CHAPTER 205

FORMERLY

SENATE BILL NO. 170

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SCHOOL BUS DRIVERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 2708, Title 21 of the Delaware Code, by striking the words "Department of Public Instruction" and "DPI" wherever they appear therein and by substituting in lieu thereof the words "Department of Education" and "DOE" respectively.

Section 2. Amend § 2708(a)(2), Title 21 of the Delaware Code, by striking the words "State Board of Education" and by substituting in lieu thereof the words "Department of Education".

Section 3. Amend § 2708(b), Title 21 of the Delaware Code, by striking paragraphs (7), (8), and (9) thereof and by substituting in lieu thereof the following:

"(7) Never have been convicted of any of the following crimes under the laws of this State or of any other jurisdiction:

a. Any crime constituting the manufacture, delivery, or possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;

b. Any crime against a child;

c. Any crime constituting a Class A or B felony;

d. Any crime constituting a felony homicide including, but not limited to, murder, manslaughter, and vehicular homicide;

e. Any crime constituting a felony sexual offense;

f. Any crime constituting a felony offense against public administration involving bribery, improper influence, or abuse of office; or

g. Any crime, other than those listed in this paragraph, constituting a felony for which the person has not been pardoned or for which less than five years have passed since the person fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole, or suspension, and all forms of fines, restitution, or community service."

Section 4. Amend § 2709, Title 21 of the Delaware Code, by striking the words "Department of Public Instruction" and "DPI" wherever they appear therein and by substituting in lieu thereof the words "Department of Education" and "DOE" respectively.

Section 5. Amend § 2709, Title 21 of the Delaware Code, by striking subsection (c) thereof in its entirety and by substituting in lieu thereof the following:

"(c)(1) An out-of-state school bus driver shall:

a. upon first employment, and thereafter annually, provide to his or her supervisor a current copy of his or her home state driving record;

b. inform his or her supervisor any time his or her license is suspended or revoked.

(2) The supervisor of an out-of-state school bus driver shall:

a. maintain on file a current copy of the driver's driving records; and

b. annually update and review the driver's driving records using the same qualification criteria as found in § 2708 of this title."

Section 6. This Act shall be effective 6 months from the date it is enacted into law.

Section 7. Nothing in this Act shall be interpreted to affect the licensure or employment of any person employed as a school bus driver in this State, or holding a valid Delaware CDL with a school bus endorsement, on the day this Act is enacted into law.

Approved July 24, 2001