Seven years ago, I have discovered a loop-hole in the current Motor Vehicle Traffic Law named Article 19A, of which protects children from kindergarten to 12th grade level from the following acts: i.e. drinking alcoholic beverages, smoking illegal substances and acts of sexual misconduct while driving a school bus. Several years ago when my daughter Ashley as well as my son Alexander was attending nursery school, I discovered that these protections found in New York State Department of Motor Vehicles Article 19A did not apply to them because they at that time were not at five years of age. In fact there are no such laws in place to protect children from the previous acts mentioned above, other than criminal laws that are in place. Sadly when these laws are put into action the crime has already been committed. These criminal laws handle the result not the cause. Article 19A of New York State Department of Motor Vehicles only protects children from kindergarten to 12th grade. Several years ago I brought these concerns to Mr. Kenneth Bruno who was and still is the Rensselaer County District Attorney. Mr. Bruno agreed that my findings should be given detailed attention and the Rensselaer County Taskforce on School Bus Safety was born. There were many meetings one of them was a televised news conference. Mr. Kenneth Bruno also informed the Rensselaer County Legislature of my findings discovering this loophole. It was decided unanimously within the Rensselaer County Legislature, State of New York that this amendment should be passed. My findings of this loophole went then onto the New York State Legislature located in the Capital Building in Albany, New York. There the resolution to Article 19A to the Motor Vehicle Traffic Law has passed for several years by Senator Mr. Joseph Bruno of who has passed this bill year after year, even though Mr. Joseph Bruno is not the chair on transportation, but he understands the great need for this amendment to be passed. At the Assembly, this bill has died year after year in committee. I am told by the codes committee that my concerns are all ready contained within the Article 19A. This is sadly not the case, as I have checked directly with the NYSDMV Office via the telephone, as well as in writing to the Governor about my concerns, of which he forwarded my concerns for actions to be taken by the Director William W. Arendt of the driver program regulation. The NYSDMV in years past has sought passage of a similar bill. They like me have experienced the same opposition. I have been informed by the NYSDMV that the opposition is coming from but not limited to the private sector of day camps within New York State. I have also been informed by the codes committee in the past received opposition against the amendment from various day camps, voicing their fiscal concern that such a amendment would mean higher costs of CDL drivers license, rather then telling the concerning camp official of the necessary requirements for operating a small van type school bus with ten or less passengers. Instead of stating the NYSDMV requirements, they simply record the opposing concerns without a second thought, causing the amendment to stand still within the committee. In addition to recording these oppositions, I have received correspondence from Marty Rosenbaum from the Program & Counsel Staff the correspondence that he has sent me involves the law relating to limitations on enforcement of penalties against child day care providers and the training requirements. These laws have nothing to do with the transportation of these children to these various educational institutions. I assume he thinks that somehow that the correspondence that he has sent answers my concerns; he is mistaken, because this in my view is just another attempt to skirt the issue. Another issue is that which is of confidentiality, I am a very firm believer that ones confidentiality ends where a child’s safety begins... This is a core belief that should be in everyone. This idea does not seem to be a problem with the current law, so why should it be a problem in the amendment to article 19a that would include all children? I also am aware of the games being played within the legislature, the assembly may say to the Senate we will pass this bill (whatever that bill may be) if you the Senate pass this for us. This bill is not one for those types of childish behaviors. Children are not republican or democratic; they are just children and are not to be considered parcel packages on the back of a delivery vehicle. These children are the future of America. After eight years I have become somewhat weary on trust with that department, but I will not give up. I will continue until each and every child under the age of five within the state of New York has the same protections as their older brothers and sisters enjoy. The year 2002 could be the eighth year in a row that the amendment did not pass the committee because of this type of handling. This amendment is very important to parents of New York State and I should think that all parents would demand the swift passage of such an amendment so that all children in New York State are safe and sound while riding on school bus no matter what size the vehicle is. This bill as well as others can be found on the internet at http://assembly.state.ny.us. Once on the assembly website, type A4510 in the quick search menu located at the bottom of the webpage, there you will discover that there are no Fiscal Implications. Additionally the following bills can be called up by using the same procedure A8854, S2373 as well as S4601. As each year changes, so does the sponsor of the bill. When this occurs the wording also changes to meet with the new sponsor. Many times this changing of the words means that items get added, such is the case this year as well as last year as well. That addition is as follows medical examiner certificate for drivers this has been a problem because of the distance from my original findings. Why the wording changes each and every year, I do not understand. If a bill is noteworthy and true then it should have a clear strong voice year after year. This in my opinion only lengthens the overall process. I have waited a patient eight years for the process to take shape into the amendment to article 19A that would protect all children riding on a school bus, not just those children from kindergarten to the 12th grade. It is the small children who are most susceptible to the unheard acts as mentioned above. I fully understand that there are possibly hundreds of bills that require the attention of investigating and ultimately passage of these bills. This bill and the bills that are mentioned within this letter are unique in that they protect children from the unheard acts as mentioned above while riding on a school bus. Action should be taken immediately because they involve the safety and the security of our children, and nothing should be more important than our children. These bills that I have mentioned in this letter should be in the top of execution to completion. I would like to see immediate action taken this year of 2002 to have this amendment passed within New York State. Once passed in New York State, it could be the leader in children’s safety for the rest of the Nation as it has in the past and it is my intention to have this introduced as federal law.

Sincerely,

Gregory J. Deyss