

(1) priority in bid evaluations, where permitted by law;

(2) public recognition; or

(3) reduced administrative fees.

c. Within six months after the conclusion of the pilot program established pursuant to subsection a. of this section, the office shall submit a report to the Governor, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. At a minimum, the report shall assess the number and type of incentives provided pursuant to the pilot program and the contractors’ compliance with the requirements established pursuant to N.J.S.18A:39-18.

6. (New section) The commissioner shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this act.

7. This act shall take effect immediately and shall apply to the second full school year following the date of enactment.

STATEMENT

The bill requires a contractor seeking to obtain or renew a student transportation contract to submit the annual certifications required under current law to the county superintendent by August 15 preceding the school year in which the student transportation contract will be applicable (August 15 deadline). Under the bill, the Commissioner of Education (commissioner) is required to establish staggered early deadlines for multi-district and multi-county contractors to facilitate early compliance verification and to allow adequate time for alternative arrangements to be made if a contractor is noncompliant.

In addition, the Office of School Bus Safety (office) is to establish and implement an automated notification system to provide at least weekly recurring electronic alerts to each noncompliant contractor beginning one week after the August 15 deadline and continuing until the contractor has submitted the annual certification and compliance documents. If, after 10 days of receiving the first alert, the contractor remains noncompliant, the office is to notify all school districts with active contracts with the contractor and the appropriate county superintendent of the contractor’s noncompliance.

The bill prohibits a school district from entering into or renewing a contract with a noncompliant contractor unless a waiver is granted by the commissioner for good cause shown. Additionally, the bill authorizes the commissioner to impose civil penalties, suspend, or revoke vendor codes, or bar a noncompliant contractor from bidding on any new contract until the contractor has submitted the annual certifications.

The bill requires each county superintendent to maintain a master list of all contractors with active student transportation contracts in the county, which list is to be updated quarterly and shared with the office to track compliance and enforcement of certain provisions of the bill.

Finally, the office is required to establish a two-year pilot program to incentivize contractors to submit the complete annual certifications on or before August 1 preceding the contract school year. Following the conclusion of the pilot program, the office is to submit a report on the incentives provided pursuant to the pilot program and the contractors’ overall compliance with meeting the August 15 deadline.

Under the bill, “annual certification” means the certification and supporting documentation that a contractor is required to submit to the county superintendent by the August 15 deadline for each school bus driver or substitute driver prior to transporting students. Additionally, “contractor” means a business that seeks to enter, or has entered into, a contract with a board of education to provide student transportation services.