Requires that TNCs have a screening company accredited by the National Association of Professional Background Screeners conduct criminal background checks for TNC drivers on a yearly basis.
STATE OF NEW YORK
________________________________________________________________________
8698
IN SENATE
May 10, 2018
___________
Introduced by Sen. SEPULVEDA -- 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 criminal
background checks for TNC drivers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 1 of
2 section 1696 of the vehicle and traffic law, as added by section 2 of
3 part AAA of chapter 59 of the laws of 2017, is amended to read as
4 follows:
5 (ii) The TNC shall have a screening company accredited by the National
6 Association of Professional Background Screeners conduct[, or have a
7 third party conduct,] a criminal background check for each applicant in
8 accordance with section sixteen hundred ninety-nine of this article and
9 that shall review whether the applicant:
10 (A) is listed on the New York state sex offender registry pursuant to
11 article six-C of the correction law; and
12 (B) is a match in the United States Department of Justice National Sex
13 Offender Public Website;
14 § 2. Subdivision 1 and paragraph (a) of subdivision 2 of section 1699
15 of the vehicle and traffic law, as added by section 2 of part AAA of
16 chapter 59 of the laws of 2017, are amended to read as follows:
17 1. A TNC shall have a screening company accredited by the National
18 Association of Professional Background Screeners conduct[, or have a
19 third party conduct,] a criminal history background check [using a
20 lawful method approved by the department pursuant to paragraph (a) of
21 subdivision two of this section] for persons applying to drive for such
22 company.
23 (a) [The method used to conduct a criminal history background check
24 pursuant to subdivision one of this section shall be established in
25 regulations adopted by the department within thirty days of the effec-
26 tive date of this subdivision. To ensure safety of the passengers and
27 the public such regulations shall establish the method used to conduct
28 such background checks and any processes and operations necessary to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15873-02-8
S. 8698 2
1 complete such checks.] The review of criminal history information and
2 determinations about whether or not an applicant is issued a TNC driver
3 permit shall be controlled by paragraphs (b), (c) and (d) of this subdi-
4 vision.
5 § 3. Subdivision 3 of section 1699 of the vehicle and traffic law, as
6 added by section 2 of part AAA of chapter 59 of the laws of 2017, is
7 amended to read as follows:
8 3. A TNC shall [update the] conduct a criminal history background
9 check yearly during the period in which the person is authorized to
10 drive for the company, however, the commissioner may require, pursuant
11 to regulation, more frequent criminal history background checks.
12 § 4. This act shall take effect on the thirtieth day after it shall
13 have become a law.