Bill Text: NY S08698 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-10 - REFERRED TO TRANSPORTATION [S08698 Detail]

Download: New_York-2017-S08698-Introduced.html

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                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.