Senate Bill S405

                                
 
BILL NUMBER: S405

SPONSOR: LANZA
 
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 trans-
portation 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 employ-
ees 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 permit-
ted 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 regis-
try.

Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

Recent and nationwide accountings of criminal behavior by drivers work-
ing 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 driv-
ers working as "independent contractors" with companies like Uber, 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 Uber 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 Uber, Lyft and
the like, this legislation will effectively reduce the threat to consum-
ers that they will become crime victims.

 
LEGISLATIVE HISTORY:

2018: S.2600 - Passed Senate / A.7853- Referred to Correction
2017: S.2600 - Passed Senate /A.7853 - Referred to Correction
2016: S.5725 - Passed Senate / A.6883 - Referred to Correction
2015: S.5725 - Passed Senate / A.6883 - Referred to Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.