S T A T E O F N E W Y O R K
________________________________________________________________________
8698
I N S E N A T E
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:
Section 1. Subparagraph (ii) of paragraph (a) of subdivision 1 of
section 1696 of the vehicle and traffic law, as added by section 2 of
part AAA of chapter 59 of the laws of 2017, is amended to read as
follows:
(ii) The TNC shall HAVE A SCREENING COMPANY ACCREDITED BY THE NATIONAL
ASSOCIATION OF PROFESSIONAL BACKGROUND SCREENERS conduct[, or have a
third party conduct,] a criminal background check for each applicant in
accordance with section sixteen hundred ninety-nine of this article and
that shall review whether the applicant:
(A) is listed on the New York state sex offender registry pursuant to
article six-C of the correction law; and
(B) is a match in the United States Department of Justice National Sex
Offender Public Website;
§ 2. Subdivision 1 and paragraph (a) of subdivision 2 of section 1699
of the vehicle and traffic law, as added by section 2 of part AAA of
chapter 59 of the laws of 2017, are amended to read as follows:
1. A TNC shall HAVE A SCREENING COMPANY ACCREDITED BY THE NATIONAL
ASSOCIATION OF PROFESSIONAL BACKGROUND SCREENERS conduct[, or have a
third party conduct,] a criminal history background check [using a
lawful method approved by the department pursuant to paragraph (a) of
subdivision two of this section] for persons applying to drive for such
company.
(a) [The method used to conduct a criminal history background check
pursuant to subdivision one of this section shall be established in
regulations adopted by the department within thirty days of the effec-
tive date of this subdivision. To ensure safety of the passengers and
the public such regulations shall establish the method used to conduct
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
complete such checks.] The review of criminal history information and
determinations about whether or not an applicant is issued a TNC driver
permit shall be controlled by paragraphs (b), (c) and (d) of this subdi-
vision.
§ 3. Subdivision 3 of section 1699 of the vehicle and traffic law, as
added by section 2 of part AAA of chapter 59 of the laws of 2017, is
amended to read as follows:
3. A TNC shall [update the] CONDUCT A criminal history background
check yearly during the period in which the person is authorized to
drive for the company, however, the commissioner may require, pursuant
to regulation, more frequent criminal history background checks.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law.