Relates to requiring fingerprinting as part of the criminal background check for a TNC driver to secure criminal history records from both the state division of criminal justice services and the federal bureau of investigation.
STATE OF NEW YORK
________________________________________________________________________
7909
IN SENATE
March 2, 2020
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
fingerprinting as part of the criminal background check for a TNC
driver
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 and paragraph (a) of subdivision 2 of section
2 1699 of the vehicle and traffic law, as added by section 2 of part AAA
3 of chapter 59 of the laws of 2017, are amended to read as follows:
4 1. A TNC shall conduct, or have a third party conduct, a criminal
5 history background check using a lawful method approved by the depart-
6 ment pursuant to paragraph (a) of subdivision two of this section for
7 persons applying to drive for such company, provided that such criminal
8 history background check shall include without limitation, fingerprint-
9 ing for the purpose of securing criminal history records from both the
10 state division of criminal justice services and the federal bureau of
11 investigation.
12 (a) The method used to conduct a criminal history background check
13 pursuant to subdivision one of this section shall be established in
14 regulations adopted by the department within thirty days of the [effec-
15 tive date of this subdivision] chapter of the laws of two thousand twen-
16 ty that amended this paragraph takes effect. To ensure safety of the
17 passengers and the public such regulations shall establish the method
18 used to conduct such background checks and any processes and operations
19 necessary to complete such checks, including without limitation, crimi-
20 nal history background checks that consist of fingerprinting as
21 described in subdivision one of this section. The review of criminal
22 history information and determinations about whether or not an applicant
23 is issued a TNC driver permit shall be controlled by paragraphs (b), (c)
24 and (d) of this subdivision.
25 § 2. This act shall take effect on the thirtieth of January next
26 succeeding the date on which it shall have become a law. Effective imme-
27 diately, the addition, amendment and/or repeal of any rule or regulation
28 necessary for the implementation of this act on its effective date are
29 authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14940-01-0