Section 28.15.046. Licensing of school bus drivers.

   (a) In addition to the requirements of AS 28.15.041(a), a person may not drive a school bus transporting school children to or from a public school to enable them to participate in class or a school activity, or a bus transporting school children to or from a public school for classroom studies until the person has applied for and has been issued a license for that purpose under this section. This subsection does not apply to a person or motor vehicle exempted under regulations adopted by the commissioner. In this subsection "classroom studies" means curriculum studies that take place in a public school building.
   (b) The department may not issue a license under this section unless the applicant
        (1) is at least 21 years of age;
        (2) has had a license to operate a motor vehicle at least three years before the date of application;
        (3) has successfully completed all required driving, written, and physical examinations;
        (4) has submitted the applicant's fingerprints, the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check, and other information sufficient to complete a background check consisting of a fingerprint check of national criminal records and state criminal records of the state or states in which the applicant has resided for the past 10 years; the department shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400;
        (5) has completed a state approved school bus driver training course established under AS 14.07.020(a)(14) or has for the previous two years been licensed by the state to operate a school bus.
   (c) The department may not issue a license under this section to an applicant
        (1) who has been convicted of any of the following offenses:
             (A) a violation, or an attempt, solicitation, or conspiracy to commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530;
             (B) a felony violation of endangering the welfare of a child in the first degree under AS 11.51.100;
             (C) felony indecent viewing or photography under AS 11.61.123;
             (D) distribution of child pornography under AS 11.61.125;
             (E) possession of child pornography under AS 11.61.127;
             (F) distribution of indecent material to minors under AS 11.61.128;
             (G) felony prostitution under AS 11.66.100(e);
             (H) sex trafficking in the first, second, or third degree under AS 11.66.110 - 11.66.130;
             (I) a felony involving distribution of a controlled substance under AS 11.71 or imitation controlled substance under AS 11.73;
             (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); or
        (2) who has been convicted of any of the following offenses and less than two years have elapsed since the applicant's date of conviction for the offense:
             (A) assault in the fourth degree under AS 11.41.230;
             (B) reckless endangerment under AS 11.41.250;
             (C) contributing to the delinquency of a minor under AS 11.51.130;
             (D) misdemeanor prostitution under AS 11.66.100(a)(2);
             (E) a misdemeanor violation of endangering the welfare of a child in the first degree under AS 11.51.100.
   (d) The department may not issue a license under this section if, at the time of application
        (1) and under circumstances other than those described in (2) of this subsection, less than two years have elapsed from the date of the applicant's first conviction of either driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under AS 28.35.030 or refusal to submit to a chemical test under AS 28.35.032;
        (2) less than 10 years have elapsed from the date of the applicant's conviction for
             (A) refusal to submit to a chemical test under AS 28.35.032 if the offense occurred while driving a commercial motor vehicle; or
             (B) an offense described in AS 28.33.140(a)(1), (4), (5), or (10);
        (3) the applicant has been convicted two or more times of misdemeanor driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under AS 28.35.030 or misdemeanor refusal to submit to a chemical test under AS 28.35.032, or a combination of those offenses.
   (e) For purposes of determining whether an applicant has been convicted of an offense listed under (c) or (d) of this section, a conviction under prior state law or in another jurisdiction of an offense having elements similar to those of the offenses listed in (c) or (d) of this section is considered a conviction.
   (f) Costs of conducting the background check required under (b)(4) of this section shall be paid by the applicant. Application for renewal may be made by submitting to the department the results of a current physical examination and paying the required fee.
   (g) Conviction of an offense described in (c) or (d) of this section is grounds for the immediate cancellation of a license issued under this section.
   (h) To qualify for a license, an applicant who has been convicted of an offense described in (c)(2) or (d) of this section shall supply proof that is acceptable to the department of the date of the applicant's conviction for the offense.
   (i) A license issued under this section expires unless renewed within five years after the date of its issuance. A person may renew a license under this section within one year before its expiration upon proper application, payment of the required fee, and the completion of a background check under (b)(4) of this section.
   (j) The holder of a school bus driver's license under this section shall, at the time of renewal, report, on a form provided by the department, a conviction for an offense listed in (c), (d), or (e) of this section.
   (k) Notwithstanding (c) or (d) of this section, the department may, under standards set by regulation, issue a license to a person who
        (1) may otherwise not be issued a license under (d)(3) of this section if, in the 10-year period immediately preceding the application under this subsection, the person has not been convicted of a violation of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under AS 28.35.030 or refusal to submit to a chemical test under AS 28.35.032;
        (2) has been convicted of an offense listed under (c)(2)(A) - (D) of this section if less than two years have elapsed since the date of conviction and the offense was not against a child.
   (l) In this section, the date of conviction is the date that sentence is imposed for the offense.

Authorities

12.62.400;28.15.161;28.33.100

Notes

Implemented As

2 AAC 90.010
2 AAC 90.015
2 AAC 90.020
2 AAC 90.030
2 AAC 90.040
2 AAC 90.045
2 AAC 90.050
2 AAC 90.055
2 AAC 90.210
4 AAC 27.210
4 AAC 27.220
4 AAC 27.230
4 AAC 27.235
4 AAC 27.240

References

2 AAC 90.010
2 AAC 90.015
2 AAC 90.050
2 AAC 90.210
4 AAC 27.230
AS 12.62.400 National criminal history record checks for employment, licensing, and other noncriminal justice purposes.
AS 28.15.161 Cancellation of driver's license.
AS 28.33.100 License to drive commercial motor vehicle.

History

(Sec. 3 ch 19 SLA 1986; am Sec. 1 ch 13 SLA 1988; am Sec. 6 ch 12 SLA 1990; am Sec. 19 ch 81 SLA 1998; am Sec. 8 ch 60 SLA 2002; am Sec. 17 ch 79 SLA 2004; am Sec. 6 ch 23 SLA 2007; am Sec. 23 ch 1 TSSLA 2012; am Sec. 3 - 7 ch 45 SLA 2014)