BILL NUMBER:S5725

TITLE OF BILL:  An act to amend the general municipal law and the
vehicle and traffic law, in relation to prohibiting sex offenders from
operating automobiles participating in mobile application based
transportation networks or being employed by such transportation
networks

PURPOSE OR GENERAL IDEA OF BILL:

Prohibits sex offenders from operating automobiles participating in
mobile application based transportation networks or being employed by
such transportation networks.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 181 of the general municipal law, is amended by
adding a new subdivision 3 to read as follows:

(3) No person required to maintain registration under article six-C of
the correction law shall operate an automobile for or be employed by
any mobile application based transportation network. Such
transportation networks shall be required to perform a background
check on all employees that shall include the state sex offender
registry.

              

Section 2. Section 401 of the vehicle and traffic law, is amended by
adding a new subdivision 3-a to read as follows:

3-a. Restrictions on license to drive a motor vehicle for a mobile
application based transportation network. No person required to
maintain registration under article six-C of the correction law shall
be permitted to maintain a license for purposes of operation any
automobile for or be employed by any mobile application based
transportation network. Such transportation networks shall be required
to perform a background check on all employees that shall include the
state sex offender registry.

Section 3. This act shall take effect immediately.

JUSTIFICATION:

Recent and nationwide accountings of criminal behavior by drivers
working in association with mobile applications transportation
networks have raised concerns as to the safety of consumers using such
services.

Sexual assaults and violent acts perpetrated against customers by
drivers working as "independent contractors" with companies like
Ubber, Lyft and Sidecar in communities across the nation have prompted
scrutiny into the employee screening processes used by these mobile
application based transportation networks.

Major news organizations have conducted investigative reporting which
has uncovered faulty background checks by Ubber and the like. This in
turn has allowed individuals with violent criminal histories to work


as drivers in these transportation systems. This set of events and
actions has placed countless consumers in harm's way.

This legislation goes beyond the faulty background screening processes
used by mobile application transportation networks by simply
prohibiting one set of individual who have exhibited dangerous
criminal behavior from any participation in the workforce of these
transportation systems.

By adding level 1, level 2 and level 3 sex offenders to those
prohibited from applying and working as "independent contractors for
Ubber, Lyft and the like, this legislation will effectively reduce the
threat to consumers that they will become crime victims.