SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

SENATE, No. 3851

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 16, 2021

      The Senate Budget and Appropriations Committee reports favorably Senate Bill No. 3851, with committee amendments.

      As amended, this bill creates the School Bus Safety Ombudsman position in, but not of, the Department of Education to monitor and administer all school bus safety and oversight activities.  The School Bus Safety Ombudsman would be appointed by the Governor and would have, but not be limited to, the following duties:

      (1)  review a school bus driver’s information collected by the Commissioner of Education for a criminal history check or check for alcohol and drug-related motor vehicle violations pursuant to current statute;

      (2)  review all training certifications for school bus drivers from employers;

      (3)  assist in the development of a student information card;

      (4)  review statements provided by a board of education or contractor that verify a school bus driver, whose bus driver’s license is suspended or revoked, no longer operates a school bus for the board or contractor;

      (5)  the establishment of a publicly accessibly database that compiles the violations and subsequent fines of a school bus driver, the school bus contractor that employs the school bus driver, and any owner, operator, or officer associated with the school bus contractor. The ombudsman will develop and implement an appeal mechanism to resolve any dispute raised concerning inclusion in the database;

      (6)  maintaining a list of persons debarred from bidding on pupil transportation contracts;

      (7)  render  a decision as to whether a person shall be debarred from bidding on a pupil transportation contract;

      (8)  collect and review the name, address, and contact information of school bus contractors and the owner or school bus contracting companies;

      (9)  determine if a board of education or contractor has approved or assigned an unauthorized bus driver;

      (10) review and recommend changes to the commissioner of the rules and regulations governing school bus safety; and

      (11) any other duties the ombudsman deems appropriate to ensure the safety of school buses for students in the State.

      The bill also requires the ombudsman to submit an annual report to the Governor, the Legislature, and the New Jersey Motor Vehicle Commission which includes a summary of the services provided, and enforcement actions taken, by the ombudsman during the school year, and any specific recommendations the ombudsman deems appropriate and necessary concerning the oversight and management within the ombudsman’s purview.

     As amended, this bill is identical to Assembly Bill No. 5814 (1R), which was also reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amendments add a requirement that the training and experience required for the person to be appointed School Bus Safety Ombudsman be related to the school bus industry.

FISCAL IMPACT:

      The Office of Legislative Services (OLS) concludes that the bill will cause an indeterminate increase in annual State expenditures for the establishment and continued operation of the Office of the School Bus Safety Ombudsman. Under the bill, the office will be in, but not of, the Department of Education.  In addition to hiring the School Bus Safety Ombudsman, there will be costs associated with hiring staff to perform the duties of the office, costs associated with securing facilities, and ongoing administrative and operational costs of the office. It is not known how many staff members will be needed to adequately perform the duties of the office, nor the salaries of the hired staff. The operational, administrative, and maintenance costs associated with the establishment of a new office are also unknown.

      The OLS concludes that there will be indeterminate costs associated with the establishment and ongoing operation of a publicly accessibly database that compiles the violations and subsequent fines of school bus drivers, school bus contractors that employ the school bus drivers, and the owners, operators, or any officers associated with the school bus contractor.