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.